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to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a fee of $200.00) <br />on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applicat- <br />ions. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form <br />available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, <br />Salem, by 5:00 p.m. on February 25th, 2026. If you have questions about this decision contact the Planning Division at <br />(503) 588-5038 or at the office. This decision is effective February 26th, 2026, unless appealed. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject properties are designated Rural Residential in the Marion County Comprehensive Plan and <br />correspondingly zoned AR (Acreage Residential). The primary intent of the designation is to provide for rural <br />residential development at a density sustainable with rural services. <br /> <br />2. The property is located on the southeast side of the intersection between Jory Hill Rd S and Elmhurst Ave S, <br />1,300 feet east of the intersection between Jory Hill Rd and Ruggles Ave. The property is 1.10-acres in size and <br />contains a 1978 dwelling. The parcel is considered legal for land use purposes. <br /> <br />3. Surrounding properties in the area are a mix of AR zoned parcels to the north and west and a number of SA <br />(Special Agriculture) zoned parcels to the east and south. The AR parcels in the area are in use as acreage <br />homesites whereas the SA zoned parcels contain a mix of forest lots, small acreage homesite parcels, and larger <br />farm field parcels starting 1,800 feet to the east. <br /> <br />4. The applicant is proposing to construct an accessory garage structure 12.5-feet from the west property line <br />abutting Elmhurst Ave and 17.5-feet from the southern property line, wherein both cases the required setback is <br />20-feet. <br /> <br />5. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br /> Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br />Engineering Requirements: <br /> <br />A. The estimated right-of-way (R/W) half-width on Elmhurst Ave is currently 20 feet from <br />centerline of R/W. However, a reduced setback along Elmhurst Ave will need to be referenced <br />from a Special Setback of 30 feet for a Local Road. <br /> <br />Marion County Building commented: “No Building Inspection concerns. Permit(s) would be required to be <br />obtained prior to the development of structures and/or utilities installation on private property, if not already <br />obtained.” <br /> <br />Marion County Septic provided the following comments: <br /> <br /> Note: The proposed structure must meet a minimum 10ft setback to any drainlines and a minimum 5ft <br />setback to any other part of the system. Additionally, the drainfield area must remain unaltered (i.e. no <br />gravel placed over the drainfield area, no cutting or filling) and must be free from any vehicular traffic. <br /> <br />Salem Suburban Fire District commented: “Fire department access and water supply are required per the Oregon <br />Fire Code at the time of development.” <br /> <br />All other contacted agencies either failed to comment or stated no objection to proposal. <br /> <br />