V25-003 Staff Decision - Laserfiche WebLink

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on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applicat - ions. 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 April 29th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective April 30th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Primary Agriculture in the Marion County Comprehensive Plan. The purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to provide areas for the continued practice of farm use. This designation is also applied to small inclusions of tracts composed of non-high-value soils and lots of small size to avoid potential conflicts between commercial farming and wider ranges of non -farm uses. 2. The property is located at 8515 Stayton Rd SE on the north side of Stayton Rd SE, 1,100 feet down an unnamed access easement. The property contains a 1947 dwelling, several accessory structures and animal corrals, and a portion of the Marion Ditch runs along the southern property line . The property was created in its current configuration by a land purchase agreement on July 10, 1962 (Vol 561 Page 72) and has remained in its current configuration since. Therefore, it is legal for land use purposes. 3. Surrounding properties immediately adjacent on all sides are zoned EFU. Those properties to the south and east are predominantly agricultural fields while the properties to the northeast are in use as large acreage residences with comparatively small farm activity. 4. The applicant is proposing a variance to reduce the required front property line setback from 20 feet to 5 feet for an accessory structure. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. If the building is to be used for commercial purposes, additional building and life safety codes may be applicable.” Marion County Septic commented: “Current driveway and parking is over drain field. Where is area for repair drain field. A repair area is required per OAR340-07-150 (4) (c).” Stayton Fire District commented: “We need to see measurements of the gravel parking area to determine if proposed building impacts turnaround requirements. Will not approve until we see document.” All other contacted agencies either failed to comment or stated no objection to proposal . 6. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: (a) There are unnecessary, unreasonable hardships or practi cal difficulties which can be relieved only by modifying the literal requirements of the ordinance; and (b) There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves consti tute such circumstances or conditions; and (c) The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and