AR26-007 Staff Decision - Laserfiche WebLink

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Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of a secondary dwelling and/or utilities installation on private property.” Marion County Septic commented: “Unable to locate any history for the septic system that serves 4743 Raybell – an Existing System Evaluation report will be required with an authorization application + associated fees.” All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for approving a secondary farm dwelling on high value farmland is contained in MCC 17.136.030(B): 1. The primary dwelling and the proposed dwelling will each be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm uses, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator. The primary dwelling on the farm is occupied by the owners who are the principal operators of the farm and the applicants. The applicants state that the proposed secondary dwelling will be occupied by the applicant’s son and his family, and their daughter and her family. Both children of the current principal operators are themselves primarily engaged in the farm operation. The son manages the irrigation system, pump maintenance, field preparation, and the harvesting, processing, and delivery of hay. Their daughter takes care of the sheep, cows, and other animals. She manages the berry, fruit, and vegetable harvests. She also drives tractor and takes care of mowing and discing fields. Both children also assist in managing the u-pick operation on site and the seasonal pumpkin patch. The criterion is met. 2. There is no other dwelling on lands in the EFU, SA or FT zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm and could reasonably be used as an additional farm dwelling. The farm operator owns and resides in the primary farm dwelling on the property. The applicant used to own a secondary farm dwelling on the same property, but that previous secondary farm dwelling was destroyed in an accidental fire on April 30, 2025. There are no other dwellings on lands in the EFU, SA, or FT zones owned by the farm operators. The criterion is met. 3. The proposed dwelling will be located: 1. On the same lot or parcel as the primary farm dwelling; or 2. On the same contiguous ownership as the primary dwelling, and the lot or parcel on which the proposed dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the same ownership; or 3. On a lot or parcel on which the primary farm dwelling is not located, when the secondary farm dwelling is limited to only a manufactured dwelling with a deed restriction filed with the county clerk. The deed restriction shall require the additional dwelling to be removed when the lot or parcel is conveyed to another party. Occupancy of the additional farm dwelling shall continually comply with subsection (B)(1) of this section; or 4. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable State Building Code or similar types of farm worker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. The county shall require all accessory farm dwellings approved under this subsection