AR26-009 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 restrictions or conditions thereon. The applicant is advised of the following: 8. The applicants should contact the St. Paul 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 regulations the Director must deny the application. Anyone who disagrees with the Director’s decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) 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. Appeals 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 July 22nd, 2026. If you have questions about this decision, contact the Planning Division at (503) 588 5038 or at the office. This decision is effective July 23rd, 2026, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject tract is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned Exclusive Farm Use (EFU). The intent of both designation and zone is to promote and protect commercial agricultural operations. 2. The subject property is at the end of Champoeg Creek Ln NE. The property is located approximately 1,700 feet north of the intersection of McKay Rd Ne and Champoeg Creek Ln NE. The property has a 2016 built dwelling and multiple agricultural structures. The proposed dwelling is currently an unoccupied old house that was being used as office space, which is now intended to be converted for the secondary farm dwelling. The farm use on the property consists of the raising and processing of poultry and marionberries. The subject parcel was once one legal parcel with tax lots 1301 and 1200. The owners at the time attempted to separate this parcel from the rest through PLA05-005, but this was denied to other unrelated land use violations. The owners at the time corrected these land use violations in and completed the proposed configuration through another property line adjustment application in 2006 (PLA06-044). This separated tax lot 1200 and 1301 from the subject parcel and combined them with tax lot 200. This is accompanied by the legal description in bargain and sale deed Reel 2813 Page 152. Therefore, the subject parcel is considered legal for land use purposes. 3. Surrounding uses consist of large scale commercial agricultural operations, with some containing acreage homesites. Champoeg Creek borders the subject parcel to the east and Case Creek borders it on the east. 4. Soil Survey of Marion County, Oregon indicates that 100% of the soils on the parcel are comprised of high-value farm soils. 5. The applicants propose to place a secondary farm dwelling to serve as a residence for a year-round farm operation employee. 6. Various agencies were contacted with request for comments: Marion County Building Inspection commented: “A Building permit, or other trades permit(s) may be required to be obtained to establish the proposed building as a secondary dwelling. Discussion with a building plans examiner and planner is recommended to address these permit(s) and those obtained previously.” Marion County Septic commented that a full site evaluation will be required for the secondary farm dwelling.