CUP26-015 Staff Decision - Laserfiche WebLink

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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 elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION CONDITIONAL USE / PARTITION CASE NO. 26-015 APPLICATION: Application of Ellen and Greg Wilt for a conditional use permit to establish a 58.92-acre conservation parcel by partitioning a 67.96-acre parcel to create a 58.92-acre parcel and an 11.08-acre parcel in an EFU (Exclusive Farm Use) zone located at 7908 Boedigheimer Rd SE, Sublimity (T8S; R1W; Section 26, Tax lot 1200.) DECISION: The Planning Director for Marion County has APPROVED the above-described Partition application subject to certain conditions. EXPIRATION DATE: This approval is valid only when the final partition plat is recorded by June 17th, 2028. The effective period may be extended for an additional year subject to approval of an extension (form available from the Planning Division). Additional extensions may not be granted if the regulations under which this decision was granted have changed since the original approval. WARNING: A decision approving the proposed division is for land use purposes only. Due to septic, well, and drain field replacement areas, these parcels may not be able to support a dwelling. To be sure the subject property can accommodate the proposal the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use established: 1. Per ORS 92.055, parcels over 10 acres can be unsurveyed. Per ORS 92.050, plat must be submitted for review. Checking fee and recording fees required. A current or updated title report must be submitted at the time of review. Title reports shall be no more than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. 2. Prior to plat approval, an existing septic system evaluation for the proposed southern parcel is required. 3. Prior to plat approval, the applicant shall submit documentation to Marion County Planning confirming that the 58.92-acre conservation parcel shall be transferred to United States Fish and Wildlife Service. 4. The applicant shall sign and submit a Farm/Forest Declaratory Statement (enclosed) to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. 5. The resulting parcels shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval by the Planning Director. 6. The conservation parcel shall not be eligible for siting a dwelling and may not be considered in either approving or denying an application for siting any other dwelling. 7. The conservation parcel may not be considered in approving a redesignation or rezoning of forest lands or farmlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use. ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 8. After the final Partition plat has been recorded no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining