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CU25-034 Staff Decision
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CU25-034 Staff Decision
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Last modified
9/9/2025 8:44:52 AM
Creation date
9/9/2025 8:45:15 AM
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Land Use
Case_Number
25-034
Document_Date
9/9/2025
Land Use Type
Conditional Use
Tax_Lot_Number
061E36B000100
Document_Type
Decision
Site_Address
21268 HAZELNUT RIDGE RD NE
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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. <br />State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the <br />property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your <br />property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at th e end of <br />this report. <br /> <br />NOTICE OF DECISION <br />CONDITIONAL USE CASE NO. 25-034 <br /> <br />APPLICATION: Application of James and Amy Terhaar for a conditional use permit to convert an existing structure into <br />a temporary medical hardship dwelling on an 18-acre parcel in an FT (Farm/Timber) zone located at 21268 Hazelnut Ridge <br />Road NE, Scotts Mills (T6S; R1E; Section 36B; Tax lot 100). <br /> <br />DECISION: The Planning Director for Marion County has APPROVED the above-described Conditional Use application <br />subject to certain conditions. <br /> <br />EXPIRATION DATE: This conditional use permit is valid only when exercised by September 24th, 2026. 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 Primary Care Provider Certificate which indicates that the hardship situation <br />continues. The Planning Division will mail renewal forms to the property owner approximately two months prior to <br />permit expiration. <br /> <br />CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: <br /> <br />1. The applicant shall obtain approval for all required permits from the Marion County Building Inspection Division. <br /> <br />2. The applicant shall obtain all septic permits or authorizations as required by the Marion County Septic Department. <br /> <br />3. The applicants are advised that this permit is granted for a period of one year and must be renewed for succes sive one <br />year periods upon submittal of a Primary Care Provider Certificate verifying that the hardship conditions continue. In <br />addition, for shared septic systems every five years the Marion County Building Inspection Division requires a septic <br />evaluation prior to renewal of hardship conditional uses. <br /> <br />4. The applicants are advised that a Conversion Dwelling Removal Hardship Agreement that specifies that the use of the <br />converted dwellings is temporary and that it will be removed/disconnected after the hardship ceases will be required as <br />a condition of approval. <br /> <br />5. The address for the Conditional Use Medical Hardship dwelling shall be: 21271 Hazelnut Ridge RD NE Scotts Mills, <br />OR, 97375. <br /> <br />6. The address of the replacement dwelling shall be changed to: 21269 Hazelnut Ridge RD NE Scotts Mills, OR, <br />97375. <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 other <br />local, 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 Finding #6 below <br />be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />7. The applicants should contact the Silverton Fire Department to obtain a copy of the Silver Falls Fire District’s <br />Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications <br />Guide. Fire District access standards may be more restrictive than County standards. <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 regulations
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