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6. The applicant shall continue to utilize the property in compliance with the Exclusive Farm Use (EFU) zone code. <br />This includes the continued operation of the nursery farm use in conjunction with the landscaping business. <br /> <br />7. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any <br />revocation could be appealed to the county hearings officer for a public hearing. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying restrictions or conditions thereon. It is recommended that agencies mentioned in Finding # <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />8. The applicants should contact the Woodburn Fire District to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />Fire District access standards may be more restrictive than County standards. <br /> <br />9. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. <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 Rd. NE, Salem, by 5:00 p.m. on May 14th, 2025. If you have questions <br />about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 15th, <br />2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding EFU zone is to promote the continuation of commercial <br />agricultural and forestry operations. <br /> <br />2. The property is located on the southeast side of Front St NE 100 feet south of where Front St and Crosby Rd <br />intersect and on across the railroad tracks that run parallel to Front St. The parcel currently contains no structures <br />and was as recently as 2023 planted with evergreen trees. The parcel has existed in its current configuration since <br />at least April 30th, 1964 when it was described in a deed on Vol 585 Page 531. Therefore the parcel is considered <br />legal for land use purposes. <br /> <br />3. Surrounding uses include various industrial and commercial uses located in the city of Woodburn urban growth <br />boundary to the south, parcels utilitzed as large acreage residences with some small scale agricultural practices to <br />the east, a Union Pacific railroad line running along the full western property line, and an electric substation to the <br />north at the intersection of Front St and Crosby Rd. <br /> <br />4. Soil Survey of Marion County Oregon indicates 99.5% of the subject property is composed of high-value farm <br />soils. <br /> <br />5. The applicant is proposing to operate a landscape contracting business in conjunction with a nursery operation on <br />a 4.00-acre parcel in an EFU zone. <br />