ADJ26-006 Staff Decision - Laserfiche WebLink

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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 deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) 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. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on August 10th, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on August 11th, 2026, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Farm Timber in the Marion County Comprehensive Plan and zoned FT (Farm/Timber). The purpose of the Farm/Timber zone is to maintain properties for farm and timber use. Dwellings may be approved subject to the criteria in the zone. 2. The subject lot is located north of Powers Creek Loop NE, approximately ¼ mile west of the intersection with Timber Trail Rd NE. The property is undeveloped and covered in old growth timber. Powers Creek runs along the eastern border of the parcel. The parcel was initially approved for a template test dwelling in 2001 (AR01-058), but the approval expired before being implemented. New property owners re-applied in 2021 (AR21-003) which is allowing them to construct the proposed dwelling. Most recently, the property was the subject of a property line adjustment with the neighboring parcel to the west (PLA21-038). Therefore, the subject parcel is considered legal for land use purposes. 3. Surrounding parcels in all directions are zoned FT (Farm Timber). The vast majority of these parcels are midsized residential acreage homesites covered in timber. 4. The applicants are requesting an adjustment to the 200-foot special setback adjacent to forest uses for the western property line from 200 feet to 85 feet. The reason for the request is accommodate a dwelling, which must comply with special setbacks from properties in forest uses. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “Permit(s) are required to be obtained prior to the development of structures, placement of a manufactured home, and/or utilities installation on private property. The slope on the property may impact the design or location of the home, depending on the location of the proposed home in relation to the slope. Discussion with a building plans examiner is recommended prior to submitting application for permits.” Marion County Septic commented: “A 10ft setback from foundations to the drainfield and a 5ft setback from foundations to all other parts of the septic system must be met.” Public Works Land Development, Engineering and Permits commented: ENGINEERING REQUIREMENT A. Transportation System Development Charges (SDCs) and Parks fee are assessed at the time of application for building permits. B. Utility service extensions derived from within the public right-of-way require permitting through PW Engineering. The Marion County Tax Accessor provided information about future tax liabilities and payments.