V25-004 Staff Decision - Laserfiche WebLink

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Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on May 20th, 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 21st, 2025, unless further consideration is requested. 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 property is located on Juniper Street NE on the east side of Cordon Rd NE approximately a 600 feet south of the intersection of Cordon Road NE and Kale Street NE. The property consists of two tax lots and totals approximately 40.81 acres. The current dwelling is located on the eastern tax lot in the north eastern corner, adjacent to Juniper St. NE (tax lot 500). This lot consists of the 1971 dwelling and at least nine accessory buildings. The arrangement is such that the current dwelling site is at the front of the lot approximately 60 feet from the shoulder of Juniper St. NE. 3. The subject property has been described by deed (Reel 34, Page 1210) in its current configuration since at least 1976 and is reflected in an 1897 survey (Survey 4861) and a 1944 survey (Survey 16197); the current dwelling was constructed in 1971. Therefore, the parcel of land and the dwelling are legal for land use purposes. Additionally, tax account 522018 (parcel 072W05A000600) is also under the same ownership and was added to the 2014 deed (Reel 4598, Page 133 “Parcel One”) in or before 2022. 4. The subject parcel is across the street from, and to the east of, the City of Salem Urban Growth Boundary. Directly north, south, and to the east are other larger 15 to 70 acre lots in the EFU zone. To the west in the Salem UGB are residential neighborhoods with mainly single-family dwellings. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Division commented: No Building Inspection concerns with proposed variance. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. Marion County Fire District No. 1: Made comments about fire apparatus access, premise identification, and gate access. Marion County Septic commented: An authorization will be required to connect a proposed replacement dwelling to the existing system. All proposed structures must meet a minimum 10ft setback to the drainfield and a minimum 5ft setback to the tank. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. The applicant is proposing to reduce the required 20-foot property line setback to 8-feet on the northern property line adjacent to Juniper St NE. This is to allow for the siting of a replacement dwelling. The dwelling site is limited by the previous addition of accessory buildings directly behind the dwelling and the location of the septic system. The applicant states that there have been two additional dwellings in this similar location: the original dwelling that was constructed sometime before 1911 and replaced in 1982 after the original dwelling burned. The applicant states that the reason for the variance is to avoid the need to develop and install a new septic system and from disturbing the agricultural production area. The applicant intends to have a replacement dwelling build in the similar footprint as the current dwelling, but it will be larger and encroach into the 20-foot property line setbacks required in the EFU zone. 7. To obtain a variance, the proposal must meet the criteria found in Marion County Code 17.122.020(A). These criteria are: 1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this title; and