PLA25-005 Staff Decision - Laserfiche WebLink

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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 (503) 588-5215 for verification of payments). 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 Road NE, Salem, by 5:00 p.m. on March 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 March 31st, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The subject properties are located directly northwest of the intersection of Silverton Road and 60th Ave. Tax lot 100 has access from Silverton Road, while tax lot 400 has access from 60th Ave, though it is addressed to Silverton Road. Tax lot 100 includes farmland and a solar farm approved under land use case CU17-030. Tax lot 400 features a homesite and a temporary hardship dwelling approved through CU22-039. Due to inconsistencies between the submitted deed and the tax lot configuration, research was done to verify the legality of the lots. The submitted deed indicates the existence of a third 2.41-acre parcel in the western portion of tax lot 100, which was also the subject of land use case PLA10-026. This parcel has been continuously described since its creation in 1967 (Volume 634, Page 476). For these reasons, the lot is still considered a legal separate parcel for land use purposes. This discovery will have no effect on this property line adjustment, as this case pertains solely to the eastern 30.59-acre parcel of tax lot 100 and tax lot 400. Both parcels were the subject of property line adjustment case PLA10-026, which was approved but never finalized. The subject parcels are legal for land use purposes. 3. All surrounding properties are zoned EFU with some containing homesites and farming operations. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% of the soils on the subject parcels are classified as high value. 5. The applicants are proposing to adjust the property lines on a 30.59-acre parcel and a 0.5-acre parcel to create a 2- acre parcel and a 29.09-acre parcel. The resulting configuration will place the septic system for 5993 Silverton Road on the same property as the home it serves. This will also place the well and existing agricultural structures on the larger farm property. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyors Office commented: - No survey required for properties greater than ten acres per ORS 92.060 (8). - Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. - Survey checking fee required at the time of review. - Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4).