PLA25-045 Staff Decision - Laserfiche WebLink

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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. 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 Silverton 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 December 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 December 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. Portions of both parcels (1.34-acres for tax lot 200 and 1.24-acres for tax lot 300) are designated as Farm/Timber in the Marion County Comprehensive Plan and are correspondingly zoned FT (Farm/Timber). 2. The properties are located mostly on the northeast side of Abiqua Rd NE, just south of the intersection between Abiqua Rd and South Abiqua Rd NE. Both parcels contain a portion of the Abiqua Creek riverbank on the southwest side of the Abiqua Rd right-of-way (ROW) as wells, and these lots are zoned FT. Tax lot 300 contains a 1969 assessed dwelling, several farm related accessory structures, a few small farm fields and a former woodlot area (the area proposed for transfer) that was recently cleared sometime after the 2021 aerial photographs in the Marion County GIS system were taken. Tax lot 300 was created in its current configuration as a result of property line adjustment case PLA11-023 and is considered legal for land use purposes. Tax lot 102 is entirely forested, is in timber deferral, and contains no structures. Tax lot 200 contains a 1985 assessed dwelling that was approved as a farm dwelling on a 115-acre parcel by case FD84-009. In the years following, the parcel was adjusted several times: First, tax lot 200 was part of the previously referenced case PLA11-023, where it gained land from tax lot 300 and increased to 162.40-acres. Then in 2013 tax lot 200 was involved in another property line adjustment case PLA13-022, where it was adjusted with neighboring tax lot 100 and a now non-existent tax lot 601 (T6S; R1E; Section 27; Tax lot 601). That case started with 3 lots and resulted in 2 lots. Tax lot 200 was decreased in size from 162.40-acres down to 92.43-acres (losing some of the land that had been used to qualify for the primary farm dwelling under case FD84-009) and tax lot 100 consolidated tax lot 601 within its new boundary and increased to 165.59-acres. The newly configured and vacant tax lot 100 then qualified for a primary farm dwelling through administrative review case AR13-024, using some land that had already been used to qualify tax lot 200 for a primary farm dwelling. Tax lot 100 was then subject to partition case P14-002 which partitioned off the AR zoned land on the other side of Abiqua Rd, leaving tax lot 100 at 159.03-acres.