PLA25-047 Staff Decision - Laserfiche WebLink

Home Browse Search

7. The applicants should contact the Woodburn 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, 2025. 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, 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. 2. The properties are located east of Arbor Grove Rd NE, west of Sleepy Hollow Rd NE, and north of Crosby Rd NE. They are bounded to the north by an undeveloped right-of-way extending from Sleepy Hollow to Arbor Grove. The 14.42-acre parcel addressed 7901 Sleepy Hollow Rd NE appears as Lot 2 of block 3 on a plat for Loganville recorded in 1926. It was conveyed as such to the current owners in 1972 and is therefore a legal lot for land use purposes. The original application was to adjust the 14.42-acre parcel with a 34.65-acre tax lot, which after deed research turned out to be tax lot of a larger 105.83-acre parcel that itself consists of ten different tax lots, which are not all under the same ownership. In 1994 there was an approved lot line adjustment and conditional use application which was intended to remedy this configuration. The result of that proposal would have been a 131-acre parcel, connected to farmland east of Case Creek under the same ownership. The land under different ownership, within the 105.83-acre parcel would have been isolated as a 4.92-acre remnant parcel to the northwest. The conditions of approval required for realizing this application (LLA/CU94-012) were never completed. LLA/CU94-012 was itself a repeat of a previous attempt in 1993 to remedy the same unlawful configuration of lots. A summary of the history of that 1993 case is included below: Quoted from P/LLA/CU93-049: “The Subject 116-acre parcel has a long history of land use actions. In 1979 under Partitioning Case 79- 89 Patrick and Dolores Johnston were granted approval to divide a second dwelling with one acre from the original 117-acre ownership. The dwelling located at 17914 Arbor Grove Road was retained with the 116-acre parcel as a farm dwelling. In this decision the applicants were advised that any future request for a second dwelling would be looked upon with disfavor due to the separation of the second dwelling. In 1981 under Conditional Use 81-89 Patrick Johnston applied for a second dwelling for farm help. This request was denied due to the previous partitioning and the warning that was given [in P79-89]. The proposed second dwelling was proposed to be located at the same site as the illegal dwelling that currently exists at 7881 Sleepy Hollow Road. Patrick Johnston failed to record the map separating the 1-acre parcel approved in P79-089. As a result, in 1984 Patrick Johnston reapplied to partition the 1-acre and the dwelling from the 117-acre parcel. This request was approved. Between 1982 and 1992 Patrick Johnston transferred all but the 4.87-acre parcel to other owners without any land use approvals. Mr. Johnston claims that he believed that his prior attorney had done everything proper with the transferring of these tracts of land, Mr. Johnston does not explain his failure to obtain