CU26-019 Staff Decision - Laserfiche WebLink

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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 any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 8. The applicants should contact the Sublimity Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. Contact Alan Hume, Fire Chief: 503-769-3282 or by email at ahume@sublimityfire.com. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (the form is available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on June 29th, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 30th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential in the Marion County Comprehensive Plan and is zoned Acreage Residential (AR). The intent of the AR zone is that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. The purpose of the AR designation and the corresponding Rural Residential zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. 2. The subject property Tax Account 558560 (Parcel 081W28C002601) is located at the terminus of Vicki Lane SE, approximately 600 feet west of the intersection of Viki Ln SE and Barbara Lane SE. The parcel contains a 1996 dwelling and at least one accessory structure. The parcel was created in 1994 by partition case P94-007. The parcel has remained in the present configuration since it was platted in Partition Plat PP1995-012. Therefore, the parcel is considered legal for land use purposes. 3. Surrounding land use pattern is similarly in the Acreage Residential (AR) zone and consists of small acreage homesites and some slightly larger homesites. Further to the east the zoning changes to Exclusive Farm Use (EFU) while to the south are the urban growth boundaries for the city of Stayton and Sublimity. 4. A signed Primary Care Provider Certificate has been submitted for Bruce Moore indicating he has medical conditions that preclude him from residing on a separate property from his caregiver. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: Condition of Approval: An authorization with a field visit is required. Notes: The existing septic system was installed in 1995 under permit 95-13888. An authorization with field visit is required prior to connection to the existing septic system. The first distribution box must be uncovered by the applicant at the time of authorization. Hardship authorizations are valid for up to 5 years, not exceeding the cessation of the hardship. If after 5 years the hardship is still needed, a new authorization will be required. Marion County Building Inspection commented: No Building Inspection concerns with conditional use application. Permit(s) are required to be obtained prior to the placement of a manufactured home and/or utilities installation on private property.