PLA26-017 Staff Decision - Laserfiche WebLink

Home Browse Search

6. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 7. The applicants should contact the Monitor 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 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 May 28th, 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 29th, 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 both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located on the north side of Woodburn-Monitor Rd NE, approximately 200 feet east from the intersection between Monitor McKee Rd NE. Tax lot 200 is large and in active farm use. It abuts Butte Creek on the north side and contains a few accessory structures. The northernmost area of the parcel is within the 100-year floodplain. Tax lot 1300 is smaller and contains one 1925-built dwelling and an accessory structure. Tax lot 1300 was once approved for a hardship through CU82-087, however the hardship ceased in 2010 and the mobile home was removed from the property. Tax lot 1300 was described in 1975 (Reel 26 Page 1705) in its current day configuration. Tax lot 200 was described since 1960 as two parcels (Volume 538 Page 302). In 2016, the parcels were combined through PLA13-003 as the parcels were adjusted with the neighboring parcel to the west, creating the current configuration of the parcel. This deed was recorded in Reel 3851 Page 210. Therefore, the subject parcels are legal for land use purposes. 3. Adjacent properties to the north, east, and west are in commercial farm use. Many properties nearby are small and developed with acreage homesites. All adjacent properties are zoned EFU. Furthermore, the parcels are approximately 600 feet west of the unincorporated community of Monitor. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% 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 0.37-acre parcel, and a 67.22-acre parcel, to create a 1.81-acre parcel, and a 65.78-acre parcel. The new configuration is to correct the property lines that currently protrude through an existing building. This proposal will remedy the situation. 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.