Staff Decision (4580) - Laserfiche WebLink

Home Browse Search

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 regula- tions 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 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 further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Forest and Farm/Timber in the Marion County Comprehensive Plan and correspondingly zoned TC (Timber Conservation) and FT (Farm/Timber). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations and conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. 2. The properties are located on the northern side of Powers Creek Loop NE in the 17700 block approximately 4 miles east of Silverton. These parcels are used in conjunction for agricultural production. Tax lots 100 & 400 of Section 10C comprise a single 27.75-acre parcel that contains a dwelling and land in Christmas tree and nursery stock production. Tax lot 100 is bordered on the eastern side by Martin Ln NE, a private lane. Tax lots 100 & 400 together comprise a parcel that was created by property line adjustment in 1987 (LLA87-010) and approved for a primary farm dwelling in 1999 by AR99-007. The resulting farm dwelling was built in 2001. Having been created in a land use case, this parcel is legal for land use purposes. Tax lot 500 of Section 10 is 20.38-acres and contains a 1973 dwelling, and three accessory shop structures. The land around the homesite on tax lot 500 is in nursery stock production. The parcel is described in its current configuration in deeds from 1971. Having existed in the same configuring since being created by deed prior to September 1st, 1977, this parcel is legal for land use purposes. 3. Adjacent properties are all zoned either TC or FT and are in various stages of farm and forest use. 4. Soil Survey for Marion County, Oregon, indicates approximately 76.2% of the soils on tax lot 500, 79.9% on of the soils on tax lot 100, and 0% of the soils on tax lot 400 are classified as high value. 5. The applicants are proposing to adjust the property lines on a 27.75-acre parcel a 20.38-acre to create a 44.73-acre parcel a 3.40-acre parcel. 6. Various agencies were contacted with requests for comment. Marion County Surveyor’s Office commented: 1. No survey required on the resultant property that is greater than ten acres. 2. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office per ORS92.190(4). 3. Survey checking fee required at the time of review. 4. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4).