ADJ26-004 Staff Decision - Laserfiche WebLink

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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 deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) 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. Appeals 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 22nd, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on June 23rd, 2026, unless appealed. 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 lot (Tax Account 540162; Parcel 084E32CA01200) is located north west of the intersection of Elkhorn Drive SE and Ruth Street SE about 1200 feet south of the intersection of North Fork Road SE and Elkhorn RD SE. This area is a small enclave of Acreage Residential (AR) zoned land that was developed as sections of the Randalls Elkhorn Subdivision. The subject parcel was determined to be legally established in September 1990 by the Marion County planning department in a Legal Determination (September 13, 1990) as the remnant of the creation of the Randalls Elkhorn Subdivision that was first platted in 1959 and shown on Survey S20-006. Subsequentially in 1996, a lot line adjustment was approved by the Planning Director (LLA96-019) that involved the parcels directly north (084E32BD02200, 084E32BD02300, 084E32BD02400) and the subject parcel. This lot line adjustment added a 15 foot easement along the eastern boarder of the subject parcel to serve as a “well and transmission corridor” to benefit the aforementioned parcels. Therefore, the parcel is considered legal for land use purposes. 3. Surrounding parcels to the east and to the north are all zoned Acreage Residential and part of the Randalls Elkhorn Subdivisions 1-4. The vast majority of these parcels are small residential acreage homesites. This area was destroyed by the 2020 Beachie Creek Fire and many of the lots have had their dwellings reestablished. The land to the south and west are zoned Timber Conservation (TC). This zoning is the principle zone surrounding the subject area . 4. The applicants are requesting an adjustment to the 200-foot special setback adjacent to forest uses for the western property line from 200 feet to 100 feet and an adjustment from 200 feet to 100 feet for the southern property line. The reason for the request is accommodate a dwelling, which must comply with special setbacks from properties in forest uses. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: Permit(s) are required to be obtained prior to the development of structure(s) and/or utilities installation on private property. If the proposed home site is adjacent to any ascending or descending slopes exceeding a 1:3 ratio, then a geotechnical analysis of the slopes, soils, and proposed home site may be required in order to meet the provisions of 2023 ORSC Section R403.1.9. Public Works Land Development, Engineering and Permits commented: ENGINEERING REQUIREMENT A. An Access Permit will be required at the time of application for building permits. B. Transportation System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits. C. Utility service extension work such as electrical power derived from within the Elkhorn Drive and/or Ruth Street public right-of-Ways requires permitting through PW Engineering.