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ADJ26-003 Staff Decision
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ADJ26-003 Staff Decision
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Last modified
5/13/2026 10:08:13 AM
Creation date
5/13/2026 10:08:28 AM
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Land Use
Case_Number
26-003
Document_Date
5/13/2026
Land Use Type
Adjustment
Tax_Lot_Number
082W26D003400
Document_Type
Decision
Site_Address
8163 MILL CREEK RD SE
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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own <br />elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and <br />address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or <br />use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed <br />at the end of this report. <br /> <br />NOTICE OF DECISION <br />ADJUSTMENT CASE NO. 26-003 <br /> <br />APPLICATION: Application of Nancy Jean Pflug for an adjustment to reduce the side yard setback for an accessory <br />structure from 10-feet and 4 inches to 8-feet on a 0.94-acre parcel in an AR (Acreage Residential) zone located at 8163 <br />Mill Creek Rd SE, Aumsville (T8S; R2W; Section 26D; Tax lot 3400). <br /> <br />DECISION: The Planning Director for Marion County has APPROVED the above-described Adjustment subject to <br />certain conditions. <br /> <br />EXPIRATION DATE: This decision is valid only when exercised by May 28th, 2028 (two years) unless an extension is <br />granted. The effective period may be extended for one year subject to approval of an extension. Request for an extension <br />must be submitted to the Planning Division prior to expiration of the approval (form available from the Planning <br />Division). <br /> <br />WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield <br />replacement areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate <br />the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. <br /> <br />This decision does not include approval of a building permit. <br /> <br />CONDITIONS: <br /> <br />1. The applicants shall obtain all permits required by the Marion County Building Inspection Division. <br /> <br />2. Prior to issuance of any permits, the applicant shall submit a site plan for review and approval by the Planning <br />Manager. <br /> <br />3. The accessory structure shall maintain an 8-foot setback to the west property line. <br /> <br />OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect any covenants or <br />restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or <br />fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, <br />obtaining other permits or satisfying any restrictions or conditions thereon. The applicant is advised of the following: <br /> <br />4. The applicants should contact the Aumsville 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. <br />Fire 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 regula- <br />tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision <br />to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on <br />the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form <br />available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, <br />Salem by 5:00 p.m. on May 28th, 2026. If you have questions about this decision contact the Planning Division at (503) <br />588-5038 or at the office. This decision is effective on May 29th, 2026, unless appealed. <br /> <br /> <br />
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