PLA26-008 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 April 7th, 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 8th, 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 Farm 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 subject parcels are located at the terminus of 67th Ave NE about one half a mile south of the intersection of ___ 67th Ave NE and Labish Center Road NE. Tax lot 1201 is mostly vacant but includes a children’s play structure, small shed and the driveway for tax lot 1202 to the south. The parcel has existed in its current configuration since at least 1922 and is reflected in a 1922 survey (Survey 6657). The parcel is considered legal for land use purposes. Tax lot 1202 contains 1936 dwelling and multiple farm related buildings while the majority of the property appears to be principally dedicated to farming and agricultural purposes. The Little Pudding River runs through the middle of the property. The majority of the property is in the identified 100-year FEMA floodplain. The dwelling and farm buildings are mostly all out of the floodplain; leaving the northeastern corner as the ideal dwelling location and area where this property line adjustment will occur. The parcel has been described in its current configuration by deed since at least August 4, 1979, and was created in October 1975 by Reel 27, Page 1258 when the southeastern portion was partitioned off. The parcel is considered legal for land use purposes. 3. Adjacent properties are zoned EFU in all directions. 4. Soil Survey for Marion County, Oregon, indicates approximately 84.4% of the soils on the subject tax lot 1201 are classified as high value, while 89.8% of tax lot 1202 are classified as high value farm soil. 5. The applicants are proposing to adjust the property lines on a 1.33-acre parcel and a 66.69-acre parcel to create a 0.91-acre parcel and a 67.11-acre parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. No survey required for properties greater than ten acres per ORS 92.060 (8). 2. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review.