PLA25-039 Staff Decision - Laserfiche WebLink

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6. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 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 27th, 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 28th, 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 lots are located along Highway 99E about three quarters of mile north of the intersection of Waconda Road NE and its intersection with Highway 99E. Tax lot 1000 contains a portion of Western Helicopters Services INC’s operations including an airplane hanger. Tax lot 1300 has at least four additional buildings including part of the larger hanger that straddles the property line with TL 1000. Tax lot 1400 has a runway and no apparent structures. Tax lot 1000, 1300, and 1400 have been involved in several land use cases. In 1984 TL 1300 and 1400 were allowed to expand an existing nonconforming use (airport) by constructing a 96’ by 50’ pole building as an addition onto the north end of the existing hangar. At the time planning staff described the property as being 50 acres of Residential Agricultural (RA), however this zoning was subsequently changed to EFU. This was under land use case Variance - Conditional Use 84-007 (V84-007) and approved by the Board of Commissioners. In this decision it was established that the use for a private airfield on the property was granted by land use case 72-7 (no records of this case were found) and Variance - Conditional Use 84-007 (V84-007). In 1984 a lot line adjustment was applied for involving TL 1000, TL 1300, and 1400 that would have created a 10 acre parcel (current TL 1400) and a 50.77 acre parcel. The proposal was to adjust a 27.5 acre and a 33.26 acre parcel to create the new configuration. This proposal was denied by the Marion County Planning Department. It was determined that the owners at the time (Harchenko and Sandstrom) made an unauthorized transfer of 17.5 acres and therefore the further reduction in size (to 10 acres) of an EFU parcel was not incompliance with the EFU code. In 1985 TL 1300 was approved for an adjustment case (ADJ85-001) to adjust side yard setback to 9 feet. Based on these land use cases, the Planning Department has determined that the subject parcels TL 1000, TL 1300, and TL 1400 are legal parcels for land use purposes. 3. The land surrounding the subject parcels are mostly all zoned EFU and appear to be engaged in some form of commercial agriculture. There are also several small acreage residential properties. To the east across Highway 99E there are parcels zoned Industrial (I) and contain several automotive repair businesses, a septic business, fabrication business, and several other business or industrial uses. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% of the soils on the subject tax lots are classified as high value.