ADJ25-011 Staff Decision - Laserfiche WebLink

Home Browse Search

request reconsideration (one time only and a fee of $200) based on 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 Rd. NE, Salem, by 5:00 p.m. on November 19th, 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 20th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned Exclusive Farm Use (EFU). The intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The property is located at the end of an unnamed easement, approximately ½ mile northwest of where this road intersects with Silverton Rd NE. The property is currently developed with one manufactured home and one accessory structure. The subject parcel and neighboring properties were established through Measure 37 claim M06-168 and was further partitioned through land use case P21-014. Therefore, the parcel is considered legal for land use purposes. 3. Adjacent properties are zoned EFU in all directions and consist of medium to large scale farms that are generally developed with one homesite. 4. The applicants are requesting an adjustment to reduce the required 20-foot side yard setback to 17 feet. The reason for this request is to accommodate the construction of an accessory structure between the wellhouse and the eastern property line. 5. Soil Survey of Marion County Oregon indicates 94.9% of the subject property is high-value farm soils. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property.” All other contacted agencies either failed to comment or had no objection to the proposal. 7. In order to approve the adjustment, the criteria found in Chapter 17.116.020(A) of the Marion County Code (MCC) must be satisfied. These include: (a) The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development. The applicant implies the proposed development will have no significant adverse impact on adjacent developments. The applicant states the dwelling on the neighboring property is located approximately 500 feet of the proposed structure, and 300 feet away from the neighbors accessory structure. Furthermore, aerial image from 2025 shows the neighboring property is not currently being developed nearest to the proposed adjustment. The criterion is met. (b) The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity. The applicant states there will be no extension of an access road, therefore there will be no increase of noise or traffic in the vicinity. Further, the proposed structure requires little hazards or disturbances, as the shop is far away from any persons working or residing in the vicinity. The criterion is met.