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On May 16, 2024, on behalf of Mary Judy Upright, Carrie Richter submitted additional written arguments. On May 23, 2024, on behalf of the Applicant, Michael Paluska submitted final written arguments. IV. Executive Summary The Applicant seeks a conditional use permit to place a non -farm dwelling on a 5.97-acre parcel in the SA (Special Agriculture) zone located in the 3300 block of Little Haven Lane S, Salem (T8S; R3W; Section 713; Tax lot 800). The subject property has remained under the ownership of the same family for nearly 50 years, and the proposed dwelling would remain in the family. Although the Applicant satisfies the criteria to allow the establishment of a non -farm dwelling on the subject property, extending the use of Little Haven Lane for use by five homes exceeds the threshold permitted by MCC 17.1 10.800. Without a variance, the Application is DENIED. V. Findings of Fact The Hearings Officer, after careful consideration of the testimony and evidence in the record, issues the following findings of fact: l . 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 commercial agricultural operations while also providing the opportunity for timber production and other uses that are compatible with agricultural activities. 2. The subject parcel consists of 5.97-acres of naturally forested hillside in the rural unincorporated area of south Salem. The forested area appears to consist of a mix of evergreen and deciduous trees. The slopes on this parcel are significant, and the geohazard overlay shows particularly steep slopes wrapping around the west, east, and south sides of the parcel. A south -pointing triangular section of the parcel based across the northern property line consists of relatively mild 2-point geoliazard. The parcel is also within one of Marion County's SGO (Sensitive Ground Water) overlays indicating groundwater supply may be a concern now or in the future. The access to the subject parcel is via an undeveloped easement that utilizes tax lots 2000, 2301, and 2300. Tax lot 2300 was partitioned twice, once in 2005 and again in 2008. Both new parcels had homes developed clustered together at the end of Little Haven Ln S. Tax lot 2000 was the subject of a measure 37/49 decision that has not been exercised, allowing that parcel to create two additional parcels and develop each with a dwelling. The subject parcel was created in its current formation by partition in the fall of 1978 which legitimized the sale of this parcel and the description thereof which is included in the deed recorded in January 1978 on Reel I I I Page 1041 of the Marion County Book of Land Records and is therefore legal for land use purposes. The Major Partition case (MJP78-078) divided a 10-acre parcel in the RA (Residential Agricultural) zone (a zone no longer existing in Marion County Code) into three parcels of approximately 2-acres, 2-acres, and 6-acres. At the time of the partition the land was jointly owned, and the partition was to accomplish division of this ownership. The subject parcel at this time was separated as described by the deed referenced above and came solely under the ownership of the Blackman family. The other two parcels created by this partition are accessed off of Inland Dr S. CU 24-006 — ORDER Joy M. Blackman Revocable Living "Trust Page 2