PLA25-042 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). 7. The applicants should contact the St. Paul 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 November 18th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 19th, 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 south side of Kirsch Rd NE, at the end of the improved surface of the road 1,200 feet east of the intersection of Kirsch Rd NE and French Prairie Rd NE. Tax lot 1500 is a 1.36-acre parcel that contains an assessed 1923 dwelling and some small residential accessory structures. The parcel has been described in its current configuration since at least June 10, 1977 (Reel 84 Page 712). That date is prior to the adoption of partitioning and subdivision ordinances by Marion County (September 1, 1977), so any prior separation from a larger parcel is considered lawfully executed. Tax lot 1500 is considered legal for land use purposes. Tax lot 1600 contains 86.84-acres, a barn, and consists of commercial farm fields and riparian habitat of an unnamed feeder tributary of Champoeg Creek that bisects the parcel. The eastern property line of the parcel is formed by the main stem of Champoeg Creek. The parcel was once part of a larger portion of the Louie Pinchette Donation Land Claim that included the neighboring tax lots 1300 & 1400 of the same township, range and section to the west and a piece of land across Champoeg Creek that is now part of a tax lot with the parcel number 042W350000300. Tax lots 1300 & 1400 were identified as distinct, separate parcels by land use case PLA11-013 and the piece of land across the river was separated from tax lot 1600 by deed found on Volume 633 Page 476, and occurred prior to September 1, 1977. Therefore, tax lot 1600 is determined to be a distinct parcel and is considered legal for land use purposes. 3. Adjacent properties are entirely zoned EFU and are almost exclusively in use as commercial agriculture operations. The farm fields include a mix of hazelnut orchards, grass seed and other row crops, and finally some nursery operations. There are also a few smaller parcels, similar to subject tax lot 1500, that are smaller in size (less than 2-acres) and are in use as rural residences not involved in farming. 4. Soil Survey for Marion County, Oregon, indicates approximately 98.5% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on an 86.84-acre parcel and a 1.36-acre parcel to create an 85.60-acre parcel and a 2.60-acre parcel. The purpose is to move the barn and small grassy pasture area not in use as part of a farm field onto the smaller parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: