AR25-021 Staff Decision - Laserfiche WebLink

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Marion County Building Department: commented: Permit(s) are required to be obtained prior to the development of structure(s) and/or utilities installation on private property. Marion County Septic commented: A Certificate of Satisfactory Completion was issued for the septic system on 09/13/2024. The system is authorized to connect to a 3BDRM replacement dwelling for 5 years following the issuance of the Certificate of Satisfactory Completion. If no connection has been made after 5 years (9/13/2029) or if an increase in flow is proposed, an authorization will be required. All commenting agencies did not respond or stated no objection to the proposal. 7. Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act, must commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged or destroyed by wildfires that were: 1. The subject of a federal or state major disaster declaration; or 2. Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610. ▪ 2021 Ore. ALS 25; 2021 Ore. Laws 25; 2021 Ore. SB 405 The applicants state that the dwelling was established in the early 1980’s and that they inherited the property from the George Johnson family in 2023 who purchased the property on or before 1965. The dwelling was subsequently destroyed in the 2020 Beachie Creek Fire. This application is to replace a dwelling lost in the 2020 Beachie Creek Fire. According to the applicants, they have taken steps to reestablish their homesite. The applicants state that they have made efforts to remove hazardous materials and fire debris from the site, removed dead or dying trees and removed the concrete basement walls and footings. They further state that the homesite was backfilled and compacted with engineered fill in preparation for construction. The septic tank system was inspected, tested, and repaired (Marion County Permit 555-21-000222-PRMT). They further state that the site has a well, suitable for domestic use. Aerial photographs indicate that there was a dwelling on the property and that it no longer existed after the 2020 Beachie Creek Fire. There is some evidence that there was an effort to clean up the tree debris and reestablish the driveway; the above criteria are met. 8. Based on the above findings, it has been determined that the dwelling previously on the property may be restored or replaced. 9. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an adverse impact on a residence. Brandon Reich Date: August 18th, 2025 Planning Division Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.