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PLA25-001 Staff Decision
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PLA25-001 Staff Decision
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Last modified
2/19/2025 10:11:51 AM
Creation date
2/19/2025 10:12:19 AM
Metadata
Fields
Template:
Land Use
Case_Number
25-001
Document_Date
2/19/2025
Land Use Type
Property Line Adjustment
Tax_Lot_Number
042W17B000700
Document_Type
Decision
Site_Address
21002 RIVER RD NE
Additional Info
042W17B000800
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5. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at <br />(503) 588-5215 for verification of payments). <br /> <br />6. The applicants should contact the St. Paul Fire District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150-day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on March 6th, 2025. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />March 7th, 2025 unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. <br /> <br />1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned EFU (Exclusive Farm Use. The primary intent of both this designation and zone is to <br />promote and protect commercial agricultural operations. <br /> <br />2. The properties are located on the east side of River Rd NE, a half mile north of the St. Paul Urban Growth <br />Boundary. Tax lot 700 is 1.82-acres and contains a dwelling built in 2011 and residential accessory features such <br />as a half-court basketball area. Much of the parcel is landscaped and there is no agricultural activity on the parcel. <br />Tax lot 800 is 18.02-acres and consists entirely of farm field. Research into the history of the subject parcels <br />found that they were described as one parcel until at least March 10, 1970, when they were described separately <br />through Save and Except in a deed (Vol. 679 Page 587). The parcels have not changed their configuration since <br />this description and are therefore legal for land use purposes. <br /> <br />3. Adjacent properties are all zoned EFU and are mostly engaged in commercial agriculture with the exception of <br />some smaller homesite parcels staggered along River Rd NE. Notable features in the area include the city of St. <br />Paul a half-mile to the south, Mission Creek a half-mile to the east, and the Willamette River 1.3-miles to the <br />west. <br /> <br />4. Soil Survey for Marion County, Oregon, indicates approximately 100% of the soils on the subject tax lots are <br />classified as high value. <br /> <br />5. The applicants are proposing to adjust the property lines on a 1.82-acre parcel and an 18.02-acre parcel to create a <br />2.45-acre parcel and a 17.39-acre parcel. The purpose of this adjustment is to provide more area on the smaller <br />parcel for an accessory structure and residential accessory features. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Marion County Surveyor’s Office commented: <br /> <br />1) No survey required for properties greater than ten acres per ORS 92.060 (8). <br />2) Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. <br />3) Survey checking fee required at the time of review. <br />4) Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). <br />
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