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AR25-018 Staff Decision
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AR25-018 Staff Decision
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Last modified
8/15/2025 9:02:42 AM
Creation date
8/15/2025 9:03:02 AM
Metadata
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Land Use
Case_Number
25-018
Document_Date
8/15/2025
Land Use Type
Administrative Review
Tax_Lot_Number
092E160000500
Document_Type
Decision
Site_Address
728 PIONEER RD SE
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<br />B. Utility extension work in the public right-of-way requires a permit from PW Engineering. The permit fee may <br />be waived due to the Canyon Fire waiver. <br /> <br />Marion County Building Department: commented: “Permit(s) are required to be obtained prior to the development <br />of structures and/or utilities installation private property. A geotechnical assessment of the soils and descending <br />slope to the riverbank may be needed during plan review for a proposed repla cement dwelling, depending on the <br />location of the home, distance from the edge of the slope, and the height of the slope above the river, according to <br />2023 ORSC R403.1.9.2 and/or 403.1.9.4.” <br /> <br />Marion County Septic commented: A site evaluation was conducted under permit 555-20-008051-EVAL. A <br />Construction-installation permit is required prior to the installation of the septic system. <br /> <br />All commenting agencies did not respond or stated no objection to the proposal. <br /> <br />7. Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the <br />restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act, must commence <br />no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any other local <br />land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged <br />or destroyed by wildfires that were: <br /> <br />1. The subject of a federal or state major disaster declaration; or <br />2. Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS <br />476.510 to 476.610. <br />▪ 2021 Ore. ALS 25; 2021 Ore. Laws 25; 2021 Ore. SB 405 <br /> <br /> This application is to replace a dwelling lost in the 2020 Beachie Creek Fire. According to Marion County records <br />the owners of the property took steps to reestablish their homesite within one year by cleaning up the property. <br />Marion County aerial photographs show the previous dwelling (2019), the foundation after the fire (2021), and the <br />cleaned up homesite (2023 & 2025). This administrative review constitutes the commencement of replacement prior <br />to September 30, 2025; therefore the above criteria are met, and the dwelling may be replaced. <br /> <br />8. Based on the above findings, it has been determined that the dwelling previously on the property may be restored <br />or replaced. <br /> <br />9. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement <br />as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an <br />adverse impact on a residence. <br /> <br /> <br />Brandon Reich Date: August 15th, 2025 <br />Planning Division Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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