ADJ25-013 Staff Decision - Laserfiche WebLink

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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 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) based on 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 January 5th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on January 6th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The SA (special agriculture) zone is applied in areas characterized by small farm operations or areas with a mixture of good and poor farm soils where the existing land use pattern is a mixture of large and small farm units and some acreage homesites. This zone allows the flexibility in management needed to obtain maximum resource production from these lands. It emphasizes farm use, but forest use is allowed and protected from conflicts. The SA zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. 2. The property is located on the west side of Orville Road S, approximately 1 mile south of its intersection with Vitae Springs Road South. The property contains a single family dwelling, accessory structures, well, and septic system. Building Inspection Division records reveal that in February 1983 permits were issued to place the dwelling on the property. It replaced a mobile home that was placed on the property, with permits, in 1979. In 2004 the property owners at the time applied for a conditional use medical hardship (CU04-024) and it was approved by the Planning department. Based on the building permit history and past land use case, the property is considered a lawful parcel for land use purposes. 3. All surrounding properties are zoned SA and consist of small acreages devoted residential uses mixed with larger, generally wooded, parcels. 4. Soil Survey of Marion County Oregon indicates 98.9% of the subject property is high-value farm soils. 5. The applicant is proposing to adjust the guest house standards to allow a guest house inside of a building further than 100 feet away from the primary dwelling. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. ENGINEERING REQUIREMENT A. Transportation-related System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits for conversion of all or part of the existing personal use storage structure to a guesthouse. Marion County Septic Inspection commented: Condition of Approval: An authorization is required to connect a proposed guesthouse into the existing septic system. Marion County Building Inspection commented: Permit(s) are required to be obtained prior to alterations to the existing structure and/or utilities installation. The existing structure may be required by the state building code to be structurally assessed by an Oregon licensed