AR25-019 Staff Decision - Laserfiche WebLink

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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 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 applications. 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 September 3rd, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on September 4th, 2025, 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 (timber conservation) 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 southside of Wagner road approximately 2-miles northeast of Mehama. The parcel has a history of use for timber and Christmas tree production. The parcel contained a dwelling built in 1928, and two accessory structures, which were all destroyed by the Beachie Creek Wildfire in 2020. The property was described in 1954 (Volume 474 Page 299) in the same configuration it is described in today (Reel 3288 Page 389). The tax lots 300 & 400 do not match the deed descriptions. The deed describes three parcels, the one previously contained a dwelling is the western half of the northwest quarter of section 9 in township 9 south range 2 west. That “western half” is an approximately 80-acre parcel that includes the western half of tax lot 300 and all of tax lot 400. The approximately 40-acre eastern half of tax lot 300 is the “northeastern quarter of the northwestern quarter” of section 9 (T9S;R2W) which is described in as a distinct parcel in the deed. The third parcel is not directly adjacent, but is directly east of the other two parcels on Wagner road, and is the 40- acres that makes up the “northeastern quarter of the northeastern quarter of section 9 (T9S;R2W). Regardless of the tax account configuration, the description of the parcels making up this property have remained the same since prior to September 1st, 1977 and therefore all three parcels are legal for land use purposes. 3. All surrounding parcels at in the TC zone and in related uses for either timber or Christmas tree production with accompanying homesites. To the west are clusters of smaller parcels dedicated primarily to rural residential uses, and to the east are large parcels dedicated primarily to timber production. This entire area was affected by the Beachie Creek fires in 2020. 4. Soil Survey of Marion County Oregon indicate that tax lot 300’s timber production potential is as follows: Soil Name Total Acreage CU. FT/AC/YR Total Cu. FT./YR McCully clay Loam, 58.5 171 10,003.5 2 to 70 percent slopes Kinney cobbly loam, 16.8 182 3,057.6 2 to 20 percent slopes 5. The applicant is proposing to replace a dwelling on a 78-acre parcel in the Timber Conservation zone that was destroyed in the 2020 Beachie Creek Fire. 6. Various agencies were contacted about the proposal and given an opportunity to comment.