PLA25-015 Staff Decision - Laserfiche WebLink

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6. The applicants should contact the Stayton Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) 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. Requests for reconsideration, or consider- ation 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 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 properties are located on the south side of Old Mehama Road SE approximately one quarter of a mile east of its intersection with Silbernagel Road SE. Tax lot 1200 contains a 1947 dwelling, several accessory structures, a corral, and land that is being cultivated. This lot (tax lot 1200) was created in its current configuration as part of a Lot Line Adjustment case in 1988 (LLA88-005). The results are shown on Survey 31289 from 1988. Therefore, tax lot 1200 is legal for land use purposes. Staff could not find a deed that accurately matches tax lot 1300 in its current configuration, however, tax lot 1300 is shown on a 1988 survey in its current configuration and acreage (Survey 31289). The Kimsey family has owned land around this area since at least 1941, and the deeds have changed over the years via sales of parcels and at least one property line adjustment. In addition, the property lines have been adjusted to account for Old Mehama Rd SE. Several of these older deeds described the road as part of the land in the perimeter descriptions. No records could be found that indicate that tax lot 1300 had a dwelling. Staff concluded that tax lot 1300 was inadvertently created in its current configuration through LLA88-005 and was surveyed in 1988 as part of land use case LLA88-005. Staff has found that after LLA88-005 was approved - the applicants did not dissolve the property lines/tax accounts or record new perimeter description deeds leading to the confusion as to what was created and when. In summation, Staff concluded that tax lots 1000, 1100, 1400, and 1600 are one parcel of land and that tax lots 1200 and 1300 are another separate parcel of land and Staff is proposing a modified property line adjustment. In order to address this issue and get the applicants the desired property lines, Staff is recommending a modified application: Application of Warren & Nancy Kimsey and Tina & Michael Carr for a MODIFIED property line adjustment to adjust the property lines on a 3.34-acre parcel and a 6.25-acre parcel to create a 2.6-acre parcel and 6.99-acre parcel in an EFU (Exclusive Farm Use) zone located at 17544 Old Mehama Rd SE, Stayton (T9S; R1E; Section 9C; Tax lots 1000, 1100, 1200, 1300, 1400, 1600). 3. Surrounding uses consist of a power substation and commercial farm operations to the north on land zoned P (Public) and EFU (Exclusive Farm Use). To the south and east the predominate use is commercial farming and homes on larger acreage properties on land zoned EFU. To the west the uses are also on land zoned EFU in small farm and acreage homesites. 4. Soil Survey for Marion County, Oregon, indicates approximately 98.5% of the soils on the subject tax lots are classified as high value.