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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
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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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Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br /> ENGINEERING REQUIREMENTS <br />A. Transportation System Development Charges (SDCs) & Parks fee are typically assessed upon application for <br />building permits for a new dwelling. Credit for the prior dwelling since destroyed in the Beachie Creek <br />(Canyon) Fire can be afforded through the end of calendar year 2025. Application made for building permits <br />in 2026 and beyond will not be eligible for the Canyon Fire fee waiver. <br />B. Utility extension work in the public right-of-way requires a permit from PW Engineering. The permit fee may <br />be waived within the aforementioned calendar extension due to the Canyon Fire policy. <br /> <br />Marion County Building Department: commented: “No Building Inspection concerns. Permit(s) are required to be <br />obtained prior to the development of structures and/or utilities installation on private property.” <br /> <br />Marion County Septic commented: “An authorization is required to connect the replacement dwelling to the <br />existing 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 <br />commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any <br />other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, <br />were damaged 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 <br />the cleaned up homesite (2023). This administrative review constitutes the commencement of replacement prior to <br />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 18th, 2025 <br />Planning Division Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact John Speckman 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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