AR25-047 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. 25-047 APPLICATION: Application of Tate Koenig and Kimberly Culver for an administrative review to determine the legal lot status of a total of 1.32-acres in an EFU (Exclusive Farm Use) zone located at 13552 Arndt Rd NE, Aurora (T4S; R1W; Section 2B; Tax lot 1101). DECISION: The Planning Director for Marion County has determined that tax lot 1101 (Tax Account 510242; Parcel 041W02B001101) is not a legal lot or parcel. It comprises one parcel with TL 1100 of Section 02B. 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 the 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 January 2nd, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective January 5th, 2025, unless appealed. 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. 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 properties are located on the south side of Arndt Road NE, approximately 1,200 feet west of the intersection of Arndt Road NE and Boones Ferry Road NE. Tax lot 1101 (tax account 510242, Parcel 041W02B001101) does not contain any known dwellings but does have at least one accessory structure. Tax lot 1101 is one lot of five lots that the applicants own in the immediate vicinity. The other tax lots are: Tax account 510253; Parcel 041W02B001400. Tax account 510246; Parcel 041W02B001500. Tax account 510245; Parcel 041W02B001600. Tax account 510254; Parcel 041W02B001700. Tax lots 1400-1700 were determined to be one legal parcel in Administrative Review case 20-031 (AR20-031); this case did not address TL 1101. 3. Surrounding properties to the north are in Clackamas County. Surrounding properties in all other directions are zoned EFU and are primarily in agricultural use. 4. Soil Survey of Marion County Oregon indicates 97% of the subject property is comprised of high-value farm soils. 5. The applicant is requesting a determination if this is a separate legal parcel. 6. Various agencies were contacted about the proposal and given an opportunity to comment.