CU26-006 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 any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 under Findings and Conclusions below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. The applicants should contact the Marion County No. 1 Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 10. 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 Zoning Administrator. If there is any doubt that the application conforms with adopted land use policies and regulations the Zoning Administrator must condition or deny the application. Anyone who disagrees with the decision may request that the application be considered by a County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 120 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 consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on April 20th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective April 21st, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Single Family Residential in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding RS (Single Family Residential) zone is to allow for areas of low density urban residential development. The RS zone allows opportunities for limited commercial activities in the form of home occupations through the conditional use process. 2. The property is located on the east side of 40th PL, about 130 feet south of the intersection between 40th PL and Mahrt Ave SE. The parcel is developed with a 1961 dwelling and an accessory garage. The parcel is considered legal for land use purposes. 3. Surrounding uses in the area are predominantly comprised of single-family residences, as all adjacent parcels are zoned RS. 120 feet to the west towards Lancaster Dr SE is the start of commercial development, with several parcels zoned CR (commercial retail). Most of the commercial uses in the area are involved in automobile sales, repair, or parts retail. 4. The applicant proposes to operate a dog grooming service as a home occupation on the property. 5. 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. Requirements: A. A preliminary access review indicates that arborvitae hedges on both sides of the driveway apron severely limits vision to oncoming street traffic during egress (backing) maneuvers, and will need to be removed. An Access Permit may be required at the time of application for building permits if not addressed beforehand.