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AR25-011 Staff Decision
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AR25-011 Staff Decision
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Last modified
6/18/2025 8:56:19 AM
Creation date
6/18/2025 8:56:37 AM
Metadata
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Template:
Land Use
Case_Number
25-011
Document_Date
6/18/2025
Land Use Type
Administrative Review
Tax_Lot_Number
083W28DB01500
Document_Type
Decision
Site_Address
7680 LIBERTY RD S
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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 <br />elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and <br />address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or <br />use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed <br />at the end of this report. <br /> <br />NOTICE OF DECISION <br />ADMINISTRATIVE REVIEW CASE NO. 25-011 <br /> <br />APPLICATION: Application of James Major for an administrative review to determine the number of legal lots on a <br />total of 1.22-acres in an AR (Acreage Residential) zone located at 7680 Liberty Rd S, Salem (T8S; R3W; Section 28DB; <br />Tax lot 1500). <br /> <br />DECISION: The Planning Director for Marion County has determined that tax lot 1500 represents three legal parcels. <br />The most easterly parcel is comprised of approximately 0.50-acres, the middle parcel is comprised of approximately 0.34- <br />acres, and the most westerly parcel is comprised of 0.45-acres. It is further determined that the property lines on tax lot <br />1500 of Section 28DB have not been vacated. <br /> <br />WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield <br />replacement areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate <br />the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. <br /> <br />This decision does not include approval of a building permit. <br /> <br />PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed <br />on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, <br />State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other <br />permits or satisfying restrictions or conditions thereon. It is recommended that the agencies mentioned in the Findings <br />and Conclusions section, #6, be contacted to identify restrictions or necessary permits. <br /> <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 appeal <br />the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a <br />$200.00 fee) on the basis of new information subject to signing an extension of the 150-day time limit for review of <br />zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form <br />available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, <br />Salem by 5:00 p.m. on July 3rd, 2025. If you have questions about this decision, contact the Planning Division at (503) <br />588-5038 or at the office. This decision is effective July 4th, 2025, unless appealed. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />1. The subject properties are designated Rural Residential in the Marion County Comprehensive Plan and are <br />correspondingly zoned AR (Acreage Residential). The primary intent of the Rural Residential designation and AR <br />zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality <br />of rural residential areas. <br /> <br />2. The subject property is located east of Liberty Road S, approximately 800 feet south of where Liberty Rd S <br />intersects with Hylo Rd SE. The property contains one dwelling and one accessory structure. The greater area is <br />gently sloped and is within the Sensitive Groundwater Overlay Zone. <br /> <br />3. Surrounding properties are all zoned AR and contain homesites. Adjacent properties to the north and south are <br />nonconforming, as they are below the 2-acre minimum parcel size. <br /> <br />4. Soil Survey of Marion County, Oregon indicates that the subject parcel consists of 97.1% high-value soils. <br /> <br />5. The applicant is requesting a review to determine the lot legality of current day tax lot 1500 to obtain a major <br />repair septic permit through Marion County Building Inspection. The question of lot legality appeared as the tax <br />map shows historical lot lines separating tax lot 1500 into three separate lots.
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