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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 February 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 February 29th, 2025, 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 west side of 60th Ave NE approximately a ¼ mile north of the intersection with Ibex St. This 13.01-acre parcel contains a pasture for sheep, two farm buildings, an old garage, and a wooded area to the western side of the property. The applicants reside on the neighboring one-acre parcel. This tract of land was the subject of land use cases MJP79-098, CU91-084, and CU98-054, all of which were denied land uses. Initially, it was thought that the adjacent tax lots constituted a single legal property. However, it has been clarified that the subject tract comprises two distinct legal lots. According to the current deed description (Reel 3490 Page 127), the parcels are described as “Parcel 1” and “Parcel 2”. The description for “Parcel 1” corresponds with a deed dated October 23, 2002 (Reel 2016 Page 161) and another from December 12th, 1962. Similarly, “Parcel 2” is described in a deed from October 23rd, 2002 (Reel 2016 Page 160), and again a deed from July 29th, 1964 (Reel 589 Page 396). Given that both parcels have been separately deeded and described since 1964, it can be determined that these properties are two legal properties. The subject parcel is legal for land use purposes. 3. Surrounding properties consist of a mix of small and large EFU (Exclusive Farm Use) zoned lots, with the larger lots showing evidence of agricultural operations. Most adjacent lots contain homesites that predate land use planning. Furthermore, the West Fork of the Little Pudding River runs through the adjacent properties to the north and west. The wooded area toward the western property line is the riparian buffer to said river. 4. The Marion County Soils Analysis tool indicates that the subject parcel is 100% high value soils. 5. The applicant is proposing to replace a dwelling that previously existed on the property of 4615 60th Ave. 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 with proposal. Permit(s) are required to be obtained prior to development and/or utilities installation on private property.”