AR26-004 Staff Decision - Laserfiche WebLink

Home Browse Search

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. 26-004 APPLICATION: Application of Wilson Property Investments LLC for an administrative review to determine the number of legal lots on five tax lots of 4.18-acres, 2.10-acre, 5.47-acres, 3.28-acres, and 1.97-acres in an EFU (Exclusive Farm Use) zone located at 22674 North Santiam Hwy SE, Lyons (T9S; 2W; 18A; Tax Lots 1900, 2000, 2200, 2400 & 2600). DECISION: The Planning Director for Marion County has determined that there are 2 legal lots within the 5 tax accounts: Tax lot 1900 (Tax account 541075; Parcel 092E18A001900) comprise one tax lot and one legal parcel of 5.03 acres. Tax lot 2000 (Tax account 541074; Parcel 092E18A002000) comprise one tax lot and one legal parcel of 2.10 acres. Tax lot 2200 (Tax account 541069 Parcel 092E18A002200) comprise one tax lot of 5.47 acres and is not a legal parcel. Tax lot 2400 (Tax account 541061; Parcel 092E18A002400) comprise one tax lot of 3.28 acres and is not a legal parcel. Tax lot 2600 (Tax account 541062; Parcel 092E18A002600) comprise one tax lot of 1.97 acres and is not a legal parcel. 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 regulations 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 applicat- ions. 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 June 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 June 23rd, 2026, 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 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 parcels are located approximately one quarter of a mile west of the intersection of Highway 22 (Santiam Highway) and Jennie Rd SE. All parcels involved are zoned EFU and are mostly undeveloped land, with the exception of tax lot 2000 and 2600. Tax lot 2000 has a 1973 dwelling and related accessory structures. Tax lot 2600 has two buildings on the property. Tax accounts 1900 and 2000 were created by a partition land use case in 1987