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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 deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $250.00 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 29th, 2024. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective, December 2nd, 2024, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to promote and protect small farm operations or areas with a mixture of good and poor farm soils. 2. The subject property is located just outside the City of Turner’s southeastern urban growth boundary, approximately 330 feet east of the intersection of Witzel Road SE and Marion Road SE. The property is set back approximately 150 feet north of Marion Rd SE and is accessed by an easement over tax lot 2600. This easement serves at least two other adjacent lots. Current aerial imagery suggests that the subject property is actively accessed using this easement. The property contains an old dwelling that is in disrepair and a barn. The subject parcel is described in its present configuration in a February 19, 1959 deed (Volume 519, Page 733), and a November 20, 1959 deed (Volume 528, Page 887) and a subsequent November 21, 2013 deed (Reel 3562, Page 400) which also describes a parcel of land as a non-exclusive 20-foot easement on the easternly line. The lot is therefore considered legal for land use purposes. 3. Surrounding land uses consist mainly of small acreage residential properties with single family dwellings and related accessory buildings. To the immediate south of the subject property, one lot is currently operating as a religious organization. Across Marion Rd SE the uses are small acreage residential homesites in the SA zone and to the west is the City of Turner where the land is being utilized as single family residential and religious institution use. To the north and the east of the subject property the uses become increasing larger residential uses and evidence of farming and forestry related uses 4. The Soil Survey of Marion County Oregon tool indicates that approximately 100% of the subject property soils are high value soils. 5. The applicants are proposing to construct a replacement dwelling to replace the dilapidated dwelling and place the new dwelling outside the identified 100-year floodplain. 6. Various agencies were contacted about the proposal and given an opportunity to comment. All contacted agencies either failed to comment or stated no objection to the proposal. Marion County Public Works Land Development, Engineering and Permits (LDEP) commented: ENGINEERING REQUIREMENTS A. At the time of application for building permits an Access Permit will be required to document the legal access location in PW Engineering access records. B. Transportation System Development Charges (TSDCs) and Parks fee will be assessed at the time of application for building permits. C. Utility service extensions such as electric power originating from within the public right-of-way require permits from MCPW Engineering.