CU26-016 Staff Decision - Laserfiche WebLink

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7. The applicants should contact the Stayton Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on June 12th, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 13th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential in the Marion County Comprehensive Plan and is zoned Acreage Residential (AR). The intent of the AR zone is that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. The purpose of the AR designation and the corresponding Rural Residential zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. 2. The subject tax lot is located on the south side of Riley Ln SE, a private road that comes off Phipps Ln SE. The intersection of Riley Ln and Phipps Ln is located approximately 400 feet north of North Santiam Highway. The parcel is developed with one 1986 manufactured home and a few accessory structures. It is in the unincorporated community of Mehama and is located between the boundaries of North Santiam Highway to the south and Stout Creek to the north. The parcel was created by partition in 1990 by case P90-028 and has remained in that configuration ever since (PP90-057). Therefore, the parcel is legal for land use purposes. 3. Many surrounding properties are AR zoned rural homesites. There are two parcels directly south that are zoned IUC (Unincorporated Community Industrial). 4. A signed Primary Care Provider Certificate has been submitted for Bud Jackson indicating he has medical conditions that preclude him from residing on a separate property from his caregiver. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: Condition of Approval: An authorization with a field visit is required to connect the hardship to the existing septic system. Note: Hardship authorizations are valid for up to 5 years, not exceeding the cessation of the hardship. If after 5 years the hardship is still needed, a new authorization will be required. Along with the initial authorization application, the distribution box must be uncovered, and a full 8-page existing system evaluation form must be submitted. Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained for the installation of utilities for the RV hardship dwelling, if not already present.” All other contacted agencies either stated no objection to the proposal or failed to comment. 6. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in Section 17.120.040 of the Marion County Code (MCC). These include: Use of a temporary mobile home, recreational vehicle, or existing building for the care of someone with a hardship may be approved as a conditional use subject to meeting the following criteria: A. For the purposes of this section: