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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 $200.00 fee) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applicat- ions. 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 9th, 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 10th, 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 property is located on the east side of a small section of 82nd Ave NE where it connects Stratford DR NE and Roanoke DR NE. The parcel contains two farm fields that are separated by a small grass and woodlot area where the structures are located. In the 2023 aerial imagery, there are three visible structures on the parcel, one of which is the subject of this replacement residence case, though none are currently assessed as dwellings by the Marion County Tax Assessor. The parcel has been described in its current configuration since at least June 29th, 1957 when it was described in a deed found on Volume 502 Page 110 and is legal for land use purposes. 3. Surrounding uses consist of properties engaged in commercial agriculture operations or acreage homesites. One exception is a metal fabrication and farm equipment repair business as a commercial in conjunction with agriculture roughly 1000 feet to the west, although this business is relocating part or all its operations to a new location as a result of another land use case application. 4. Soil Survey of Marion County Oregon indicates that 93.3% of the soils on the subject property are high-value for farming. 5. The applicants are proposing to replace a dwelling that currently exists on the property with a new dwelling. 6. Various agencies were contacted about the proposal and given an 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. The driveway approach will need to be graveled. B. Transportation System Development Charges (TSDCs) and Parks fee will be assessed at the time of application for building permits. C. Any new utility service extensions such as electric power originating from within the public right-of-way to the property require permits from MCPW Engineering. Marion County Building Inspection: No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. Marion County Septic commented: “Marion County does not have records of the existing septic system. If continued use of the system connected to the existing dwelling is desired, an authorization will be required. If a new system is proposed/required, test pits will be required under a major alteration/major repair permit.”