PLA25-060 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 #6 below be contacted to identify restrictions or necessary permits. 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 regulations 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 consider- ation 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 26th, 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 27th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farming Use). The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. These areas are generally well suited for large-scale farming. The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county. 2. Tax lot 700 is located south of Hunsaker Rd SE, approximately 650 feet from the intersection of Hunsaker Rd SE and Brick Rd SE. The parcel contains one dwelling built in 1966, one accessory structure, and the rest of the parcel is in active farm use. The parcel within tax lot 1600 is located directly south of tax lot 700 and is accessed off Darley Rd SE. The parcel is entirely undeveloped and is in active farm use. There is one canal that runs through both properties. Tax lot 700 was created as Lot 2 in Plat C of the Willamette Valley Irrigated Land Co. Subdivision on May 25th, 1918 (Vol 8 Page 118 in the Book of Town Plats), and it remains in this configuration today. The northern 10-acres of tax lot 1600 was created as Lot 7 in the same subdivision. These lots were created and never developed, including the roads that were created as part of the subdivision. Order 25-032 vacated the public right-of-way south of Lot 7 (Instrument number 2025-004772). Therefore, both parcels are legal for land use purposes. 3. Adjacent properties are also in the EFU zone and mostly all engaged in a form of commercial agriculture with homesites. The applicants and their family own almost all the adjacent land to the west. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.9% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 12.44-acre parcel and a 10.00-acre parcel to create a 2.14-acre parcel and a 20.30-acre parcel. This will result in the dwelling being on the 2.14-acre parcel and the majority of the agricultural land being consolidated onto the 20.30-acre parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: “Condition of Approval: An existing system evaluation is required on proposed parcel A (2.14-acre parcel)