AR25-003 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 $200.00 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 7th, 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 8th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject tract is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned Exclusive Farm Use (EFU). 2. The subject tract is comprised of eight tax lots located south of Nusom Rd NE and east of Scism Rd NE. The two eastern properties are bordered by Torvend Rd NE and the Pudding River. The entire tract is in farm use and consists of flat, open fields. There are two other homes on the tract, each lived in by the applicant and family members who operate the farm. The tax lot the proposed dwelling will be located consists of 31.00 acres and contains farm buildings. The entire eastern portion of the property is within the 100-year floodplain. 3. The parcel to be developed was described in 1964 (Vol. 582 Page 556) and has not changed its configuration since. The other parcels in the tract have been the subject of multiple property line adjustment land use cases. The subject parcel and entire tract are therefore legal for land use purposes. 4. Surrounding properties consist of large parcels involved in farm operations and smaller acreage homesites; all are zoned EFU. 5. The applicants propose a secondary farm dwelling for a family member and a farm worker to reside. Both are principally engaged in farm operations. 6. According to Marion County Soil Survey, the subject tract consists of 86.1% high value soils. 7. Various agencies were contacted with request for comments: Marion County Building Inspection commented: “Manufactured home placement permit is required to be obtained prior to the installation and set up of a manufactured home. Additional permit(s) may be required for those systems or utilities which extend beyond 30 ft from the home.” Marion County Septic commented: “A Site evaluation is required to establish minimum requirements for an on-site septic system to serve the proposed secondary dwelling. Following the site evaluation, a construction-installation permit will be required for the installation of a system. Any proposed structures must meet a minimum of a 10ft setback to drainlines.” Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Requirements A. At the time of application for building permits, an Access Permit will be required to document legal access to Torvend Road. B. Transportation System Development Charges (TSDCs) and Parks fee will be assessed at the time of application for building permits. C. New utility service extensions such as electric power originating from the public right -of-way to the property may require a permit from MCPW Engineering. All other contacted agencies either failed to comment or stated no objection to the proposal.