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AR25-019 Staff Decision
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AR25-019 Staff Decision
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Last modified
8/18/2025 12:32:01 PM
Creation date
8/18/2025 12:32:34 PM
Metadata
Fields
Template:
Land Use
Case_Number
25-019
Document_Date
8/18/2025
Land Use Type
Administrative Review
Tax_Lot_Number
092E090000300
Document_Type
Decision
Site_Address
10006 WAGNER RD SE
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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you <br />own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The <br />proposal and address of the property is described in the "Application" section below. The decision in this case does not <br />directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have <br />questions, contact the staff person listed at the end of this report. <br /> <br />NOTICE OF DECISION <br />ADMINISTRATIVE REVIEW CASE NO. 25-019 <br /> <br />APPLICATION: Application of HVS Properties LLC for an administrative review to replace a dwelling on a 78-acre <br />parcel located in the TC (Timber Conservation) zone located at 10006 Wagner Rd SE, Lyons (T9S; R2E; Section 9; Tax <br />lot 300, 400). <br /> <br />DECISION: The Planning Director for Marion County has determined that the residence was legally established and <br />can be repaired, altered or replaced. <br /> <br />EXPIRATION DATE: This decision is valid only when exercised by September 3rd, 2029, unless an extension is <br />granted. The effective period may be extended for two years subject to approval of an extension. Request for an extension <br />must be submitted to the Planning Division prior to expiration of the approval (form available from the Planning <br />Division). <br /> <br />WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield <br />replacement areas, this parcel may not be able to support the propos al. To be sure the subject property can accommodate <br />the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. <br /> <br />This decision does not include approval of a building permit. <br /> <br />CONDITIONS: <br /> <br />1. The applicants shall obtain all permits, including building, septic evaluations and installation, required by the <br />Marion County Building Inspection Division. <br /> <br />2. Prior to issuance of building permits for the new dwelling, the applicants shall sign and submit a Farm/Forest <br />Declaratory Statement (enclosed) to the Planning Division. This Statement shall be recorded by the applicant <br />with the Marion County Clerk after it has been reviewed and signed by the Planning Director. <br /> <br />3. The proposed dwelling shall be located substantially as shown on the site plan or be located consistent with MCC <br />17.114 to preserve previous setbacks for the dwelling. Minor variations may be allowed upon review and <br />approval by the Planning Director. <br /> <br />4. The owners shall maintain a fire hazard reduction plan as recommended by the Oregon Department of Forestry. <br /> <br />5. The proposed dwelling shall meet the fire protection and hazard reductions as listed in MCC 17.138.070. <br /> <br />OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect any covenants or <br />restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or <br />fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for , <br />obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned <br />in Finding 6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />6. The applicants should contact the Stayton Fire District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />7. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding 6 below, that may be required.
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