STAFF DECISION (3771) - Laserfiche WebLink

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ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 8. After the property line adjustment has been completed, no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any 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 #6 below be contacted to identify restrictions or necessary permits. 5. Prior to recording the plat all taxes due must be paid to the Marion County Assessor’s tax office (contact them at (503) 588-5215 for verification of payments). 9. The applicants should contact the Woodburn 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. APPEAL PROCEDURE: The Marion County Rural 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 (form available from the Planning Division) and received in the JANUARY 4, 2012 Marion County Planning Division, 5155 Silverton Road NE, Salem, by 4:00 p.m. on . If you have any questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is JANUARY 5, 2012 effective unless further consideration is requested. FINDINGS AND CONCLUSIONS : Findings and conclusions on which the decision are based are noted below. l. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan (MCCP). The major purpose of this designation and the corresponding EFU (EXCLUSIVE FARM USE) zone is to promote the continuation of commercial agricultural operations. 2. The properties are located on the north side of Runcorn Road approximately 980 feet east of its intersection with River Road and on the north side of Concomly Road approximately 1740 feet east of River Road extending north to border on Runcorn Road. Both properties contain an exiting dwelling, accessory structures, well, and septic system. In Administrative Review Case 06-59 (AR06-59), the Planning Director determined that the property identified as tax lot 100 (25 acres) contains five separate lots of five acres each that have maintained the same configuration since prior to September 1, 1977. The lots were recorded as lots 13 through 17 of Edgewood Tracts. The decision determined that the lots were created before adoption of Marion County partitioning requirements and are considered separate legal parcels. The same determination can be made for the property identified as tax lot 700, the 10.0 acre property. The property is described by deed recorded on October 10, 1973 as lots 30 and 31 of Edgewood and maintains the same legal description on the current deed. The property is considered two separate legal five acre lots for land use purposes. It appears that the applicants combined the existing lots of their ownership into one tax lot for the purpose of receiving a single tax bill. 3 Adjacent property in every direction consists of land zoned EFU and primarily in farm use. 4. Soil Conservation Service Soil Survey for Marion County lists the parcels’ soils as 100% high-value farm land soils.