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ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 7. 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 findings below be contacted to identify restrictions or necessary permits. 8. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 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 to 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 Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on July 16, 2020. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective July 17, 2020 unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use. The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located east of Seminole Road. The larger property identified as tax lot 1202 is undeveloped with an accessory structure and described in deeds going at least as far back as July 19, 1976 and was subject of Measure 49 Final Order E130893 and is considered a legal lot for land use purposes and is considered a legal lot for land use purposes. The smaller property contains no structures and has been described in deeds dated back to July 31, 1980. 3. Adjacent properties to the north are developed with single family homes, which include wells and septic. The parcels to the south and west are undeveloped farm/forest properties. 4. Soil Survey for Marion County, Oregon, indicates approximately 81.4% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 1.51 acre parcel and a 3.73 acre parcel to create a 2.12 acre parcel and a 3.12 acre parcel. 6. Marion County Surveyor's Office commented: A re -plat (in the form of a partition plat) is required, due to the adjustment of a partition plat parcel line or subdivision lot line. A property line adjustment deed for the area being transferred shall be recorded with the Marion County Clerk's Office, prior to the recording of the re -plat. Deed recording reference numbers shall be noted on the plat. As per ORS 92.190 (4): The deed shall contain the names of the