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obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned <br />in Finding # 6 below be contacted to identify restrictions or necessary permits. <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 30th, 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 31st, 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 both this designation and zone is to <br />promote and protect commercial agricultural operations. <br /> <br />2. Both properties are situated southeast of the intersection of Mahony Rd NE and French Prairie Rd NE Tax lot <br />1101 is accessed off French Prairie Rd, approximately 0.5 miles south of the intersection. The property is <br />developed with 1954 dwelling and accessory structures, containing land in active farm use with West Champoeg <br />Creek running through the property. Tax lot 400 is accessed off Mahony Rd NE and is located 0.2 miles west of <br />the intersection. The entire parcel is in farm use and contains two accessory farm buildings. Tax lot 1101 of <br />Section 4 has been described in its current configuration since 1953 (Vol. 429 Pg. 39). Tax lot 400 of Section 5 <br />has been described in its current configuration since 1972 (Vol. 729 Pg. 438) Both parcels are therefore legal for <br />land use purposes. <br /> <br />3. Adjacent properties are zoned EFU in all directions and are in large scale commercial farm use. Few adjacent <br />properties are developed with homesites. <br /> <br />4. Soil Survey for Marion County, Oregon, indicates approximately 95.2% of the soils on the subject tax lots are <br />classified as high value. <br /> <br />5. The applicants are proposing to adjust the property lines on a 54.84-acre parcel and a 100.01-acre parcel to create <br />a 3.99-acre parcel and a 149.42-acre parcel. <br /> <br />6. Marion County Surveyor’s Office commented: <br /> <br />1. No survey required for properties greater than ten acres per ORS 92.060 (8). <br />2. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. <br />3. Survey checking fee required at the time of review. <br />4. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS <br />92.190 (4). <br /> <br />Marion County Assessor’s Office provided information regarding taxes on the subject properties. <br /> <br />Various agencies were contacted about the proposal and given an opportunity to comment. All other contacted <br />agencies either failed to comment or stated no objection to the proposal. <br /> <br /> 7. The criteria for reviewing lot line adjustments within an EFU zone are listed in Chapter 17.136.090(C) MCC. <br />These criteria are as follows: <br /> <br /> (a) When one or more lots or parcels subject to a proposed property line adjustment are larger than the <br />minimum parcel size pursuant to MCC 17.136.090(A)(1), the same number of lots or parcels shall be as