PLA25-038 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. 7. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. 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. 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 in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on October 23rd, 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 24th, 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 properties are located approximately 1.25 miles east of the intersection of Butteville Rd NE and Donald Road NE immediately adjacent to the east side of Interstate 5. Tax lot Section 21, 200 contains a 1958 dwelling and related accessory structures. This parcel is partially divided by Senecal Creek and has a large pond, and the majority of the land is wooded. Tax lot Section 16C, 1000 contains a hazelnut orchard and no dwellings or accessory structures and has the driveway for tax lot Section 21, 200. Both parcels have been described in their current configurations on deeds since at least 1976 (Reel 44, Page 1896) including on the most recent 2023 deed (Instrument Number 2023-32708). Staff also found a 1977 survey (Survey 26562) that shows the parcels in their current configuration. Therefore, the parcels are considered legal for land use purposes. 3. Adjacent properties are all similarly zoned EFU and are a mix of large acreage commercial farming parcels and smaller acreage residential properties. Interstate 5 bisects the area, and the City of Donald is about a half mile further west. 4. Soil Survey for Marion County, Oregon, indicates approximately 78.9% 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 3.94 acre parcel and a 46.39 acre parcel to create a 14.09 acre parcel and a 36.20 acre parcel. This proposal will adjust the property lines to put the hazelnut orchard on the same parcel as the house and use Senecal Creek as the approximate property boundary. This arrangement will more accurately reflect how the applicants currently use the property. 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).