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CU25-039 Staff Decision
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CU25-039 Staff Decision
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Last modified
9/24/2025 12:37:11 PM
Creation date
9/24/2025 12:37:25 PM
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Land Use
Case_Number
25-039
Document_Date
9/24/2025
Land Use Type
Conditional Use
Tax_Lot_Number
083W18B000500
Document_Type
Decision
Site_Address
3705 BALLYNTYNE RD S
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7. Event business approvals must be renewed every year subject to the property owner providing the following <br />information: <br />1. Evidence of the annual renewal of permits required by other agencies and departments. <br />2. A log of events held the prior calendar year. <br />3. Any revisions to the site plan or parking and traffic circulation plan or both. Such revisions may be subject to <br />review and approval by the Planning Director and Public Works Director for consistency with the home <br />occupation event business approval. <br />4. Evidence that the property continues to be subject to special assessment for farm use. <br /> <br />8. Any approval is only for the property owner at the time of application. If the property is subsequently sold or <br />transferred to another person or entity, the new property owner must indicate review and acceptance of the <br />conditions of the land use approval prior to operating the business. <br /> <br />ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually <br />satisfied: <br /> <br />9. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are <br />permitted upon review and approval of the Planning Director. <br /> <br />10. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any <br />revocation could be appealed to the county hearings officer for a public hearing. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying restrictions or conditions thereon. It is recommended that agencies mentioned in Finding # <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br /> The applicants should contact the Salem Suburban Fire District to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />Fire District access standards may be more restrictive than County standards. <br /> <br /> The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on October 9th, 2025. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />October 10th, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding SA (Special Agriculture) zone is to identify, for special <br />treatment, those lands in Marion County that are characterized by small-scale commercial farm enterprises or <br />areas with a mixture of good and poor farm soils where the existing land use pattern is a mixture of large and <br />small farm units and some acreage homesites. <br /> <br />2. The property is located north of Ballyntyne Rd S, which is approximately one mile west of Ballyntyne’s <br />intersection with Croisan Creek Rd S. The property contains one single-family dwelling constructed in 1999. The
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