Staff Decision AR24-027 - Laserfiche WebLink

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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 the 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 December 2nd, 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 3rd, 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 zoned EFU (Exclusive Farm Use). The intent of both designation and zone is to promote and protect commercial agricultural operations. 2. The subject parcel is located on the east side of Butteville RD NE about 500 feet south of the intersection with St. Paul Highway. The parcel contains a 1901 single family dwelling as well as several accessory structures, a well, and a septic system. The subject property is described in a 2006 Measure 37 case (M06-295), and a 2016 Property Line Adjustment case (PLA16-021). The parcel was described by deed (Reel 64, page 1193) recorded on December 3, 1976, and considered a legally created parcel for land use purposes. 3. Surrounding uses consist of EFU (Exclusive Farm Use) zoned lots showing evidence of large-scale agriculture and some small acreage residential mainly concentrated along Wiseacre LN NE and Broadacres RD NE. Immediately to the west is a large agri-business and the Portland & Western Railroad rail line. 4. The Marion County Soils Analysis tool indicates that the subject parcel is 100% high value soils. 5. The applicant is proposing to demolish an existing dilapidated dwelling that and reserve the right to replace the dwelling at a later date. 6. Several agencies were contacted about the proposal and given the opportunity to comment. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Engineering Requirements: A. At the time of application for building permits an Access Permit will be required. Direct access from Butteville Road is to be derived via a tentative shared access easement across the subject property being created by partition case #24-004, with the name Fisherman Lane NE. No direct separate secondary vehicular access point to Butteville Road will be allowed. 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. Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to structures development and/or utilities installation on private property.” Marion County Septic commented: “Marion County does not have history/records of the existing septic system. An authorization is required to connect the existing septic system for the replacement dwelling.”