AR26-008 Staff Decision - Laserfiche WebLink

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Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Engineering Requirements: A. Transportation System Development Charges (TSDCs) and Parks fee will be assessed upon application for building permits. B. Utility service extensions such as electrical power originating from within the Hylo Road public R/W require a permit from MCPW Engineering. Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structure(s) and/or utilities installation on private property. If the overall building square footage exceeds 3,600 sq ft, including all living spaces, garage, and exterior covers, then the local fire district may have additional requirements related to fire apparatus access and available water supply and it is recommended applicants discuss this with their local fire chief. This discussion could have an impact on the design and future construction of the structure(s).” Marion County Septic requested the following be made a condition if the application were to be approved: Condition of Approval: A Site Evaluation is required to establish septic viability/minimum septic requirements. All other contacted agencies either failed to comment or stated no objection to the proposal. 7. A primary farm dwelling customarily provided in conjunction with farm use may be approved when the standards in Chapter 17.137.030(A) of the Marion County Code (MCC) are satisfied. These standards include: 1. It is located on high-value farmland, as defined in MCC 17.137.130(D), and satisfies the following standards: a. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use; The subject property is owned by the legal entity GBF LLC according to the property deeds provided by the applicant. A search of the Marion County Land Use Planning GIS viewer tool found that the only properties in Marion County owned by the legal entity GBF LLC are the subject properties. While the applicant’s statement indicates that the sole member of GBF LLC, Gregory Fries, owns other vineyards in the south Salem area, none of these vineyards are owned under the entity GBF LLC, and are therefore not owned under the same legal ownership. As such, since there are no other parcels under the same ownership used in the farming operation, there inherently are no dwellings on the entirety of the farming operation. Therefore, the criterion is met. b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $80,000 in gross annual income from the sale of farm products, not including marijuana. In determining gross annual income from the sale of farm products, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted; The applicant provided copies of their Schedule F IRS tax documents for the tax years 2023, 2024, and 2025. The tax documents provided were for a different entity than the land-owning entity. This second entity is named Fries Vineyards, LLC. The tax documents for Fries Vineyards, LLC also include the income generated by other vineyards owned by Gregory Fries through different entities. The applicant provided a letter from their accountant explaining that GBF LLC is responsible for generating income, but that it is a “disregarded entity for federal tax purposes, (and) all income and expenses from GBF LLC are reported directly on Gregory Fries’ individual income tax return.” To account for the combined income, the applicant provided additional documents clarifying what income was generated by the subject farm operation under GBF LLC. These include a letter from A to Z Wine Works LLC, which is the winery under contract to purchase the grapes produced by the vineyard. The letter