PLA25-034 Staff Decision - Laserfiche WebLink

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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 consider- ation by a hearings officer, must be in writing (form available from the Planning Division) and received together with the appeal fee in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on October 9th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or the office. This decision is effective October 10th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (Exclusive Farm Use). The intent of both the designation and zone is to provide areas for continued practice of commercial agriculture and to protect commercial agricultural operations. 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 parcels are located along Cascade Highway NE between Kaufman Road and Egan Road about one and three quarters of a mile north of the intersection of Sunnyview Road NE and Cascade Highway NE. Subject parcel identified as tax lot 1200 is farmland without a current dwelling or known accessory or farm buildings. This area appears to be used for commercial farming purposes. This parcel was the subject of a 1997 floodplain land use case (FP97-030) and a property line adjustment land use case in 2019 (PLA19-043) that created the parcel in its present configuration. Therefore, this parcel is considered legal for land use purposes. Subject parcel identified as tax lot 1400 contains a 1912 dwelling and several accessory buildings. The parcel was created in its current configuration by a property line adjustment case in 2009 (PLA09-021) and is therefore considered legal for land use purposes 3. Surrounding properties in all directions are zoned EFU and are engaged is some form of farm or agricultural use or large acreage residential use. 4. Soil Survey for Marion County, Oregon, indicates the TL 1400 is composed of 100% non-high value soils and TL 1200 is composed of 91.3% high value soils. 5. The applicants are proposing to adjust the property lines on a 3.06-acre parcel and a 60.14-acre parcel to create a 3.29-acre parcel and a 59.91-acre parcel. This proposal transfers approximately 0.23 acres to TL 1400 to allow for the relocation of the driveway from below the crest of the hill on Cascade Highway NE to a location 50 feet further north of the current northern property line with TL 1200. The applicants have already communicated with Marion County Land Development, Engineering and Permits (LDEP) for permits to relocate the access and close the current access point for TL 1400. 6. 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. 4. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Land Development, Engineering and Permits (LDEP) provided the following statement: ENGINEERING REQUIREMENT