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STAFF DECISION (736)
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STAFF DECISION (736)
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Last modified
6/21/2017 11:54:35 AM
Creation date
1/23/2018 3:48:30 AM
Metadata
Fields
Template:
Land Use
Case_Number
13-005
Document_Date
2/26/2013
Land Use Type
Property Line Adjustment
Tax_Lot_Number
072W07DC00500
Document_Type
Decision
Site_Address
3725 45TH AV NE
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Prior to recording the deeds all taxes due must be paid to the Marion County Assessor's Office Tax Section <br />(contact them at (503) 588-5215 for verification of payments). <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 condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />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. 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 />Marion County Planning Division, 5155 Silverton Road NE, Salem, by 4:00 p.m. on MARCH 13,2013 '. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />MARCH 14, 2013 unless further consideration is requested. <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br />1. The subject properties are designated Multi -Family Residential in the City of Salem Comprehensive Plan and <br />correspondingly zoned UD (URBAN DEVELOPMENT) under the jurisdiction of Marion County. The primary <br />intent of both this designation and zone is to provide for urban development consistent with the Multi -Family <br />Residential designation where urban services are, or can be made, available. <br />2. The properties are located on the southwest side of Blueberry Ln NE at its intersection with 45th Av NE. Tax lot <br />500 contains an existing dwelling and accessory structures. Tax lot 501 is currently vacant. A review of land use <br />cases for both properties indicates that they were both created in their present configuration through Partition <br />Case 10-003 (P10-003). Therefore, both are recognized as legal separate parcels for land use purposes. <br />Surrounding uses include single and multi -family residential uses to the north, east and south and Chemeketa <br />Community College to the west. <br />4. The applicants are proposing to adjust the property lines on a 0.50 acre parcel and a 0.426 acre to create a 0.347 <br />acre parcel and a 0.58 acre parcel. <br />Marion County Surveyors Office commented "Property line adjustments within a recorded subdivision or <br />partition plat requires a replat, in the form of a partition plat". Current or updated title report, survey checking <br />fee, second mylar fee, and recording fee required. Must be surveyed and replatted per ORS 92.050, and the plat <br />submitted for review. <br />Marion County Assessor's Office provided information regarding taxes on the subject properties. <br />6. The criteria for reviewing property line adjustments within a UD zone are listed in Chapter 16.15.300 of the <br />Marion County Code. These criteria are as follows: <br />(a) Existing lots with dwellings may be separated from the remaining property provided: <br />(1) The location of lot lines shall not significantly reduce feasible options for the future location of <br />urban roads or services, or preclude basic development options on the property or adjacent <br />properties. If the applicable comprehensive plan designates the property for single family <br />residential uses a development plan may be required which demonstrates that the proposed <br />division will not preclude future subdivisions achieving the median density proposed in the <br />Comprehensive Plan. <br />
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