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ADJ26-001 Staff Decision
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ADJ26-001 Staff Decision
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Last modified
2/13/2026 8:29:33 AM
Creation date
2/13/2026 8:29:50 AM
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Land Use
Case_Number
26-001
Document_Date
2/13/2026
Land Use Type
Adjustment
Tax_Lot_Number
072W07AA09602
Document_Type
Decision
Site_Address
4565 SATTER DR 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 liste d at the end of <br />this report. <br /> <br />NOTICE OF DECISION <br />ADJUSTMENT CASE NO. 26-001 <br /> <br />APPLICATION: Application of Jason and Nyssa Hicks for an Adjustment to adjust the front setback from 12-feet to 6- <br />feet on a 0.22-acre parcel in the UD (Urban Development) zone located at 4565 Satter Dr NE, Salem (T7S; R2W; Section <br />7AA; Tax lot 9602). <br /> <br />DECISION: The Planning Director for Marion County has APPOVED the above-described Adjustment, subject to certain <br />conditions. <br /> <br />EXPIRATION DATE: This decision is valid only when exercised by March 2nd, 2028, unless an extension is granted. <br />The effective period may be extended for one year subject to approval of an extension. Request for an extension must be <br />submitted to the Planning Division prior to expiration of the approval (form available from the Planning Division). <br /> <br />WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield replacement <br />areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate the proposed <br />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 />CONDITIONS: <br /> <br />1. The applicants shall obtain all permits required by the Marion County Building Inspection Division. <br /> <br />2. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are <br />permitted upon review and approval by the Planning Director. <br /> <br />3. The western (front) property line shall maintain a 6-foot setback. All other standard setbacks remain applicable. <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 any restrictions or conditions thereon. The applicant is advised of the following: <br /> <br />4. The applicants should contact the Marion County No 1 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. Fire <br />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 <br />the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a <br />Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the <br />basis of new information subject to signing an extension of the 150-day time limit for review of 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 available <br />from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 <br />p.m. on March 2nd, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or <br />at the office. This decision is effective on March 3rd, 2026, unless appealed. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />1. The subject property is located within the City of Salem’s Urban Growth Boundary (UGB). The City of Salem <br />Comprehensive Plan designates the property as Single Family Residential. Marion County correspondingly has <br />zoned the property as Urban Development (UD). The intent of this zone is to provide for urban development
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