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CU25-043 Staff Decision
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CU25-043 Staff Decision
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Last modified
11/4/2025 1:57:16 PM
Creation date
11/4/2025 1:21:12 PM
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Land Use
Case_Number
25-043
Document_Date
11/4/2025
Land Use Type
Conditional Use
Tax_Lot_Number
042W130000700
Document_Type
Decision
Site_Address
20938 CASE RD NE
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to exist. In addition, every five years the Marion County Building Inspection Division requires a septic evaluation <br />for shared systems prior to renewal of hardship conditional uses. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in <br />Finding # below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />9. The applicants should contact the Aurora District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />10. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on November 19th, 2025. If you have <br />questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />November 20th, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned EFU (Exclusive Farming Use).The purpose of the EFU zone is to provide areas for <br />continued practice of commercial agriculture. These areas are generally well suited for large-scale farming. The <br />EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, <br />scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land <br />resources of the county. <br /> <br />2. The subject parcel is located on the east side of Case Road NE about 2,000 feet south of the intersection of <br />Yergen Road NE and Case Rd NE. The property has a 2018 replacement dwelling that replaced the original <br />dwelling on the property and was approved in 1983 by a land use case (FD83-017). The property also has several <br />accessory structures, and the majority of the property is in agricultural production. The parcel and the dwelling are <br />legal for land use purposes. <br /> <br />3. The majority of the surrounding land use is large acreage agriculture in all directions. <br /> <br />4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm <br />soils. <br /> <br />5. A signed Primary Care Provider Certificate has been submitted for Karen Arendt indicating she has medical <br />conditions that preclude her from maintaining a completely separate and detached dwelling apart from her <br />family. <br /> <br /> <br />
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