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PLA-V25-021 Staff Decision
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PLA-V25-021 Staff Decision
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Last modified
7/2/2025 12:57:47 PM
Creation date
7/2/2025 12:58:01 PM
Metadata
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Land Use
Case_Number
25-021
Document_Date
7/2/2025
Land Use Type
Property Line Adjustment
Tax_Lot_Number
041W230000600
Document_Type
Decision
Site_Address
19931 FOBERT RD NE
Additional Info
041W230000700
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The larger surrounding area consists of a 2-mile corridor around 99E between Hubbard and Aurora. The primary <br />agricultural use of land in this area is hazelnut production, and hop production is a close second. The lands <br />stretching south of the subject parcels are predominantly in hop production, to the north and west are in hazelnut <br />production. <br /> <br />4. Soil Survey for Marion County, Oregon, indicates approximately 100% of the soils on the subject tax lots are <br />classified as high value. <br /> <br />5. The applicants propose adjusting the property lines in order to enlarge the parcel containing the Olds Mobile Park <br />enough to construct a replacement wastewater treatment system for the mobile home park. The existing <br />wastewater system is located on the parcel east-adjacent to the park, a parcel that is under different ownership. <br />This existing system is failing and needs to be replaced. The owners of the park propose placing the replacement <br />system on land north-adjacent to the park, and adjusting the property lines so that the system is permanently <br />within the bounds and ownership of the park. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br /> Marion County Septic commented, “Per Jessica Joye with Oregon DEQ Onsite Septic Division, Emil dated <br />6/17/25, I am signing off on this lot line adjustment.” Included with the comment were copies of the 6/17/25 <br />email from Jessica Joye explaining that this land use approval will get them one step closer to submission of a <br />WPCF permit which will be required for the new drainfield, as well as acknowledgement that the existing <br />drainfield has failed. Also included with the comment was the DEQ evaluation dated January 17, 2025 that was <br />included by the applicant. This evaluation is regarding the proposed new drainfield. The full contents of Marion <br />County Septic’s submissions are available in the case file. <br /> <br />Marion County Surveyor’s Office commented: <br /> -Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. <br /> -Survey checking fee required at the time of review. <br /> -Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). <br /> <br /> Oregon Department of Transportation submitted a comment explaining that for information purposes, no new <br />access to the highway would be allowed on 99E, but that a temporary access permit may be approved if required <br />for construction of the drainfield. The applicant can reach out to the ODOT development review coordinator for <br />more information. <br /> <br /> Marion County Building commented: “No Building Inspection concerns. Permit(s) may be required to be <br />obtained prior to installation of systems subject to the state building code, such as plumbing or electrical <br />systems.” <br /> <br />Marion County Assessor’s Office provided information regarding taxes on the subject properties. <br /> <br />All contacted agencies either failed to comment or stated no objection to the proposal. <br /> <br />7. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion <br />County Rural Zone Code (MCC). These criteria are: <br /> <br />(a) There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by <br />modifying the literal requirements of the ordinance; and <br /> <br /> Without approval of this variance, the Olds Mobile Park would be forced to remove approximately 20- <br />homes in order to construct the new septic system. This would be an approximately 50% reduction in <br />homes in the park. Many of the homes in this park are too old to move to another site. The applicant <br />checked with the four other manufactured dwelling parks along Highway 99E and found only one <br />vacancy. The immediate displacement of 20 families, and permanent reduction in capacity of a property <br />that has long provided affordable housing is an unnecessary and unreasonable hardship which can be <br />relieved only by granting this variance for expansion of a non-conforming use. The criterion is met. <br /> <br />(b) There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the <br />application, which circumstances or conditions do not apply generally to land, buildings, or uses in the
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