PLA25-025 Staff Decision - Laserfiche WebLink

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local, State or Federal agencies. This decision does not take the place of, or relieve the respon sibility for, obtaining other permits or satisfying restrictions or conditions. 8. Prior to recording the deeds all taxes due must be paid to the Marion County Tax Department (contact the Marion County Tax Department at 503-588-5215 for verification of payments). APPEAL PROCEDURE: The Marion County Zone Code provide 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 together with the appeal fee in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on August 12th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or the office. This decision is effective August 13th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (Exclusive Farm Use). The intent of both the designation and zone is to provide areas for continued practice of commercial agriculture and to protect commercial agricultural operations. 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 subject parcels are located on the southside of North Santiam Highway (Hwy 22) approximately one half mile east of the intersection of North Santiam Highway and Old Mehama Rd SE. Tax lot 700 has an existing 1968 dwelling and several accessory buildings. Tax lot 800 is vacant land. Between 2007 and 2010 tax lots 700 and 800 were involved in a Measure 37 and Measure 49 claim and were recognized as eligible for relief under Measure 37 and Measure 49 order E131366A. The order allowed the applicants two homesite approvals on tax lot 700. Therefore, the parcels are considered legal for land use purposes. The E131366A order states: “The Measure 37 claim property includes three lots or parcels and one dwelling located on tax lot 700. There is no contiguous property under the same ownership. The two home site approvals the claimants qualify for on tax lot 700 under Section 6 of Measure 49 will authorize the claimants to establish no additional lots or parcels and one additional dwelling on tax lot 700 of the Measure 37 claim property. The claimants will be required to alter the configuration of the lots or parcels currently in existence on the Measure 37 claim property and contiguous property if they intend to develop one additional dwelling, so that each additional dwelling established on tax lot 700 of the Measure 37 claim property, pursuant to these home site approvals, is sited on a separate lot or parcel and that the total number of lots or parcels located on the Measure 37 claim property and contiguous property does not exceed three.” The applicants wish to accomplish this by the means of a property line adjustment between tax lot 700 and tax lot 800 that will reconfigure tax lot 800 into the area of tax lot 700 to meet the conditions of E131366A. 3. Surrounding properties in all directions are zoned EFU and are engaged is some form of farm or agricultural use or large acreage residential use. 4. Soil Survey for Marion County, Oregon, indicates 84.1% of soils on the properties are high value. 5. The applicants are proposing to adjust the property lines on a 21.30-acre parcel and a 3.20-acre parcel to create an 18.45-acre parcel and a 6.05-acre parcel. This proposal exercises the applicants’ rights under Measure37/49 (M06- 191, E131366A) to create one additional homesite and to establish a dwelling on the newly configured parcel. 6. Marion County Surveyor’s Office commented: