AR25-024 Staff Decision - Laserfiche WebLink

Home Browse Search

9. The property address will be 19521 Jack Lane SE OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions. It is recommended that the agencies mentioned in finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 10. The applicant should contact the Drakes Crossing Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 11. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms to with adopted land use policies and regulations the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County Hearings Officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on November 18th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 19th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Farm Timber in the Marion County Comprehensive Plan and zoned FT (Farm/Timber). The purpose of the FT zone is to maintain properties for farm and timber use. Dwellings may be approved subject to the criteria in the zone. 2. The subject property is located on the west side of Highway 214 (Silver Falls Dr SE) approximately a mile and a half north of Silver Falls State Park. The property contains two small accessory structures and approximately 6- acres of timber. Jack Ln SE is a private road that crosses the subject parcel across its entire southern edge. The property consists of two legal parcels that require either combination or deed restrictions prior to establishing the proposed template test dwelling. The legality of these parcels is a result of the way that two areas are described by deed as separated by an access road that crosses the parcel from north to south. The description of these parcels that make up the subject property have remained the same since at least 1954 when they can be found as separate “save & except” descriptions in a deed transferring the parcel directly west across HWY 214 which was recorded in Book 461 on Pages 341 through 343. The subject property is therefore considered two legal parcels for land use purposes. 3. All adjacent properties are zoned FT (Farm/Timber). The western, southern, and eastern contain homesites and various agricultural uses such as Christmas tree production and timber. The north adjacent parcel is in use for timber production, with two areas clearcut at separate times. This north adjacent parcel was approved for a template test in 2022 by AR-023. Northeast across Hwy 214 is the Desantis Ridge Subdivision, created by SUB06-005 which realized the Measure 37 claim M05-103. This pattern of rural residential homesites with mixed agricultural and small stand timber production within a quarter mile on either side of Hwy 214 extends either direction from the subject parcel both towards Silverton and towards Silver Falls State Park.