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of a dwelling. The dwelling approved by that floodplain permit permit was itself approved to be replaced in 2023 <br />by Administrative Review AR 23-002. Having been the subject of these land use cases, the subject parcel is legal <br />for land use purposes. <br /> <br />3. Surrounding lands are zoned EFU in all directions. The surrounding properties are a mix of rural residences <br />scattered between large agricultural operations primarily engaged in production of grass seed and hazelnuts. <br /> <br />4. Soil % of Parcel SCS Soil Class High Value? <br /> Camas gravelly sandy loam 1.3% IIII Yes <br /> Cloquato silt loam 66.2% II Yes <br /> Fluvents-Fluvaquents complex 32.5% VI Yes <br /> <br />5. The applicants propose to place a manufactured dwelling within the 100-year floodplain of the North Santiam <br />River to replace a home that was destroyed by fire on December 25, 2020, and approved for replacement by <br />AR23-002. <br /> <br />6. Various government agencies were contacted with Requests for Comment. <br /> <br /> Marion County Land Development, Engineering, and Permitting commented: <br /> <br /> “ENGINEERING REQUIREMENT <br /> A. Transportation System Development Charges (SDCs) & Parks fee are assessed upon application for <br /> building permits for a new dwelling. Fee credits for a prior existing dwelling is afforded for a period of <br /> up to one year from the date of last occupancy of the removed dwelling.” <br /> <br />Marion County Building Division commented: “Permit(s) are required to be obtained prior to the placement of a <br />replacement manufactured home. Please revise the site plan to identify the floodplain or floodway. If the entire <br />property is located within one of these areas, please note this upon the site plan. Please also note the proposed <br />floor elevation above the flood area.” <br /> <br /> Marion County Septic commented: “Septic has no comments on the subject RFC. An active major repair permit <br />has been issued for the house to connect to. 555-25-001054” <br /> <br />All other contacted agencies failed to comment or stated no objection to the proposal. <br /> <br /> 7. The purpose of the Floodplain Overlay Zone is to promote public health, safety and general welfare to minimize <br />public and private losses due to flood conditions. The criteria and standards which must be satisfied are listed in <br />Section 17.178.050 and 17.178.060 of the Marion County Code (MCC). <br /> <br />8. The property is within Marion County, but appears to have been within Linn County at some time in the past, and <br />is still on a Flood Insurance Rate Map (FIRM) that is titled for Linn County. The FIRM is #41043C0045G and it <br />indicates that the proposed placement site is within an undefined Zone A floodplain. Through a review of LOMA <br />denials on the property, it was determined that the applicants base flood elevation at the proposed homesite is <br />335.7’ (NAVD 88). It was also determined that the base flood elevation at the alternative homesite is 334.5’ <br />(NAVD 88). <br /> <br />9. MCC chapter 17.178.050 (Conditional Use procedures and requirements) B-E pertain to this permit: <br /> <br />B. When base flood elevation data and floodway data have not been provided in accordance with <br />MCC 17.178.030, the applicant, with the assistance of the floodplain administrator, shall obtain and <br />reasonably utilize any base flood elevation data or evidence available from a federal, state or other <br />source in order to determine compliance with the flood protection standards. If data are insufficient, the <br />floodplain administrator may require that the applicant provide data derived by standard engineering <br />methods. <br /> <br />It is important to note again that this parcel was previously part of Linn County, and is currently still <br />considered within a Linn County FIRM (Flood Insurance Rate Map). Linn County measures flood <br />elevations using NAVD 88, as opposed to Marion County which still uses NVGD 29. <br /> <br />The property owners have applied for two LOMAs to remove the highest two sections of the property