V25-009 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 VARIANCE CASE NO. 25-009 APPLICATION: Application of Microplant Nurseries, Inc. for a variance to reduce the required 20-foot western property line setbacks to a 1-foot setback for accessory structures on a 2.55-acre parcel in the Exclusive Farm Use (EFU) zone located at 11888 Treco Ln NE, Gervais (T5S; R1W Section 32; Tax lot 900). DECISION: The Planning Director for Marion County has APPROVED the above-described Variance application subject to certain conditions. EXPIRATION: This Variance is valid only when exercised by August 11th, 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 proposal 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 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. The applicant shall obtain all permits required by the Marion County Building Inspection Division. 2. 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. 3. The proposed structures shall maintain a 1-foot setback from the west property line. This decision only applies to the structures specifically applied for in this case. 4. The variance to the north and east property lines granted by V25-006 is still valid and applies in conjunction to the varied setbacks approved in this decision. 5. All runoff generated by the proposed structures shall be directed away from the neighboring parcels. 6. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to the county hearings officer for a public hearing. 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 other permits or satisfying restrictions or conditions. It is recommended that agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 7. The applicant should contact the Mt. Angel Fire District and obtain a copy of the District’s Recommended Building Access and Identification Guidelines. For personal and property safety it is recommended that the applicant follow these guidelines. Fire District access standards may be more restrictive than County Standards. APPEAL PROCEDURE: The Marion County Zone Code provides that Variance applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions 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 fee of $200.00)