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CU26-014 Staff Decision
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CU26-014 Staff Decision
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Last modified
5/12/2026 10:05:35 AM
Creation date
5/12/2026 10:05:53 AM
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Land Use
Case_Number
26-014
Document_Date
5/12/2026
Land Use Type
Conditional Use
Tax_Lot_Number
072W32BA11100
Document_Type
Decision
Site_Address
321 49TH AVE SE
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other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in <br />Finding #5 under Findings and Conclusions below be contacted to identify restrictions or necessary permits. The applicant <br />is advised of the following: <br /> <br />9. The applicants should contact the Marion County No. 1 Fire District to obtain a copy of the District’s <br />Recommended Building Access and Premise Identification regulations and the Marion County Fire Code <br />Applications Guide. Fire District access standards may be more restrictive than County standards. <br /> <br />10. 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 /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Zoning Administrator. If there is any doubt that the application conforms with adopted land use policies and <br />regulations the Zoning Administrator must condition or deny the application. Anyone who disagrees with the decision <br />may request that the application be considered by a 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 120 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 />Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on May 27th, 2026. If you have questions about this <br />decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 28th, 2026, unless <br />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 Developing Residential in the Salem Area Comprehensive Plan. The purpose of this <br />designation and the corresponding UD (Urban Development) zone is to allow for areas of low density urban <br />residential development and other compatible uses. The UD zone allows opportunities for limited commercial <br />activities in the form of home occupations through the conditional use process. <br /> <br />2. The property is located on the corner of Adobe ST SE and 49th PL. The parcel is developed with a house built in <br />1956 and accessory structures. The driveway providing access to the parcel is off 49th Ave SE. The property has <br />existed in its current configuration since at least 1975 when it was described by deed recorded in Reel 29, Page <br />401 in the Book of Land Records for Marion County, Oregon. <br /> <br />3. Surrounding uses in the area are predominantly comprised of single-family residences, as all adjacent parcels are <br />zoned either UD or RS (Single-family residential). <br /> <br />4. The applicant proposes operating a bakery service as a home occupation on the property, to supplement existing <br />space at Emilio’s Bakery which is also owned by the property owner. <br /> <br />5. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Marion County Building commented: “Permit(s) are required to be obtained for any electrical alterations and the <br />infill of a garage door opening, if proposed. The specific type of ovens will determine what type of exhaust hood <br />and duct system to be installed. If they are domestic type ovens, then residential use exhaust hoods would be <br />sufficient according to the 2025 Oregon Mechanical Specialty Code, however, if they are not domestic but rather <br />commercial appliances, some other type of exhaust hood, possibly a Type II, may be required. Discussion with a <br />plans examiner is recommended prior to the purchase of the ovens and/or if they are already purchased, this <br />discussion will help determine the code required exhaust hood and duct system to install for the ovens. The <br />applications state this operation will not be open to the public, so no concern with providing accessibility to the <br />garage nor restroom availability to the public.” <br />
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