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CU25-010 Staff Decision
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CU25-010 Staff Decision
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Last modified
3/3/2025 2:02:35 PM
Creation date
3/3/2025 3:17:42 PM
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Land Use
Case_Number
25-010
Document_Date
3/3/2025
Land Use Type
Conditional Use
Tax_Lot_Number
082W13B000400
Document_Type
Decision
Site_Address
5028 DUMORE DR SE
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9. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any <br />revocation could be appealed to a county hearings officer for a public hearing. <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 # <br />under Findings and Conclusions be contacted to identify restrictions or necessary permits. The applicant is advised of the <br />following: <br /> <br />10. 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 />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 County hearings officer after a public hearing. The applicant may also request <br />reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the <br />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. 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 />Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on March 18th, 2025. If you have questions about this <br />decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective March 19th, 2025 <br />unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated rural residential in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding AR (Acreage Residential) zone is to meet the housing needs of <br />a segment of the population desiring the advantages of a rural homesite. <br /> <br />2. The property is located at the corner of Dumore Dr SE and Edcliff Ct SE. The property has several accessory <br />structures related to the golden retriever breeding and training kennel that was approved as a conditional use in <br />2018 by CU18-045. The dwelling on this property was destroyed by fire in 2023. There are currently two RVs on <br />the parcel. One inhabited by the property owner, who is in the process of applying for building permits to rebuild <br />the dwelling. The other is inhabited by the proposed hardship inhabitant. <br /> <br />3. Surrounding uses directly adjacent to the subject parcel are all rural residential. The subject parcel sits roughly in <br />the middle of a strip of exception lands on either side of Dumore Dr SE that zoned AR. On the other side of rural <br />residential properties are large parcels in farm use zoned EFU (Exclusive Farm Use). <br /> <br />4. The applicant is proposing to establish a medical hardship dwelling using a recreational vehicle. <br /> <br />5. A signed Primary Care Provider Certificate has been submitted for John Hohnstein indicating he has medical <br />conditions that preclude him from maintaining a complete separate and detached dwelling apart from his family. <br /> <br />6. Various agencies were contacted with requests for comments. <br /> <br />Marion County Building Inspection commented: No Building Inspection concerns. RV type structures are not <br />regulated by the state building code, however, if a manufactured home is proposed to be placed, then a placement <br />permit is required to be obtained prior to the placement of the home. <br />
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