PLA25-036 Staff Decision - Laserfiche WebLink

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6. The applicants should contact the Aurora 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 October 13th, 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 14th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are 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. 2. The properties are located on the northwest side of the intersection between Fargo Rd NE and Bents Rd NE in a triangle of land created by said roads rights-of-way and a railroad right-of-way. Tax lot 1900 is developed with a 1988 dwelling. Tax lot 2000 contains several accessory structures and no dwellings. Both lots have open grassy areas that appear to function as pastureland. The parcels were the subject of a previous land use case, CU89-071, which actually described the property in its entirety as one parcel, but it does not appear that an official determination of the legal lot status was conducted. A review of the deed history of the parcels found that the parcels are described as separate parcels since at least August 22, 1969, when tax lot 2000 was sold by John T. and Dixie Foster to Vincent C. Dills (Vol 670 Page 442). A survey from 1968 shows the separate parcels and contains the first instance of the current property description for the parcels. As the parcels have been described in their deeds as separate parcels, and the land use case CU89-071 would not have required the combination of the two parcels, the subject properties are determined to consist of two separate, legal parcels for land use purposes. 3. Adjacent properties are entirely zoned EFU and contain a mixture of large commercial farm parcels and a number of smaller parcels in use as rural residences not involved in commercial agriculture. The small parcels are largely remnants of the later vacated Fargo development. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.7% 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 2.15-acre parcel and a 2.55-acre parcel and combine them into a single 4.70-acre parcel. The adjustment is to allow an addition to the rear of the existing dwelling that is currently located at the shared property line of the two parcels. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 2. Survey checking fee required at the time of review. 3. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4).