PLA26-022 Staff Decision - Laserfiche WebLink

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obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. 5. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 6. The applicants should contact the Marion County No. 1 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 regula- tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) 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. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on June 17th, 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 18th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions upon which the decision is based are noted below. 1. The subject properties are designated Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located on the south side of Macleay Road SE in the 6800 block, just east of the intersection between Dunsmere Street and Macleay. Both properties are in residential use for homesites. Tax lot 5700 contains a dwelling built in 1952, and tax lot 5800 contains a dwelling built in 1976. Tax lot 5800 was a subject of Property Line Adjustment 23-026. In that land use case it was determined that tax lot 5800 and 5700 were separated in 1974, prior to the approval of the home built in 1976 on tax lot 5800. Both parcels are therefore considered legal for land use purposes. 3. Adjacent properties on the south side of Macleay Road are zoned SA and include parcels dedicated to rural residential use immediately adjacent to Macleay Road, and larger parcels dedicated to farm uses to the south of the parcels in residential use. To the west of the subject parcels and immediately adjacent parcel are lands zoned Acreage residential which are in use for rural residences. To the north of Macleay road are also lands zoned AR in residential use. This rural residential use pattern continues to the west of the subject parcels, with a significant neighborhood of AR zoned properties between 75th and 82nd Avenue, south of Macleay. 4. Soil Survey for Marion County, Oregon, indicates approximately 95.7% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 0.41-acre parcel and a 1.04-acre parcel to create a 0.41-acre parcel and a 1.04-acre parcel. The applicants are seeking to readjust property lines to maintain the same size of parcels, while creating more space between the home at 6832 Macleay (tax lot 5700) and the southern property line of that parcel, which is southwest of that dwelling. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: “-Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. -Survey checking fee required at the time of review