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AR25-051 Staff Decision
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AR25-051 Staff Decision
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Last modified
1/16/2026 10:17:48 AM
Creation date
1/16/2026 10:18:18 AM
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Land Use
Case_Number
25-051
Document_Date
1/16/2026
Land Use Type
Administrative Review
Tax_Lot_Number
081W210000600
Document_Type
Decision
Site_Address
11894 SILVER FALLS HWY SE
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fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, <br />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. The applicant is advised of the following: <br /> <br />7. The applicants should contact the Sublimity 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. The comments from the Sublimity <br />Fire District can be found under Finding #6 and within the case file. <br /> <br />8. 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 deny the application. Anyone who disagrees with the Director's decision may appeal the decision <br />to the Marion County Hearings Officer. The applicant may also request reconsideration (one time only and a $200.00 fee) <br />on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applicat- <br />ions. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form <br />available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, <br />Salem by 5:00 p.m. on February 2nd, 2026. If you have questions about this decision contact the Planning Division at <br />(503) 588-5038 or at the office. This decision is effective February 3rd, 2025, unless appealed. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned <br />EFU (EXCLUSIVE FARM USE). The intent of both designation and zone is to promote and protect commercial <br />agricultural operations. <br /> <br />2. The subject property is located on the southern side of Hwy 214, roughly a quarter mile west of the intersection <br />between Hwy 214 and Anderson Rd SE. The subject parcel is nearly 200-acres in size, most of which is dedicated <br />to large grass seed and other row crop fields. The developed portion of the property contains a 1967 stick built <br />dwelling, a garage, and 2 other accessory structures. In this area, there is also a patch of fir trees and within this <br />grove is a mobile home, which according to the information of the Marion County Tax Assessor is a 1971 Statler <br />model single wide. The parcel has been in the same configuration since at least January 30th, 1943, when it was <br />purchased by Ivan and Marie Elam (Vol 273 Page 298). The parcel is legal for land use purposes. <br /> <br /> During research into the permit history of the parcel, it was discovered that the dwelling was established through a <br />building permit R71-140 dated February 10th, 1971, and was therefore legally established. <br /> <br />3. Surrounding uses consist of properties in use as farming operations, mostly involving traditional row crops and <br />grass seed fields. All surrounding properties, with the exception of a P (Public) zoned cemetery parcel are zoned <br />EFU. <br /> <br />4. Soil Survey of Marion County Oregon indicates that 76.5% of the soils on the parcel are comprised of high-value <br />farm soils. <br /> <br />5. The applicant is proposing to replace a mobile home that currently exists on the property with a new dwelling. <br /> <br />6. Various agencies were contacted about the proposal and given and opportunity to comment. <br /> <br /> Sublimity Fire District provided comments with their fire district standards. <br /> <br /> <br />
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