PLA25-055 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 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 Sublimity 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 February 25th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective February 26th, 2026, 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 Forest in the Marion County Comprehensive Plan and correspondingly zoned TC (Timber Conservation). The primary intent of both this designation and zone is to promote and protect commercial forestry operations. 2. The properties are located on the east side of Highway 214 at the point where Hwy 214 intersects with Neal Rd SE, a non-county road. Tax lot 300 contains 0.90-acres and a 1930 dwelling per information from the Marion County Tax Assessor. Tax lot 300 is considered legal for land use purposes. Tax lot 400 was found to comprise 2 separate parcels based on the current deed descriptions stating multiple parcels and finding both deeds that show their legal creation by deed (Vol 264 Page 630, September 12th, 1941; Vol 266 Page 591, September 12th, 1941). The northern 1-acre of tax lot 400 was created by a deed found on Vol 264 Page 630 (September 12th, 1941) and contains the 1970 dwelling. The southern 2.35-acres are a second lot that contain an accessory structure. Since both parcels were created by deed prior to September 1st, 1977, they are considered separate and legal for land use purposes. Tax 500 is a remnant piece of the parcel from which tax lots 400 and 300 were partitioned from by deed in the 1940’s and is considered separate and legal for land use purposes. Lastly, tax lot 100 is an open farm field parcel. Research into the deeds found that tax lot 100 is comprised of 2 separate parcels similar to tax lot 400, where there is a roughly 1-acre parcel in the southeast corner of tax lot 100 that was created by deed on May 14th, 1945 (Vol 327 Page 130). The rest of the 5.63-acres of tax lot 100 is a remnant parcel separate from this smaller parcel and is considered legal for land use purposes. 3. Adjacent properties are a mix of commercial farming operations, commercial forestry operations, and Silver Falls State Park. The agricultural uses are predominantly row crop fields such as grass seed or are Christmas tree plantings located on nearby EFU (Exclusive Farm Use) zoned parcels to the north and west. The state park and smaller forest parcels are predominantly to the east and south on neighboring TC zoned parcels. The subject parcels are unique for their area, as they are the only small homesite parcels within a circular area with a roughly 1-mile radius.