V25-006 Staff Decision - Laserfiche WebLink

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A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on June 13th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 16th, 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 qu ality of air, water and land resources of the county. 2. The property is located on the north side of Mt. Angel Gervais Road, approximately one mile east of its intersection with Miller Road. 3. The subject parcel was created in its current configuration by Partition Plat 2000-40 in 2001. This was part of land use case P/CU99-026. This was a partition application to divide the tissue lab from the main farm parcel and run the tree tissue lab as a commercial activity in conjunction with farm use. This parcel is not in the special farm tax deferral program. The Planning Department has determined that the parcel is legal for land use purposes. 4. Surrounding properties contain a mixture of various-sized commercial farm operations in an EFU zone. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Division commented: Permit(s) are required to be obtained prior to the installation of carports with solar arrays, other structures with solar arrays, and/or the alteration of existing structures to include solar arrays. Fire separation requirements from 2022 OSSC Chapter 7 will be closely reviewed, amongst the other provisions of the state building code. It’s recommended these structures and solar arrays be evaluated by an Oregon licensed architect for fire and life safety purposes. Fire rated construction and/or fire sprinklers may be required. Marion County Septic commented: All proposed structures must meet a 5ft minimum setback to septic tanks and effluent lines, and a 10ft minimum setback from foundations to the drainfield is required. The Marion County Tax Accessor provided information about the property’s tax liabilities. 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 five feet on the northern and eastern property lines. This is to allow for the siting of covered carports that will support photovoltaic panels. The applicants state that they are attempting to minimize the amount of the impervious parking surface that would have to be covered so as not reduce parking and maneuvering space in the parking lots. They further state that they are attempting to provide sufficient structural surface to produce as much solar electricity as they can on the site to offset their electrical power consumption for cultivating their blueberry, hazelnut, and maple plants. To accomplish this the applicants are requesting to reduce the 20-foot property line setbacks required in the EFU zone to five feet along the northern and eastern property lines. The southern and western property lines are adjacent to roadways and the standard setbacks will remain in effect. 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 The subject property is zoned EFU and has setbacks of 20-feet for all structures except ag-exempt structures. This