PLA26-011 Staff Decision - Laserfiche WebLink

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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 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 properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use). The primary intent 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 properties are located on the west side of Saratoga Dr NE, approximately 1.5 miles northeast of the intersection with Howell Prairie Rd NE. Tax lot 2500 is bordered by Howell Prairie Creek. Tax lot 300 was approved to operate an agricultural equipment fabrication and repair business as a commercial activity in conjunction with farm use (CU23-019). The property has one manufactured home, which replaced a pre-existing dwelling in 2024. Tax lot 2500 contains multiple farm buildings, one dwelling built in 1937, and one manufactured home. The manufactured home was approved as a secondary farm dwelling through case CU82- 028. The applicant representative asked staff to determine whether the secondary farm dwelling on tax lot 2500 must be removed from the property. The consensus for secondary farm dwellings is that they must be removed if they are no longer attached to the land used to qualify for it. Because the secondary farm dwelling will now be located on three 3-acre parcel, it will be separated from the land it was used for. However, evidence provided in the case file and by the applicant representative state that there was an existing second mobile home at the time CU82-028 was applied for. The case states that were two existing homes at the time of the application and the proposed dwelling was taking the place of one of these homes. Furthermore, applicant representative Norm Bickell lived in the main dwelling on the property in the years of 1968-1969. Norm testified that a second dwelling from the 1800s existed on the property at that time and another family rented that house out. Both Norm and Planning staff believe CU82-028 have been a replacement residence permit rather than a secondary farm dwelling. Norm’s testimony provides evidence that home was there prior to the establishment of Marion County’s Comprehensive Plan. This testimony will be located in the case file. Staff determined there were two legal non-conforming homes on this property and one of them was replaced by secondary farm dwelling, which unnecessary to keep the home. Staff made the determination that this is a pre- existing home and there is no need for the classification of a secondary farm dwelling. Therefore, the applicants are allowed to keep the dwelling on the 3-acre parcel and will be provided with a Release of Manufactured Home Removal Agreement to remove the initial agreement from the deed for the property. 3. Adjacent properties are all zoned EFU and are primarily engaged in agricultural uses. The surrounding lots are of various larger acreages, with most being 30-acres or larger. Most homes in the area are pre-existing non- conforming. 4. Soil Survey for Marion County, Oregon, indicates approximately 97.4% of the soils on the subject tax lots are classified as high value.