CU25-016 Staff Decision - Laserfiche WebLink

Home Browse Search

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 CASE NO. 25-016 APPLICATION: Application of New Cingular Wireless PCS, LLC on behalf of Russel, Lori, and Linda Leach for a conditional use permit to establish a transmission tower on a 2.44-acre parcel in a CR (Commercial Retail) zone located at 4764 Portland Road NE, Salem (T7S; R2W; Section 6BC; Tax lot 7500). DECISION: The Zoning Administrator for Marion County has APPROVED the above-described Conditional Use and Adjustment application subject to certain conditions. EXPIRATION DATE: This conditional use permit is valid only when exercised by May 14th, 2027. 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 use is for land use purposes only. Due to septic, well, and drain field replacement areas, this parcel may not be able to support the proposal. To ensure the subject property can accommodate the proposal the applicant should contact 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. The applicant shall obtain approval for any permits required by the Marion County Building Inspection Division. 2. Any expansion of the transmission pole height shall require the approval of a new conditional use permit. 3. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval by the Planning Director. ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 4. Failure to continuously comply with the conditions of approval may result in this approval being revoked. OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or another 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 other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 under Findings and Conclusions below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 5. The applicants should contact the Marion County No. 1 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. 6. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #5 below, that may be required. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Zoning Administrator. If there is any doubt that the application conforms with adopted land use policies and regulations the Zoning Administrator must condition or deny the application. Anyone who disagrees with the decision