PLA25-058 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 another 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. 7. Prior to recording the deeds all taxes due must be paid to the Marion County Assessor’s Office Tax Section (contact them at (503) 588-5215 for verification of payments). 8. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #5 below, that may be required. 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 $250) 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 Road NE, Salem, by 5:00 p.m. on February 26th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective February 27th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Single Family Residential in the City of Silverton Comprehensive Plan correspondingly zoned UT-5 (Urban Transition) under the jurisdiction of Marion County. The primary intent of this zone is to retain and protect for future urban use properties which are undeveloped or underdeveloped and do not have available urban facilities such as sanitary sewer, water, drainage and streets. 2. The subject properties are located north of Evans Valley Rd NE and are located within Silverton’s urban growth boundary. Both are within the planning jurisdiction of Marion County. The 6.30-acre parcel is developed with one single family dwelling and a few accessory structures. The 5.87-acre parcel is developed with one dwelling and contains a few accessory structures. Both parcels were the subject of property line adjustment PLA24-019 and are therefore legal for land use purposes. 3. The properties are on the eastern edge of the City of Silverton’s Urban Growth Boundary. To the north and east are other UT-5 zoned parcels in mixed residential and agricultural use. To the west of tax lot 1200 is a developed Single-Family subdivision within the annexed area of Silverton. To the east and south of the subject parcels are properties in an EFU zone in use for rural residences, hobby farms, and agricultural operations. 4. The applicants are proposing to adjust the property lines of two of their parcels to give the 6.30-acre property direct access off Evans Valley Rd NE. 5. Various agencies were contacted with requests for comment: Marion County Building Inspection Division commented: “No Building Inspection concerns. It is recommended new property lines be established at least 3 feet from any existing residential structures and/or 10 feet from any existing commercial structures.” Marion County Surveyor’s Office commented: a. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. b. Survey checking fee required at the time of review. c. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4).