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PLA25-044 Staff Decision
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PLA25-044 Staff Decision
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Last modified
12/3/2025 9:48:35 AM
Creation date
12/3/2025 9:48:56 AM
Metadata
Fields
Template:
Land Use
Case_Number
25-044
Document_Date
12/3/2025
Land Use Type
Property Line Adjustment
Tax_Lot_Number
071E21B000100
Document_Type
Decision
Site_Address
1739 SILVER FALLS DR NE
Additional Info
071E21B000200
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5. The applicants should contact the Drakes Crossing Fire District to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />Fire District access standards may be more restrictive than County standards. <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 Road NE, Salem, by 5:00 p.m. on December 18th, 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 />December 19th, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. <br /> <br />1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned EFU (Exclusive Farm Use. The primary intent of the EFU (Exclusive Farm Use) zone is <br />to provide areas for continued practice of commercial agriculture. These areas are generally well suited for large- <br />scale farming. The EFU zone is also intended to allow other uses that are compatible with agricultural activities, <br />to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, <br />water and land resources of the county. <br /> <br />2. The properties are located on Silver Falls Dr NE (State Hwy 214) approximately ¾ of a mile south of where <br />Silver Falls Dr NE intersects with Porter Rd NE. The road separates the eastern and western portions of tax lot <br />200, while tax lot 100 is directly north on the eastern side of Silver Falls Dr NE. Both properties are in active farm <br />use and tax lot 200 is developed with a manufactured home and a few farm buildings. <br /> <br /> Research was conducted to verify the legality of the subject properties. A 1970 deed (Vol. 678 Pg. 598) described <br />the entire eastern half of the Joseph Hubbard and Wife Donation Land Claim, covering these tax lots: <br /> <br />Section 17 TL 800 <br /> Section 16 TL 1100 <br />Section 21B TL 200 <br />Section 21B TL 400 <br />Section 21B TL 100 <br />Section 21B TL 300 <br />Section 21 TL 300 <br /> <br />This deed describes the tax lots in the following parcel configurations: <br /> <br />Parcel 1: Section 21 TL 300 <br />Parcel 2: Section 21B TL 300 <br />Parcel 3: Eastern portion of Section 21B TL 200 (subject parcel) <br />Parcel 4: Section 17 TL 800, western portion of Section 21B TL 200 (subject parcel) <br />Parcel 5: Section 16 TL 1100, Section 21B TL 100 (subject parcel) <br /> <br /> <br />This deed showed that the eastern 4.23-acres of tax lot 200 of Section 21B its own legal lot of record. This parcel <br />is consistently described this way in recent deeds. <br /> <br />This deed described tax lot 100 as one piece of land with the property to the north of it. A Land Sale Contract <br />recorded on September 2nd, 1977 (Reel 94, Page 1030) sold the northern lot (Section 16 TL 1100) separately from
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