AR25-035 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 10. The applicants should contact the Stayton 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. 11. 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 deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a 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 applications. 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 November 6th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on November 7th, 2025 unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Forest in the Marion County Comprehensive Plan and zoned TC (Timber Conservation). The purpose of the TC zone is to conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, as well as fish and wildlife resources, and to provide for recreational opportunities and agriculture. 2. The subject parcels are located approximately six tenths of a mile north of Highway 22 along Wagner Road SE. Tax lot 800 has a 2021 agricultural exempt building and several accessory structures and appears to be engaged in agricultural uses. Tax lot 1300 does not contain any dwellings or structures at this time. Tax Lot 1300 has been described in its current configuration since at least 1963 as found in deed Volume 580, Page 798. For tax lot 800, Staff was able to trace deeds only as far back as 1981 (Reel 252, Page 1586); however, the parcel descriptions (TL 800 and TL 1300) have remained consistent through to the most recent 2021 deed - Reel 4442, Page 25. No other land use cases have been recorded for the parcels. Marion County does have records that the owners at the time had their land cleared with the help of the State and their parcels are in the Marion County Right of Entry (ROE) database. Therefore, Staff has determined that the parcels and the dwellings were legally established for land use purposes.. 3. The majority of the surrounding area to the north, west, and east is also in the TC zone with a pocket of Acreage Residential (AR) zoned land located about 600 feet to the southwest around the community of Mehama. South of the subject property, the majority of the land is zoned Exclusive Farm Use (EFU). The majority of the immediately surrounding parcels are large acreage TC and EFU parcels with several smaller acreage homesites.