CU25-045 Staff Decision - Laserfiche WebLink

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8. The applicants are advised that this permit is granted for a period of one year and must be renewed for succes- sive one year periods upon submittal of a Physician's Certificate verifying that the hardship conditions continue to exist. In addition, every five years the Marion County Building Inspection Division requires a septic evaluation for shared systems prior to renewal of hardship conditional uses. 9. The RV shall not be sited within the identified 100-year floodplain of the Pudding River. 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 thereon. It is recommended that the agencies mentioned in Finding # 7 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 10. The applicants should contact the Silverton 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 regula- tions 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 consideration 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 subject property is designated primary agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding EFU zone is to promote the continuation of commercial agricultural and forestry operations. A temporary manufactured home/RV under hardship conditions may be approved as a conditional use provided the need is justified and the residence will not have a detrimental impact upon the existing or potential farming and timber activity in the area. 2. The property is located on the east side of 119th Ave SE, approximately 175 feet southeast of its intersection with State St SE. The 5.43-acre parcel identified as tax lot 2200 contains an existing manufactured dwelling, well and a septic system. The subject parcel is partially within the 100-year floodplain of the Pudding River and is dedicated to riparian habitat (see Marion County Tax Assessor’s information on riparian exemption status). A review of the land use history found that the parcel has been the subject of several land use cases over the years. The existing manufactured dwelling was approved as a non-farm dwelling by case CU06-053, an administrative review AR07- 005 approved the reduction of the special setback to the northeast property line from 200 feet to 100 feet, and most recently there was an approval for a medical hardship by case CU19-011, which was applied for by the current applicant but never implemented. The parcel has not changed its configuration since it was created in its current form by PLA06-032 and is considered legal for land use purposes. 3. Surrounding uses include commercial farming operations immediately to the north and east and several smaller parcels along 119th Ave and the Pudding River to the south and west that are in use as acreage homesites with riparian habitat and not part of farming operations. 4. Soil Survey of Marion County Oregon indicates 97% of the subject property is composed of high-value farm soils, however a soils report submitted with the non-farm dwelling application found that high-value farm soils compose only 11.6% of the subject property. 5. The applicants are proposing to use an RV as a temporary dwelling for a medical hardship on the property.