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Marion County denies appeal of partition/variance approval for Happy Valley Way property; hearings officer decision stands
Summary
The Board of Commissioners on Oct. 29 denied an appeal and affirmed the hearings officer’s approval of partition/variance case 25‑013 (Francisco Villalobos), which allows subdivision of an eight‑acre site into parcels with a variance permitting six dwellings to use a private access easement normally limited to four.
The Marion County Board of Commissioners denied an appeal on Oct. 29 and affirmed a hearings officer’s decision approving partition/variance case 25‑013 for property on Happy Valley Way Southeast (applicant Francisco Villalobos).
Planning staff told the board the original application proposed dividing an eight‑acre parcel into smaller parcels and sought a variance to allow six dwellings accessed from a private access easement where county code typically limits such easements to four dwellings. Staff said the parcel was legal for development, that the fire department and traffic engineers identified no safety issues and that hearings‑office and prior precedent supported the variance; records show similar variances have been approved historically.
The appellant argued the hearings officer lacked authority to grant such a variance, but planning staff recommended denial of the appeal because the appellant submitted no new evidence and did not ask the board for a code interpretation or policy change. The board voted to deny the appeal and maintain the hearings officer’s approval.
The hearings‑officer approval allows partitioning and the accompanying variance subject to the conditions included in the record; staff will follow up to enforce predevelopment requirements before building permits are issued.
