PLA26-023 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any 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 t he place of, or relieve the responsibility for 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. 7. 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). 8. The applicants should contact the Stayton 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 July 13th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective July 14th, 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 at the terminus of Karg Ln SE, which is a private road easement that enters the public right-of-way onto the west side of Bean Alley Rd SE, roughly 1,450 feet south of the point where the Bean Alley Rd right-of-way ends. All three of the subject parcels involved in this proposal were part of a previous legal lot determination case AR23-026, which determined that all three parcels—as well as the dwelling that exists on tax lot 1400—were legally established and are legal for land use purposes. 3. Adjacent properties are entirely zoned EFU and consist of varying sizes of commercial agricultural operations. Most farms fields in the local area are dedicated to row crops, specifically grass seed or hay production, with some hazelnut orchards also established within a quarter mile of the subject parcels. A number of parcels in the immediate area are relatively small compared to the normal 80-acre minimum parcel size for the EFU zone, with a pattern of smaller parcels bordering Bean Alley Rd and Snoddy Dr SE. The western property line of all the subject parcels abuts an old railroad right-of-way which no longer contains any tracks. Of note, the parcels are located within the Santiam Water Control District and are crossed by two canals (the Karg Lateral and Tracy Lateral) and abut a 3rd (the Gilbert Lateral) under the water district’s control. 4. Soil Survey for Marion County, Oregon, indicates approximately 99.8% 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 13.96-acre parcel, a 13.80-acre parcel, and a 1.39- acre parcel to combine them into a single parcel of 27.81-acres. The applicants have indicated this proposal is related to the fees of the water control district. 6. Various agencies were contacted about the proposal and given an opportunity to comment.