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CU26-005 PC Decision
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CU26-005 PC Decision
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Last modified
5/12/2026 12:11:02 PM
Creation date
5/12/2026 12:11:13 PM
Metadata
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Land Use
Case_Number
26-005
Document_Date
5/12/2026
Land Use Type
Conditional Use
Tax_Lot_Number
072W33A003200
Document_Type
Decision
Site_Address
6000 BLOCK OF STATE ST
Additional Info
072W33A003300
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7. The applicants should contact the Marion County Number 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 />8. The applicants should contact the Marion County Assessor’s Office (503-588-5144) for additional information <br />regarding the farm/forest disqualification process (please see #10(C) in the Findings and Conclusions below). <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 may <br />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) based on new information subject to signing an extension of the <br />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 <br />May 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 />1. The SA (special agriculture) zone is applied in areas characterized by small farm operations or areas with a mixture <br />of good and poor farm soils where the existing land use pattern is a mixture of large and small farm units and some <br />acreage homesites. This zone allows the flexibility in management needed to obtain maximum resource production <br />from these lands. It emphasizes farm use, but forest use is allowed and protected from conflicts. The SA zone is <br />also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources <br />and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county <br /> <br />2. The subject lot is located south of State Street SE approximately one mile east of the intersection of State St . SE <br />and Cordon Road NE in the 6000 block of State Street SE. The parcel consists of two tax lots that comprise one <br />7.92-acre parcel of land. The subject lot is currently vacant and is relatively flat with no known geohazards or <br />FEMA floodplains. The proposed building site is located in the southern portion of the parcel on current tax lot <br />3300 (072W33A003300). The tax lot has access from State Street SE from the north. The northern boundary is <br />State Street SE and to the west is the man-made Willa Lake, and further west is the Lakeshore Terraces subdivision <br />along 59th Avenue SE. The land adjacent to the east is an agriculture parcel and to the immediate south is a small <br />acreage farm with a dwelling. <br /> <br />3. The parcel is first described in a 1979 deed (Reel 197, Page 501; dated December 31, 1979). The parcel has remained <br />in its current configuration until the present day. In August of 1996 the Marion County Planning Department <br />approved an Administrative Review for a single “lot of record” dwelling on the 7.92 acres for Alma Minte n. AR96- <br />088 found that this was one parcel of land comprised of two tax accounts. This is supported by the most recent 2007 <br />deed (Reel 2779, Page 237; January 23, 2007) that uses the s ame perimeter description. This dwelling was never <br />built. Then in 2018, the same parcel was part of another administrative review land use case (AR18-023) to establish <br />a Lot of Record dwelling. This case was eventually denied by the Planning Department. <br /> <br />Staff was not able to locate any deeds or survey information from before December 31, 1979; evidence does exist <br />that the western boundary of the subject parcel may have been created in 1967 by the creation of the Lakeshore <br />Terraces subdivision. Per MCC 17.114.040(A), any lot created by deed, plat or subdivision prior to September 1, <br />1977, is considered legally created for the purposes of applying the land use code. <br /> <br />Based on this code section, the Planning Director has the discretion to consider a lot legally created if it was done <br />so by deed. Since Staff could not find any legal records of property line adjustments, partitions, subdivisions, or <br />surveys indicating a method for which the subject lots were divided, it is applicable to apply this standard in this <br />instance. The history of land and the land use cases for tax lots 3200 and 3300 (Tax Accounts 523741, 524537,
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