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CU26-003 Staff Decision
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CU26-003 Staff Decision
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Last modified
2/12/2026 9:36:32 AM
Creation date
2/12/2026 9:36:44 AM
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Land Use
Case_Number
26-003
Document_Date
2/12/2026
Land Use Type
Conditional Use
Tax_Lot_Number
083W350000202
Document_Type
Decision
Site_Address
1675 RODGERS CREEK LN SE
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ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually <br />satisfied: <br /> <br />8. The manufactured dwelling or RV shall be located as shown on the applicant's site plan. <br /> <br />9. The applicants are advised that this permit is granted for a period of one year and must be renewed for succes- <br />sive one year periods upon submittal of a Physician's Certificate verifying that the hardship conditions continue to <br />exist. In addition, for shared septic systems, every five years the Marion County Building Inspection Division <br />requires a septic evaluation prior to renewal of hardship conditional uses. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the respon sibility for, obtaining <br />other permits or satisfying restrictions or conditions. It is recommended agencies mentioned in Finding #6 below be <br />contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />10. The applicants should contact the Turner Fire District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on February 27th, 2026. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />February 28th, 2026, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding SA zone is to promote the continuation of commercial <br />agricultural and forestry operations. A temporary manufactured dwelling or RV under hardship conditions may be <br />approved as a conditional use provided the need is justified and the residence will not have a detrimental impact <br />upon the existing or potential farming and timber activity in the area. <br /> <br />2. The subject parcel is located at the terminus of Rodgers Creek Lane SE which intersects Sunnyside Road SE <br />about three quarters of a mile northwest of the intersection of Sunnyside Rd SE and Squirrel Hill Road SE. The <br />parcel is mostly wooded and has a 1984 dwelling and several accessory structures. The parcel was created in its <br />current configuration by a partition in 1979 (MJP79-129) and has remained in that configuration. The partition <br />was recorded in Partition Plat MP79-129. Therefore, the parcel is considered legal for land use purposes. <br /> <br />3. Surrounding uses include a mixture of large, wooded parcels, large fields engaged in commercial agriculture, and <br />a number of smaller parcels in use as rural residences. All surrounding parcels are either zoned SA or EFU <br />(exclusive farm use). <br /> <br />4. According to the Marion County Soils Analysis tool, the subject property contains 24.9% high value soils and <br />75.1% non-high value soils. <br />
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