CU26-018 Staff Decision - Laserfiche WebLink

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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 (the form is 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 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 June 27th, 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 and correspondingly zoned EFU (Exclusive Farm Use). The purpose 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 subject property is located on the east side of Wilco Highway NE (SR 214), approximately one half mile south of the intersection of Wilco Hwy NE and Downs Road NE. The 5.0-acre parcel identified as tax lot 500 (Tax Account 516421; Parcel 061W220000500), and contains a primary dwelling, and a conditional use medical hardship dwelling approved in June 2018 via land use case CU18-038. The property also contains at least 4 accessory structures, including a large barn/shop structure, a well and a septic system. The property was created in its current configuration by the approval of a Lot Line Adjustment case in 1996 (LLA96 -049). Therefore, the parcel is considered a legally created parcel and legal for land use purposes. 3. Surrounding properties in all directions are zoned EFU and in various types of farm use; to the south is Abiqua Creek and the FEMA designated flood plain that approaches the subject parcel. 4. The Marion County Soils Analysis tool identifies that 100% of the soils on the subject property are high value. 5. The manufactured dwelling was originally approved as a medical hardship for Maria Guevara under CU18-038. Available information indicates that Maria Guevara no longer occupies the dwelling. The applicants are requesting to use the existing manufactured dwelling so that they can provide daily care for Anita Paniagua Guevara. A signed Primary Care Provider Certificate has been submitted for Anita, confirming her need for daily assistance due to medical conditions 6. Various agencies were contacted about the proposal and given the opportunity to comment. Marion County Building Inspection commented: If the hardship dwelling is existing and no alteration to the location or structure is anticipated, and only the occupant is changing, then no concerns with this application and no permit(s) are required to be obtained. However, if the hardship dwelling is changing locations, or a different dwelling is being proposed, then permit(s) would be required to be obtained prior to the placement of the home and/or utilities installation on private property. Marion County Septic commented: A septic and soils site evaluation will be required. All other commenting agencies stated no objection to the proposal or failed to respond. 7. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in MCC 17.120.040. Those that apply to this case include: Use of a temporary mobile home, recreational vehicle, or existing building for the care of someone with a hardship may be approved as a conditional use subject to meeting the following criteria: A. For the purposes of this section: 1. “Absence” means that the person(s) for whom the hardship dwelling permit was granted has lived away from the hardship dwelling for less than 165 days per calendar year or less than 165 consecutive days; 2. “Aged or infirm person” means the person(s) suffering from a medical hardship or hardship due to age or infirmity that requires care to be provided;