PLA25-016 Staff Decision - Laserfiche WebLink

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6. The applicants should contact the Silverton 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 regula- tions 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 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 26th, 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 27th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use. The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located along the east side of Brush Creek Dr NE, roughly 1500 feet south of the intersection between Brush Creek Dr and Silverton Rd NE. The subject properties involved in this proposal consist of 3 tax lots but only 2 legal parcels. A review of the subject properties case history found that the legal configuration of the parcels is tax lots 1500 & 1700 as one parcel together and tax lot 1600 as a separate legal lot. In the findings of Lot Line Adjustment case LLA92-031 it was found that the 0.92-acre area comprised of tax lot 1700 was sold off from the 17.58-acre tax lot without going through the partitioning or property line adjustment process. These findings were also the precedent for denying a previous application for a medical hardship on the 17.58-acre tax lot (CU84-089). The purpose of case LLA92-031 was to correct this lot legality issue and was essentially the same as the current proposal. However, that proposal was ultimately denied upon reconsideration because the Lot Line Adjustment criteria at the time were not addressed. Following the denial of LLA92-031, the applicants did not submit any further land use applications, and the issue remained unresolved. This new proposal, involving the entire area comprised of the legal lots, is attempting to resolve the lot legality situation and can be considered by staff. 3. Adjacent properties are comprised mostly of EFU zoned parcels engaged in commercial agriculture, primarily in row crops or berry fields. The most distinct land use outside of farming in the immediate surrounding area is a railroad line that crosses Brush Creek Dr 700 feet north of the subject parcels. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.6% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 1.0-acre parcel and an 18.50-acre parcel to create a ~2.0-acre parcel and a ~17.50-acre parcel, which will resolve an illegal land sale. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. Properties 10 acres or less must be surveyed per ORS 92.060 (&) and the survey submitted for review. 2. Survey checking fee required at the time of review. 3. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office, per ORS 92.190 (4).