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6. The applicants should contact the Marion County No. 1 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 August 14, 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 15th, 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 at the curve in the road where 72nd Ave NE turns into Linnet St NE. The lots form a flag lot shape from this curve, going north roughly 830 feet from that road connection to the main body of the two lots. The subject properties are one tax lot that contains two separate lots. One of the two lots consists of the access “flagpole” of this flag lot configuration, which is about 0.54-acres, and the second of the two lots comprises the “flag” portion of the tax lot and is about 20.11-acres. The 20.11-acre lot contains a 2006 dwelling, 2 silos in an area dedicated to farm equipment storage and staging, farm fields dedicated to row crops and a hazelnut orchard, and finally a canal separates the southeastern corner of the lot from the rest of the property. A review of the deed history of the parcel found that 20.11-acre parcel and 0.54-acre parcel were both described on a deed dated February 21, 1955 (Vol 479, Page 158), however these descriptions appeared to indicate that they were separate parcels. Later, the 20.11-acre parcel was described independently in a deed dated January 22nd, 1966 (Vol 642, Page 383) when the property was sold to Elmer R. Klopfenstein. Since that date, all subsequent deeds have described the 20.11-acre parcel without including the 0.54-acre parcel in the description. As such, the two parcels are separate, legal lots and are therefore legal for land use purposes. 3. Adjacent properties are entirely zoned EFU and are all engaged in commercial agriculture as farm fields. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% 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 20.11-acre parcel and a 0.54-acre parcel to create a 3.42-acre parcel and a 17.23-acre parcel. The proposal would place the existing dwelling and a portion of the hazelnut orchard on the smaller parcel and the rest of the farm fields plus the existing driveway on the larger parcel. The proposal would also create an access easement allowing the dwelling to use the existing driveway access connecting to 72nd Ave NE. 6. Various agencies were contacted about the proposal and given an opportunity to comment: Marion County Surveyor’s Office commented: 1. No survey required for properties greater than ten acres per ORS 92.060 (8). 2. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 3. Survey checking fee required at the time of review.