PLA25-026 Staff Decision - Laserfiche WebLink

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5. After the property line adjustment has been completed, no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. 6. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 7. The applicants should contact the Stayton 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 September 2nd, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective September 3rd, 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 intersection of Stayton Rd SE and Brick Rd SE, with all parcels located on the southwest side of Brick Rd SE and on both sides of Stayton Rd SE, and extending roughly 930 feet along the extent of Stayton Rd to the southwest. Tax lot 1000 contains 1.98-acres, a 1951 dwelling and an accessory structure. Tax lot 1000 was previously subject to land use case AR/PLA24-001, which created the parcel in its current configuration. Therefore, tax lot 1000 is legal for land use purposes. Tax lot 800 contains 11.60-acres, a 1920 assessed dwelling and accessory structures near the east property line along Brick Rd, and a farm field that comprises most of the rest of the property. The parcel has been in the same configuration since at least May 2, 1957, when it was sold to William and Maurice Towery (Vol 499 Page 599; Tract 2). Therefore, the parcel is legal for land use purposes. Tax lot 600 contains a structure that was formerly a school in the Cascade School District and is 6.39-acres in size. Research into the deed history of tax lot 600 found that the property consists of two separate parcels. In a quit-claim deed dated April 14, 1921 (Vol 162 Page 189), Mrs. C. A. Davis sold a parcel of land to School District No. 126, which was adjacent to an existing 1.75-acre parcel (as described on a 1905 survey done for School District No. 126), for the purposes of establishing a park in honor of George H. Turner, her relative. A portion of this larger parcel was later conveyed by deed to William Towery on June 7, 1951 (Vol 429 Page 341) through a save and except description outlined on later versions of the deed. When the owning school district (now the Cascade School District) entered into a contract to sell the property to Brooklake Properties, LLC in February 20, 1998 (Reel 1483 Page 641), the legal description of the property still contained the same, separate description of the two parcels. A later deed finalizing this sale dated July 1, 1998 (Reel 1501 Page 575) was the