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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 November 1st, 2024. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 4th, 2024, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farming Use). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The subject property is located in the 8400-block of Mt. Angle Hwy NE, less than a mile south of Silverton. The parcel is 29.68-acres and contains approximately 11-acres in strawberry production, and a 10-acre section of Hazelnut orchard that stretches across a contiguous property to the south under different ownership. The strawberry field and orchard are separated by a band of grass field 60 to 80 feet wide. The parcel also contains a canal and related pond of approximately 0.75-acres. Subject Tax lot 100 was described in its current configuration by deed in 1975 (Reel 9, Page 1697) and is therefore considered legal for land use purposes. 3. All adjacent parcels are in agricultural use for grass seed, orchards, and row crops. Many of the nearby farms also include dwellings. 4. The applicants are proposing to place a primary farm dwelling on the subject property. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection commented: No Building Inspection concerns. Permits are required to be obtained prior to any development and/or utilities installation on private property. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. Chapter 17.136.030(A) of the Marion County Code (MCC) allows for the construction of a single-family dwelling in conjunction with farm use with filing of the Declaratory Statement(s) in MCC 17.136.100(C). The dwelling will be considered customarily provided in conjunction with farm use when the following criteria are met. (a). It is located on high-value farmland as defined in MCC 17.136.140(D) and satisfies the following standards: The subject parcel (Tax lot 100) is made up of 84.9% high value soils. The criteria under 17.136.030(A)(1) are therefore the correct criteria to apply. 1. There is no dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use; The is no dwelling on the subject parcel, and it is the sole farm parcel under the same ownership. The criterion is met. 2. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $80,000 in gross annual income from the sale of farm products, not including marijuana. In determining gross annual income from the sale of farm