AR25-029 Staff Decision - Laserfiche WebLink

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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 deny the application. Anyone who disagrees with the Director's decision may appeal the decision to the Marion County Hearings Officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applicat- ions. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. 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 appealed. 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. 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 parcel is located approximately one half mile east of Highway 99 East near the end of Topaz Street NE - a private road. Topaz St NE intersects Highway 99 about 0.35 miles south of the intersection of Umpqua Street NE and Highway 99E. The subject parcel contains a 1940 dwelling and until recently a 1969 mobile home dwelling as well as several accessory buildings. The land is zoned EFU (Exclusive Farm Use) and appears to be used for a variety of farm related purposes and has about 12 acres planted with trees. Staff research found a 1968 deed (Volume 655, Page 136) that describes the parcel as it remains today, and the same description is used in a 2025 deed (Instrument Number 2025-25282). In addition, a 1983 survey was found that matches the current description (Survey 029761). Therefore, the parcel and dwellings are legal for land use purposes 3. Surrounding uses are also in the EFU zone and are engaged in various forms of large acreage agricultural production with homesites. 4. Soil Survey of Marion County Oregon indicates that the subject property contains 99.6% high value soils. 5. The applicants are proposing to reserve the right to replace a mobile home that has been removed from the property with a new dwelling. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Public Works Land Development and Engineering Permits (LDEP): requested that the following be included in the land use decision. ENGINEERING REQUIREMENT A. Transportation System Development Charges (TSDCs) and Parks fee will be assessed upon application for building permits. Please note that credit for a prior authorized use is only available for a period of 12 months following discontinuation of that use, namely removal of the manufactured dwelling sometime between in late 2023 to early 2024 as per the land use Application narrative. Marion County Building Inspection commented: No Building Inspection concerns. Permit(s) are required to be obtained prior to the construction or placement of a new home and/or utilities installation on private property.