PLA25-027 Staff Decision - Laserfiche WebLink

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6. After the property line adjustment has been completed, no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. 7. No partition along the AR/EFU zoning boundary on the resultant 6.14-acre parcel shall be justified by this case and no such applications shall be approved. 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 #5 below be contacted to identify restrictions or necessary permits. 8. 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). 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 3rd, 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 4th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. One of the subject properties is 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. The second subject property is designated Rural Residential in the Marion County Comprehensive Plan and correspondingly zoned AR (Acreage Residential). The primary intent of both this designation and zone is to provide areas for rural residences at a low density level. 2. The properties are located on the west side of the Interstate 5 right-of-way, 5,500 feet north of the Jefferson Hwy exit. The southern most parcel (tax lot 300) is zoned AR and is 5.66-acres in size. It contains an assessed 1980 dwelling and some accessory structures. The parcel has been in its current configuration since at least October 24, 1973, when it was sold by Roy Bell and Mary Jane Bell to Dennis Schwindt (Vol764 Page 18). It was also the subject of 2 previous land use cases: V85-012, which was denied by a hearings officer, and P08-002, which approved a partition of the parcel but was never executed. The parcel is legal for land use purposes. The northern parcel (tax lot 100) is zoned EFU and is assessed as being 27.28-acres in size. The parcel is undeveloped and contains a dense stand of trees, which appears to be more natural habitat rather than a commercial timber stand. A review of the land use history of the parcel finds that it was partially involved in a previous land use case, AR97-079, which approved a replacement dwelling within the area of tax lot 400—the tax lot directly north of tax lot 100 and is under the same ownership. One of the conditions of approval of that land use case was: 2. The applicant shall record a deed establishing a single perimeter description combining the subject Tax lot 62258-000 (GLADS 1200) with Tax lots 62289-000 (1100), 62432-000 (400), 62431-000 (100) and including the entire 235+ acreage under the same ownership.