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CU25-032 Staff Decision
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CU25-032 Staff Decision
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Last modified
8/22/2025 10:12:12 AM
Creation date
8/22/2025 10:12:23 AM
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Land Use
Case_Number
25-032
Document_Date
8/22/2025
Land Use Type
Conditional Use
Tax_Lot_Number
082W13C005700
Document_Type
Decision
Site_Address
5987 SHAW CENTER PL SE
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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 />CONDITIONAL USE CASE NO. 25-032 <br /> <br />APPLICATION: Application of Katherine Barkshaw for a conditional use permit to change the occupant of a temporary <br />medical hardship dwelling on a 3.0-acre parcel in an AR-3 (Acreage Residential) zone located at 5987 Shaw Center Place <br />Aumsville, Salem (T8S; R2W; Section 13C; Tax lot 5700). <br /> <br />DECISION: The Planning Director for Marion County has APPROVED the above-described Conditional Use applica- <br />tion subject to conditions. <br /> <br />EXPIRATION DATE: This conditional use permit is valid only when exercised by September 9th, 2027. The effective <br />period may be extended for an additional year subject to approval of an extension (form available from the Planning <br />Division). Additional extensions may not be granted if the regulations under which this decision was granted have <br />changed since the original approval. <br /> <br />RENEWAL: This permit may be renewed for successive one-year periods if the applicant submits to the Planning <br />Division, on an annual basis, a new Physician's Certificate which indicates that the hardship situation continues. <br />The Planning Division will mail renewal forms to the property owner approximately two months prior to permit <br />expiration. <br /> <br />CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: <br /> <br />1. All conditions of approval listed in CU20-029 shall remain in effect. <br /> <br />2. The applicants are advised that this permit is granted for a period of one year and must be renewed for succes- <br />sive one year periods upon submittal of a Physician's Certificate verifying that the hardship conditions continue <br />to exist. In addition, every five years the Marion County Building Inspection Division requires a septic evaluation <br />for shared septic systems prior to renewal of hardship conditional uses. <br /> <br />3. The applicant is advised that the Manufactured Dwelling/RV Disconnect Agreement, which specifies that <br />placement of the manufactured dwelling or RV is temporary and that it will be removed/disconnected after the <br />hardship ceases, as required in CU20-029 remains in effect. <br /> <br />4. The applicant is advised that a septic authorization and field visit are required to continue to use the existing <br />dwelling as a Conditional Use Medical Hardship dwelling. <br /> <br />OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br /> The applicants should contact the Aumsville Fire District to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />Fire District access standards may be more restrictive than County standards. <br /> <br /> The applicants should contact Marion County Septic (503-566-4118) for additional septic authorizations as listed <br />in Finding #6 below, that may be required. <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 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 Rd. NE, Salem, by 5:00 p.m. on September 9th, 2025. If you have
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