V25-012 Staff Decision - Laserfiche WebLink

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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 restrictions or conditions. It is recommended that agencies mentioned in Finding #5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 8. The applicant should contact the Drakes Crossing Fire District and obtain a copy of the District’s Recommended Building Access and Identification Guidelines. For personal and property safety it is recommended that the applicant follow these guidelines. Fire District access standards may be more restrictive than County Standards. APPEAL PROCEDURE: The Marion County Zone Code provides that Variance 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 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 fee of $200.00) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applicat- ions. 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 December 26th, 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 29th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated as forest land in the Marion County Comprehensive Plan. The purpose of this designation and the corresponding TC (Timber Conservation) zone is to conserve forest lands by maintaining the forest land base. The TC zone places primary emphasis on forest use, but compatible uses are also allowed. 2. The property is located 2,300 feet west from the end of a forest service road Phelps Mountain Ln SE, which has an access point approximately 2 miles east of the dwelling site in the 20,300 block of Bridge Creek Rd SE. The parcel is on the east side of the center point of the boundary between the northwest corner of section 36 (NW 36) and the northeast corner of section 36 (NE 36). Development on the subject parcel includes a 2022 dwelling, a small solar power array, and some small accessory structures. Portions of the property have been cleared of trees while others are still wooded. A review of the land use history found that the parcel was created in its current configuration as a result of property line adjustment case PLA16-028 and is considered legal for land use purposes. 3. Surrounding properties to the south and west are part of large commercial timber stands or personal forest property. While these uses also exist further to the north and east, immediately adjacent parcels are in use as small forest homesites, with a total of roughly 5 parcels in addition to the subject parcel dedicated to this use. 4. The applicant is proposing to construct a residential accessory structure and reduce the setback for said structure from 20 feet to 8 feet from the south property line. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “Permit(s) are required to be obtained prior to the development of the detached accessory structure exceeding 400 sq. ft. in area and/or less than 20 feet to adjacent structures or property lines, and any utilities associated with the proposed shop building including, but not limited to, plumbing or electrical systems.” All other contacted agencies either failed to comment or stated no objection to proposal. 6. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: