PLA26-026 Staff Decision - Laserfiche WebLink

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6. The applicants should contact the Aurora 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 26th, 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 27th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned EFU (Exclusive Farm Use). The primary intent of both this designation and zone is to promote and protect commercial agricultural operations. 2. The properties are located between Grim Rd NE and Hubbard Cutoff Rd NE, approximately ½ mile north from where each road intersects with Highway 99E. The 49.58-acre parcel is accessed off Grim Rd NE and contains one 1917 built dwelling and is in active farm use. The 58.42-acre parcel has frontage on Hubbard Cutoff Rd NE and is undeveloped and in active farm use. Both properties are located north of Mill Creek. Deed research was done to determine the legality of the subject parcels. Tax lot 900 of Section 23B has been described since 1962 in its current configuration (Vol. 566 Page 621) and is therefore legal for land use purposes. Tax lot 100 of Section 22 was first described as one parcel together with Tax lot 101 in 1938 (V. 231 Pg 365). It is also owned by the Koenig family and is directly across Grim Rd NE from the subject parcel. These two tax lots were described again as one parcel in 1988 (Reel 621 Page 399). Tax lot 100 was not described separately until 1989 (Reel 698 Page 320). This deed description was not accompanied by any land use action that allowed for the lawful partitioning of the land. Because Tax lot 100 was not described on its own prior to 1977, nor was it separated by any land use action, it is considered to be one legal parcel combined with Tax lot 101. Therefore, staff is approving a modified version of this application using the following header: APPLICATION: Application of Jeff Koenig, Jill Koenig, and Tate Koenig for a property line adjustment to adjust the property lines on a 52.31-acre parcel and a 58.42-acre parcel to create a 61.73-acre parcel and a 48-acre parcel in an EFU (Exclusive Farm Use) zone located at 19896 Grim Rd NE, Aurora (T4S; R1W; Section 22, Tax lot 100 & 101; Section 23B, Tax Lot 900). 3. Adjacent properties on all sides are in commercial farm use and zoned EFU. Some are developed with acreage homesites. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% 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 49.58-acre parcel and a 58.42-acre parcel to create a 59-acre parcel and a 48-acre parcel. The new configuration will place the dwelling on a portion of what is now tax 900. This portion will be adjusted into tax lot 100. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: