AR25-025 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION ADMINISTRATIVE REVIEW CASE NO. 25-025 APPLICATION: Application of Jean and Christopher Ratto for an administrative review to determine the number of legal lots on a total of 43.39-acres in an EFU (Exclusive Farm Use) zone located at 17865 Butteville Rd NE, Aurora (T4S; R2W; Section 36; Tax lot 1200). DECISION: The Planning Director for Marion County has determined that tax lot 1200 of Section 36 is TWO LEGAL SEPERATE parcels of land for Planning purposes. WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield replacement areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. 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. It is recommended that the agencies mentioned in the Findings and Conclusions section, #6, be contacted to identify restrictions or necessary permits. 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 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 October 9th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective October 10th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (EXCLUSIVE FARM USE). The intent of both the designation and zone is to provide areas for continued practice of commercial agriculture and to protect commercial agricultural operations. 2. The subject property is located on both sides of Butteville Road, approximately 0.2 miles north of the intersection of Butteville Rd NE and Sleepy Hollow Rd NE. The western portion of the property lies west of the railroad; the tax lot itself contains three different portions. The western portion is undeveloped and appears to be unused. The section between the railroad and Butteville Rd NE is in active farming operation and contains a dwelling constructed in 1935. The easternmost portion, east of Butteville Rd NE, is in active farm operation and contains multiple greenhouses and farm buildings. The parcel has been described in its current configuration since 1976 (R. 45 Pg. 492). Therefore, this parcel is considered legal for land use purposes. 3. Surrounding properties are all zoned EFU and in active farming operations, with some containing dwellings. 4. Soil Survey of Marion County, Oregon indicates that the subject parcel consists of 99.9% high-value soils.