AR25-004 Staff Decision - Laserfiche WebLink

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the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a 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 May 1st, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 2nd, 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 correspondingly zoned EFU (Exclusive Farming Use). The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. These areas are generally well suited for large-scale farming. The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. 2. The subject property is located approximately two miles east of the city of St. Paul along St. Paul Highway NE and another 1,200 feet south of the highway. The nearest intersection is at the corner of Highway 219 (French Prairie RD NE) and the St. Paul Highway NE. The parcel is a triangular shaped 3.52-acres and appears to be completely utilized for agricultural purposes. Tax accessor data does not indicate that there are any structures nor dwellings on the property. The subject 3.52-acre parcel is comprised of two tax lots: TL800 and TL900. TL900 (tax account 512139) was created by Lot Line Adjustment 87-032 (Case LLA87-032) as a 2.02-acre parcel and has remained in its current configuration since. Lot Line Adjustment 87-033 (Case LLA87-033) was intended to combine parcel 1000 and parcel 900 but was never implemented. Planning staff concludes that parcel 900 is separate lot consisting of 2.02 acres and is legal for land use purposes. The property referred to as tax account 512138 or parcel 042W210000800, referred to here as TL800, is described by a 1983 deed (Reel 306, Page 1314) as parcel of land that is comprised of both TL800 and TL900, an area of approximately 3.5 acres. According to Marion County Tax Accessor data, TL800 is 1.5 acres and TL900 is 2.02 acres. Planning staff were not able to locate deeds prior to 1977 that describe the land in its current configuration. The Planning Director made the determination that TL800 and TL900 are legal for land use purposes; but as a condition of approval for the Primary Farm Dwelling, the applicants shall record a new perimeter description deed before building permits are issued. 3. All adjacent parcels are in agricultural use. There are a few nearby farms that also include dwellings. 4. The applicants are proposing to place a primary farm dwelling on the subject property located on the portion described as parcel 800 (tax account 512138). 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection commented: Permit(s) are required to be obtained prior to development of a dwelling and/or utilities installation on private property. No concerns with proposed home location. Marion County Septic commented: A Site Evaluation is required to determine minimum requirements of a system. Following an approved site evaluation, a construction installation permit is required to install the onsite wastewater system.