AR25-039 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. 25-039 APPLICATION: Application of Kirk Living Trust for an administrative review to determine the number of legal lots on a total of 4.50-acres in an EFU (Exclusive Farm Use) zone located at 4667 St Paul Hwy NE, Saint Paul (T4S; R2W; Section 20C; Tax lot 1000). DECISION: The Planning Director for Marion County has determined that tax lot 1000 of Section 20C is ONE LEGAL parcel 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 December 8th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 9th, 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 the north side of St Paul Hwy NE, approximately 1.5 miles west of the intersection of St Paul Hwy NE and French Prairie Rd NE. The property is also located approximately 600 feet east of the Urban Growth Boundary of St Paul. The property contains a dwelling built in 1968, and Mission Creek runs through the western portion of the lot. The parcel has been described in its current configuration since 1970 (Vol. 685 Pg. 334). Therefore, this parcel is considered legal for land use purposes. 3. Surrounding properties are all zoned EFU. Many are in active farming operation, while the smaller surrounding parcels are developed with acreage homesites. 4. Soil Survey of Marion County, Oregon indicates that the subject parcel consists of 93.1% high-value soils.