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CU26-013 Staff Decision
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CU26-013 Staff Decision
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Last modified
5/12/2026 9:23:23 AM
Creation date
5/12/2026 9:23:39 AM
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Land Use
Case_Number
26-013
Document_Date
5/12/2026
Land Use Type
Conditional Use
Tax_Lot_Number
072W28BD01102
Document_Type
Decision
Site_Address
5883 ASPEN WAY NE
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7. The applicants are advised that this permit is granted for a period of one year and must be renewed for successive <br />one year periods upon submittal of a Primary Care Provider Certificate verifying that the hardship conditions <br />continue to exist. In addition, every five years the Marion County Building Inspection Division requires a septic <br />evaluation for shared systems 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 other <br />local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other <br />permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />8. The applicants should contact the Marion County No. 1 Fire District 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. <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 regulations <br />the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that <br />the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request <br />reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150 <br />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 May 27th, 2026. If you have questions <br />about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 28th, <br />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 property is designated Rural Residential in the Marion County Comprehensive Plan and is zoned Acreage <br />Residential (AR). The intent of the AR zone is that residential sites be provided with adequate water supply and <br />wastewater disposal without exceeding the environmental and public service capability of the area or compromising <br />the rural character of the area. The purpose of the AR designation and the corresponding Rural Residential zone is <br />to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural <br />residential areas. <br /> <br />2. The subject tax lot is located on the north side of Aspen Way NE, a non-county road in a public right of way, which <br />itself extends east of Fir Knoll Ln NE approximately 900 feet south of the intersection of Fir Knoll Ln NE and Basil <br />St NE. The parcel contains a 1985 dwelling and an accessory structure. The parcel was created by partition in 1984 <br />by case P84-033 and has remained in that configuration ever since. Therefore, the parcel is legal for land use <br />purposes. <br /> <br />3. Surrounding properties are all AR zoned rural homesites and lots with some farm uses occurring in conjunction <br />with homesites. The subject parcel is in a relatively large neighborhood of Acreage Residential zoned parcels that <br />extends from the east side of the Salem Urban Growth Boundary at Cordon road. This neighborhood stretches east <br />towards resource zoned land in the county where the predominate land use pattern is commercial agriculture in the <br />Exclusive Farm Use (EFU) zone. <br /> <br />4. A signed Primary Care Provider Certificate has been submitted for Blanca Narvaez indicating she has medical <br />conditions that preclude her from residing on a separate property from her caregiver. <br /> <br />5. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Marion County Septic commented: <br />Specific Condition of Approval:
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