PLA25-035 Staff Decision - Laserfiche WebLink

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7. The applicants should contact the St. Paul 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 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. 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 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 at the office. This decision is effective October 10th, 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 properties are located on the north side of Champoeg Road NE, approximately three quarters of a mile east of its intersection with River Road (Hwy 219). Tax lot Section 33, 100 contains a large agricultural building and several other buildings related to the dairy operations on the parcel. Tax lot 34, 100 contains two 1956 dwellings, and a 1979 farm related dwelling that was replaced in 1987. Additionally, there are multiple dairy related accessory structures and an animal waste collection pond. Both parcels together have been the subject of several land use cases: a replacement farm dwelling case in 1987 (FD87-002), a floodplain development case to create an animal waste collection pond in the 100 year floodplain in 1991 (FP91-013), and an administrative review to replace a mobile home case in 1999 (AR99-042), therefore the parcels and dwellings are legal for land use purposes. 3. Adjacent properties are also in the EFU zone and mostly all engaged in a form of commercial agriculture with homesites. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.3% 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 47.37-acre parcel and a 71.5- acre parcel to create a 102.84-acre parcel and a 17-acre parcel. This will result in the dwellings and the majority of the dairy buildings being on the 17 acre parcel and the majority of the agricultural land, the large barn, and the animal waste pond being consolidated onto the 102.84 acre parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: No survey required for properties greater than ten acres per ORS 92.060 (8). Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marin County Building Inspection commented: Marion County Building Inspection recommends the new property line be established at least 3 feet from existing residential use structures, and 10 feet from any existing commercial use structures. A permit is required to be obtained for the change of occupancy from a single family dwelling to an accessory storage building. To obtain