CU24-043 Staff Decision - Laserfiche WebLink

Home Browse Search

4. Prior to obtaining building permits, the applicant shall sign and submit a Farm/Forest Declaratory Statement to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 5. The applicants should contact the Woodburn Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 6. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. 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 Rd. NE, Salem, by 5:00 p.m. on January 28th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective January 29th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation of commercial agricultural and forestry operations. 2. The property is located on the east side of Union School Rd NE, roughly 500 feet north of the intersection of Union School Rd and Wilco Hwy NE (Hwy 214). The property consists of three visibly distinct sections: The southern part consists of a sparsely forested area with overgrown underbrush; the middle section is dominated by an intermittent stream and the grassy riparian area sloping down to where the stream forms; finally, the northern section is a roughly 2-acre hazelnut orchard that appears unmaintained. The only structure on the property is a 1973 machine shed according to information available from the Marion County Tax Assessor. The property has been in its current configuration since at least April 4, 1974, when it was sold to Edwin A and Adeline V. Susa in the deed found on Reel 7 Page 220 in the book of land records, Marion County, OR, and is therefore legal for land use purposes. 3. Surrounding uses include mostly farm fields engaged in commercial agriculture activities in all directions, the most prominent types of agricultural uses being grass seed and hazelnuts. To the west on the other side of Union School Rd and the abutting parcel to the south are smaller parcels (3 acres or less in size) in use as homesites, one of which (14327 Union School Rd NE) was previously owned in conjunction with the subject parcel until they were sold off in 2017. Notable nearby features are Wilco Highway to the south, the Pudding River half a mile to the west, and Butte Creek just under a mile to the east. 4. Soil Survey of Marion County Oregon indicates 91.5% of the subject property is composed of high-value farm soils, however, the applicant has provided an independent soil assessment with their application to re-classify the