V26-006 Staff Decision - Laserfiche WebLink

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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 June 9th, 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 10th, 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 Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farming Use). The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. 2. The property is located approximately 1.5-miles northeast of Salem (as the quail flies) and approximately a half-mile south of Quail St NE which the property is addressed and accessed off. The property is developed with a home built in 1962 and two accessory structures. The property was the subject of a previous land use case in 1976 (CU76-076) and is therefore legal for land use purposes. 3. Surrounding properties in every direction are part of an approximately 350-acre tract of land zoned EFU and in use for nursery crop production. Approximately 750-feet to the northwest is the southeastern corner of a neighborhood off Poinsettia with about 15 dwellings on parcels under 1-acre on average, zoned EFU but in rural residential use. 4. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Division commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structure(s) and/or utilities installation on private property.” Marion County Surveyor’s Office commented asking if the location of the northern property line had been confirmed by a licensed surveyor. All other contacted agencies either failed to comment or stated no objection to the proposal. 5. The applicant is proposing to reduce the required 20-foot property line setback to 10-feet on the northern property line. This is to allow for the siting of an accessory structure. 6. To obtain a variance, the proposal must meet the criteria found in Marion County Code 17.122.020(A). These criteria are: 1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this title; and The subject property is zoned EFU and all current structures meet 20-foot setbacks to the property lines. The parcel is a 1.39-acre rectangular parcel. The western half of the parcel is developed with a single-family dwelling, driveway, and two accessory structures. The southeastern half of the property is dedicated to the existing septic system and repair area. There is an area of approximately 60’x150’ in the northern quarter of the parcel where another accessory structure could be build. The applicant is seeking a variance in order to build a 40’x72’ pole barn to store a tractor and other personal items. The size of the parcel and configuration of developments on the parcel creates a practical difficulty in establishing this proposed structure within the standard setbacks. The criterion is met. 2. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and The unusual size of this parcel does not generally apply to other parcels in the zone. The minimum parcel size in the EFU zone is 80-acres, so generally there is a very large area where an accessory structure could be placed that meets the standard 20-foot setbacks. In this case, the entire parcel is 1.39-acres and there is very little room for