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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 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 the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farming Use). The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. 2. The property is located approximately 1-mile east of Woodburn and accessed off of Molalla Rd NE (HWY 211). The property slopes to the southeast towards the floodplain of the Pudding River. The southern corner contains a pond and trees. The northeastern corner contains a small grass field. The homesite includes a house and barn which are clustered together in the northwestern corner of the property. The subject parcel was adjusted by Property Line Adjustment PLA23-041 and has remained in the resulting approved configuration since then. Therefore, the parcel is legal for land use purposes. 3. Surrounding properties include the Woodburn Wastewater treatment plant directly northwest, and MacLaren youth facility west of the wastewater treatment plant. Directly west of the subject parcel are a few parcels in rural residential use and a hazelnut orchard. To the south and west of the subject parcel are a mixture of variously-sized farm properties in the EFU zone around the Pudding River. 4. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Division commented: “No Building Inspection concerns with proposed variance. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Septic commented: “Variance should not affect the drainfield installation – all parts of septic must meet DEQ setbacks.” Marion County Land Development, Engineering, and Permits commented: “ENGINEERING REQUIREMENT A. Transportation System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits. Latitude to grant SDC and Parks credits for residential use in not anticipated as it appears from tax records the dwelling has not been inhabited in recent years.” All other contacted agencies either failed to comment or stated no objection to the proposal. 5. The applicant is proposing to reduce the required 20-foot property line setback to 5-feet on the northern property line. This is to allow for the siting of a replacement dwelling and accessory structure. The parcel is relatively small and slopes southward into the floodplain of the pudding river. The northernmost edge of the parcel is the flattest area, and the most ideal location to replace the dwelling that is currently on the parcel. 6. To obtain a variance, the proposal must meet the criteria found in Marion County Code 17.122.020(A). These criteria are: 1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this title; and The subject property is zoned EFU and has setbacks of 20-feet for all structures except ag-exempt structures. The