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11. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding #5 below, that may be required. <br />12. The applicants should contact the Marion County Fire District #1 to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire <br />District access standards may be more restrictive than County standards. The Deputy Fire Marshal can be reached at <br />(503) 588-6533 <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 regulations <br />the Director must condition or deny the application. Anyone who disagrees with the decision may request that the application <br />be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsid eration <br />(one time only and a fee of $250) on the basis of new information subject to signing an extension of the 120-day time limit <br />for review of zoning applications. <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, together <br />with the appeal fee, in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on <br />May 22nd, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. <br />This decision is effective May 23rd, 2026, unless further consideration is requested. <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br />1. The property is designated Single Family Residential in the Salem Area Comprehensive Plan. The major purpose of <br />this designation and the corresponding Single-Family zone is to provide areas for development of attached or detached <br />residences on individual lots provided with urban services. <br />2. The subject property is located in a single-family residential zone inside the City of Salem’s urban growth boundary, <br />but in the unannexed portion, and in the planning jurisdiction of Marion County. The property is located on the north <br />side of the non-county road Midway Avenue NE about 250 feet from the intersection of Midway Ave NE and 36th <br />Avenue NE. The property contains a 1943 primary dwelling and at least two accessory structures including a structure <br />located in the northern portion that is approximately 1,600 square feet and described as a general purpose building. The <br />property has been described by deed in its present configuration since at least November 9th, 1942 (Deed Volume 277, <br />Page 207). Therefore, the parcel is legal for land use purposes. <br />3. Surrounding properties are zoned single-family residential (RS) to the east, west and south. To the immediate north is <br />an area zoned Commercial Retail (CR) where the Willamette Town Center shopping center is located. South of the <br />subject property area the use changes to Multiple-Family Residential (RM) and RS. Further to the east the zoning is CR <br />and RM along Lancaster Drive NE. <br />4. The applicant proposes to divide a 0.32-acre (13,939 square feet) lot into two parcels of 0.10-acres (4,359 square feet) <br />and 0.22-acres (9,583 square feet). <br />5. Various agencies were contacted and given the opportunity to comment on the proposal. <br />Marion County Surveyor’s Office commented: <br />A. Parcels ten acres and less must be surveyed and monumented. <br />B. Per ORS 92.050, plat must be submitted for review. <br />C. Checking fee and recording fees required. <br />D. A title report must be submitted at the time of review. Title reports shall be no more than 15 days old at the time <br />of approval of the plat by the Surveyor’s Office, which may require additional updated reports. <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land <br />use decision. <br />