V25-009 Staff Decision - Laserfiche WebLink

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on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applicat- ions. 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 August 11th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective August 12th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm 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 property is located on the north side of Mt. Angel Gervais Road, approximately one mile east of its intersection with Miller Road. The subject parcel contains a micro plant nursery business approved as a commercial use in conjunction with agriculture. The parcel was most recently the subject of a land use case, V25- 006, and is legal for land use purposes. 3. Surrounding properties in the immediate vicinity are all dedicated to commercial agriculture operations as farm fields and farming related residences. 4. The applicant is proposing a variance to the 20-foot minimum setback for a solar array on an accessory carport structure to 1-foot. This is following an approval of a variance to these setbacks for the same structures granted by V25-006. The original application for that variance did not include a request to vary the setbacks to the west property line and the need to include a setback variance to the west property line was only realized after the appeal period for V25-006 closed. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “If the proposed PV solar array is to be installed onto carport structures, then permits(s) are required to be obtained prior to either installation on an existing carport structure, OR, prior to development of carport structure(s) on private property. If the proposed PV solar array is standalone, freestanding, and not part of another structure regulated by the state building code, then a structural permit is not required according to 2022 OSSC 101.2.1. Separate electrical permit(s) are required to be obtained prior to installation. Discussion with a building plans examiner is recommended to accurately determine structural permitting requirements.” Marion County Septic commented: “Setbacks to the septic system including septic tank, drainfield, and effluent line must be maintained.” All other contacted agencies either failed to comment or stated no objection to proposal. 7. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: (a) There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; and The parcel is limited in size at 2.55-acres and the parking area where the proposed parking covers (with attached solar panels) are intended to serve is already established and cannot be relocated because the nursery takes up most of the central part of the parcel. Establishing the covers closer to the western property line would match with the existing development. The criterion is met. (b) There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the