CU26-012 Staff Decision - Laserfiche WebLink

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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: 10. 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 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 Rd. NE, Salem, by 5:00 p.m. on June 5th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 6th, 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. The major purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation of commercial agricultural and forestry operations. A temporary manufactured home/RV under hardship conditions may be approved as a conditional use provided the need is justified and the residence will not have a detrimental impact upon the existing or potential farming and timber activity in the area. 2. The property is located at 12793 and 12803 Brick Rd SE on the southwest side of the Brick Rd right-of-way, roughly 750 feet northwest from the intersection of Brick Rd and Stayton Rd SE. The subject parcel is 30.00- acres in size and consists of 2 separate homesites and a farm field currently dedicated to grass seed. The homesite which is of specific focus for this application is located in the northeast portion of the parcel close to Brick Rd and has the assigned address of 12793 Brick Rd SE. The other homesite is located about 380 feet northwest of Stayton Rd SE in what can be described as the southeast corner of the property. The property was the subject of a prior land use case administrative review 07-040 (AR07-040), which approved the replacement of 2 manufactured dwellings on the 30-acre parcel. Based on the site plan from that application and findings of the case the two current dwelling sites are in the same location as the ones at the time of that application. Aerial imagery and obtained Google Streetview images show that the dwelling closest to Brick Rd was replaced and a new dwelling located nearby. The old dwelling is visibly gone in the May 2025 images, but the Marion County Tax Assessor’s information still has the dwelling assessed to the property. A comment on the Tax Assessor’s building diagram document states “verify decommissioned” indicating that an update may remove the old dwelling from the assessor information. As it stands, the two dwellings were established legally and the by the approval of AR07-040 the parcel is considered legal for land use purposes. 3. Surrounding uses are a mix of farming operations and some rural homesites not involved in agriculture. All immediately adjacent parcels are zoned EFU and all but one parcel abutting the southwest corner are engaged in farm operations. The only other parcels in the local area with a different zoning are located 1,000 feet to the northwest along Brick Rd where there are a number of Acreage Residential (AR) zoned parcels developed with single-family residences not related to farming. 4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm soils. 5. A signed Primary Care Provider Certificate has been submitted for Thomas and Florence Brown indicating they have medical conditions that preclude them from maintaining a complete separate and detached dwelling apart from their family.