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9. The requirements set forth in MCC 17.138.060 (H) shall be made a condition of approval. OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect 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 the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions. The applicant is advised of the following: 10. The applicant 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 to with adopted land use policies and regula- tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County Hearings Officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applicat- ions. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on November 12th, 2024. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 13th, 2024, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Forest in the Marion County Comprehensive Plan and zoned TC (Timber Conservation). The purpose of the TC zone is to conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. 2. The subject property is located on the north side of Kubin Rd SE, In the 10,000 block. Kubin Rd is a non-county gravel road. The property is currently vacant and was burned in the Beachie Creek Fires of 2020. A stream flows through the northeast corner of the property. The parcel was found to be legal in land use case AR03-016 which also approved a template dwelling, but it was never built, the parcel was described by deed on June 14, 1977 (Reel 86, Page 701). 3. Properties in all directions are zoned TC and used to be forested but are now recovering from the 2020 fires. 4. Soil Name Total Acreage CU.FT/AC/YR Total Cu. FT./YR McCully 100% 171 3336.21 5. The applicant is proposing to place a dwelling on the property using the template test. 6. Marion County Building Department commented that building permits would be required for the dwelling. All other commenting agencies stated no objection to the proposal. A single-family dwelling, subject to the special use and siting requirements in MCC 17.139.070, may be allowed on a lot or parcel predominantly devoted to forest use on January 1, 1993, provided: 7. According to Chapter 17.138.030(B) of the Marion County Code (MCC) a single-family dwelling subject to the special use and siting requirements in MCC 17.139.070 may be allowed provided: