PLA25-031 Staff Decision - Laserfiche WebLink

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6. 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 22nd, 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 23rd, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which 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. 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 property is comprised of three tax lots located directly northwest of Marion Rd SE, approximately ¾ miles northeast of the intersection of Marion Rd SE and Stayton Rd SE. Tax lot 100 is contains 62.48 acres of flat land in active farm use with Marion Creek running through the southern portion of the property. It contains a single-family dwelling built in 1870 and has multiple farm buildings. Tax lot 400 is 0.92-acres and consists of flat, bare land. Tax lot 501 is a long, narrow 0.31 acres of land that straddles Marion Creek. Staff was not able to determine if tax lot 501 is an independent parcel of land. It appears that it may be a remnant that was never properly accounted for. Staff concludes that tax lot 501 and corresponding tax account is most likely part of the parcel of land that is identified as tax lot 100. Tax lot 400 was described in 1973 (Vol. 751 Page 142) and has not changed its configuration since. It was also the subject of land use cases M05-047 and CU96-085, both of which were denied nonfarm dwellings. Tax lot 100 was described in 1958 (Vol. 508 Page 330) and has not changed its configuration since. The three tax lots are considered legal for land use purposes. 3. Surrounding properties consist of large parcels involved in farm operations with a few containing dwellings; all are zoned EFU. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.8% 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 62.48-acre parcel, a 0.92-acre parcel, and an 0.31- acre parcel to create a 63.71-acre parcel. This will also eliminate the multiple tax accounts to allow the applicants to consolidate their tax liabilities. 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).