AR25-007 Staff Decision - Laserfiche WebLink

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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 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 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 two tax lots located directly northwest of Marion Rd SE, approximately ¾ miles northeast of the intersection of Marion Rd SE and Stayton Rd SE. Tax lot 100 is contains 62.48-acres of flat land in active farm use with Marion Creek running through the southern portion of the property. It contains a single-family dwelling built in 1870 and has multiple farm buildings. Tax lot 400 is .92-acres and consists of flat, bare land. 3. Tax lot 400 (the parcel to be developed) was described in 1973 (Vol. 751 Page 142) and has not changed its configuration since. It was also the subject of land use cases M05-047 and CU96-085, both of which were denied non- farm dwellings. Tax lot 100 was described in 1958 (Vol. 508 Page 330) and has not changed its configuration since. The entire tract is therefore legal for land use purposes. 4. Surrounding properties consist of large parcels involved in farm operations with a few containing dwellings; all are zoned EFU. 5. The applicants propose a secondary farm dwelling for a family members who are principally engaged in operating the farm. 6. According to Marion County Soil Survey, the subject tract consists of 99.9% high value soils. 7. Various agencies were contacted with request for comments: Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Septic commented: “A Septic Site Evaluation is required to demonstrate septic viability for the proposed action.” 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 off the public R/W. The existing main access shall be shared between both residences. It will be required to pave the driveway approach for a distance of 20 feet back with hot mix asphalt on account of what will be two dwellings plus commercial farm activity, and to close the adjacent secondary access to the north that will become redundant once the new internal driveway is put in. B. Transportation System Development Charges (TSDCs) and Parks fee will be assessed at the time of application for building permits. C. Utility service extensions such as electric power originating within the public right-of-way require a permit from MCPW Engineering. All other contacted agencies either failed to comment or stated no objection to the proposal.