VADJ26-004 Staff Decision - Laserfiche WebLink

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9. The applicant should contact Aumsville Fire District and obtain a copy of the District’s Recommended Building Access and Identification Guidelines. For personal and property safety it is recommended that the applicant follow these guidelines. 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 $250) 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 May 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 May 27th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding SA (Special Agriculture) zone is to promote the continuation of a wide range of farm operation sizes and varieties. 2. The property is located at the terminus of Peter Rd SE, on the south side of Beaver Creek. The parcel contains a dwelling built in 1964, a few small accessory structures, and a large new accessory structure (Pole Barn 555-24- 002229) which has been developed without permits into a dwelling unit. The applicant proposes redeveloping a portion of this structure into a guest facility. The parcel has existed in its current configuration since at least July 22, 1977 as recorded in Reel 89 Page 1329 in the book of land records for Marion County, and is therefore legal for land use purposes. 3. Surrounding properties in every direction consist of various sized parcels in the EFU zone in a mixture of residential and large farming and agricultural uses. 4. Soil Survey of Marion County Oregon indicates 19.8% of the subject property is high-value farm soils. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Code Enforcement commented: “Our office has an open case on this property as of 02/23/2026. The complaint was regarding the use of a structure that was initially permitted as a pole barn. The property owner then turned the structure into an additional dwelling unit. During our investigation, we were informed the building was being lived in by the owner’s daughter and grandchild. Complainants witnessed people going in and out of the structure with what appeared to be groceries and other items daily, indicating they were living in the structure. Our office later discovered the structure was a two -bedroom apartment with a kitchenette and a full operational bathroom, all of which were not permitted, and no permits were applied for. If the structure is allowed to become a guest facility, the concern would be that the property owner would revert it back into an ADU. The property owner should be made aware that citations would be issued if this were to occur.” Marion County Building Division commented: “Permit(s) are required for the conversion of a residential accessory structure into a guest facility. Depending on the original construction of the accessory shop building, an engineered analysis of the existing building may be required to determine if the building meets a Risk Category II building and whether any floor framing is adequate to support a 40 psf live load. Discussion with a building plans examiner is recommended prior to obtaining this engineered structural analysis.”