CU26-004 Staff Decision - Laserfiche WebLink

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7. The proposed medical hardship dwelling shall be located as shown on the applicant's updated site plan submitted on February 27, 2026. 8. The applicants are advised that this permit is granted for a period of one year and must be renewed for successive one-year periods upon submittal of a Physician's Certificate verifying that the hardship conditions continue to exist. In addition, every five years the Marion County Building Inspection Division requires a septic evaluation for shared systems prior to renewal of hardship conditional uses. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect 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. The applicant is advised of the following: 9. The applicants should contact the Stayton 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 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 Rd. NE, Salem, by 5:00 p.m. on April 3rd, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective April 4th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. 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. The property is located on the east side of Rainwater Ln SE, approximately 1,500-feet north of Stayton Rd SE. The property contains a 1974 dwelling and several residential accessory structures. It is unclear whether a 1988 lot line adjustment and partition (LLA/P88-030) was ever completed that would have modified the subject property. Subject tax lot 1100 and tax lot 1000 may together constitute a single property. These tax lots are only two tax lots comprising 32-acres of a larger 200-acre farm operation. The dwelling on the property was built in 1974 and therefore predates planning and is a legally established dwelling. This hardship application is for a temporary use, and this is not a determination of the legality of tax lot 1100. 3. Surrounding uses include commercial farming operations and smaller acreage homesites all on EFU zoned land. 4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm soils. 5. A signed Medical Care Provider Certificate has been submitted for Donna Fery indicating she has medical conditions that preclude her from maintaining a complete, separate, and detached dwelling apart from her family. 6. Various agencies were contacted about the proposal and given an opportunity to comment.