CU25-044 Staff Decision - Laserfiche WebLink

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permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 8. The applicants should contact the Hubbard 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. 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 with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) 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. Requests for reconsideration, or consider- ation by a hearings officer, 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 December 8th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 9th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential in the Marion County Comprehensive Plan and is zoned Acreage Residential (AR). The intent of the AR zone is that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. The purpose of the AR designation and the corresponding Rural Residential zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. 2. The subject tax lot is located on the south east side of Highway 99 East approximately one quarter mile southwest of the intersection of Highway 99E and Stauffer Road NE. This area is an enclave of Acreage Residential (AR) homesites that stretch south to the urban grown boundary of the City of Hubbard. The property has a 1932 dwelling, several accessory structures and at least one recreational vehicle. The property was the subject of two previous land use cases (CU73-058 and CU80-002). The oldest deed that Staff could find was from 1980 (Reel 203, Page 1787) and the property is shown in its current configuration on surveys from 1947 (S15-012), 1973 (Survey 23881), 1987 (Survey 31061), 1994 (Partition Plat P94-134). Therefore, the dwelling and the parcel are considered legal for land use purposes. 3. Surrounding properties are a mixture of AR homesites, commercial properties, public zone, industrial zone, and multiple family residential zone. The majority of this development is along the west and east sides of Oregon Highway 99E. Outside of this area is the City of Hubbard and then the predominate land use pattern is Exclusive Farm Use (EFU) where the land is primarily in use as large scale commercial agriculture. 4. A signed Primary Care Provider Certificate has been submitted for Mary Charleston indicating she has medical conditions that preclude her from residing on a separate property from her caregiver. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: Specific Condition of Approval: An approved Septic Authorization Notice is required Per Oregon Administrative Rule 340-071-0205. Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained for any proposed utilities installation for RV hardship dwelling hookup.” All other contacted agencies either stated no objection to the proposal or failed to comment. 6. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in Section 17.120.040 of the Marion County Code (MCC). These include: