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AR25-020 Staff Decision
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AR25-020 Staff Decision
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Last modified
8/18/2025 1:03:28 PM
Creation date
8/18/2025 1:03:46 PM
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Land Use
Case_Number
25-020
Document_Date
8/18/2025
Land Use Type
Administrative Review
Tax_Lot_Number
093E02DC00500
Document_Type
Decision
Site_Address
9535 ELKHORN WOODS CIR SE
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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. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision <br />to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on <br />the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form <br />available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, <br />Salem by 5:00 p.m. on September 3rd, 2025. If you have questions about this decision contact the Planning Division at <br />(503) 588-5038 or at the office. This decision is effective on September 4th, 2025 unless appealed. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />1. The subject property is designated Forest in the Marion County Comprehensive Plan and zoned TC (Timber <br />Conservation). The purpose of the TC zone is to conserve forest lands by maintaining the forest land base and to <br />protect the forest economy by making possible economically efficient forest practices that assure the continuous <br />growing and harvesting of forest tree species as the leading use of forest land consistent with sound management <br />of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. <br /> <br />2. The subject property is located along the north bank of the Little North Santiam River off of North Fork Road - <br />approximately 5.6 miles north of the City of Gates, Oregon along Gates Hill Road and North Fork Road. The <br />property is located in an enclave of small acreage residential sites similarly zoned Timber Conservation (TC). <br /> <br /> Marion County Staff was able to find a 1966 deed (Volume 639, Page 205) that matches the most recent 2020 <br />deed (Reel 4284, Page 467). Therefore, the parcel is considered legally established for land use purposes. <br /> <br />3. The majority of the surrounding area is also in the TC zone however there is a pocket of Acreage Residential <br />(AR) zoned located about 600 feet to the southwest. The majority of the immediately surrounding parcels are <br />residential on small acreage TC homesites and additional small acreage homesites in the portions zoned AR. The <br />subject parcel is within one half mile from a Public (P) zoned site that contains a golf course. <br /> <br />4. Soil Survey of Marion County Oregon indicates: <br /> <br /> Soil Name Total Acreage CU.FT/AC/YR Total Cu. FT./YR <br /> Horeb gravelly silt loam, 0.2 195 39 <br /> gravelly substratum, <br /> 0 to 15 percent slopes <br /> <br /> Horeb gravelly silt loam, 1.0 195 195 <br /> gravelly substratum, <br /> 15 to 35 percent slopes <br /> <br />5. The applicant is proposing to replace a dwelling on a 1.24-acre parcel of Timber Conservation land that was <br />destroyed in the 2020 Beachie Creek Fire. The dwelling was established in 1963 according to Marion County data <br />from the inventory of property damaged in the 2020 Beachie Creek Fire. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />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 />
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