AR25-028 Staff Decision - Laserfiche WebLink

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8. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding 6 below, that may be required. 9. The proposed location of the replacement dwelling as shown on the site plan submitted with the application would place a portion of the dwelling within the 100-year floodplain of the North Santiam River. Prior to approval of building permits, the applicants shall acquire approval of a floodplain development permit with Marion County , a Letter of Map Amendment (LOMA) from FEMA, or other satisfactory requirement of the floodplain administrator if the dwelling is sited as proposed. 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 regulations 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 October 9th, 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 October 10th, 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 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 along the north bank of the North Santiam River off Santiam Park Rd SE. The subject parcel is adjacent to North Santiam Park on its southeast corner. The parcel is currently cleared of trees and structures, but prior to the 2020 Beachie Creek Fire contained a dwelling that (according to information on the FIRE Marion ROE spreadsheet) was assessed as a 1971 dwelling. The parcel has been in its current configuration since at least January 6, 1972 (Vol 718 Page 780) and both the dwelling and parcel are legal for land use purposes. 3. All surrounding properties within Marion County are zoned TC. Properties to the east are smaller lots, some of which contain (or previously contained) vacation dwellings that were part of the same development as the subject lot. To the west is a parcel owned and operated by Marion County Parks Division as North Santiam Park (formerly North Santiam State Recreation Area). Finally, to the south is the main stem of the North Santiam River and Linn County. 4. The applicant is proposing to replace a dwelling on a 0.50-acre parcel of Timber Conservation land that was destroyed in the 2020 Beachie Creek Fire. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Engineering Requirements: A. Transportation System Development Charges (TSDCs) and Parks fee may be assessed upon application for building permits. Please note that a limited duration waiver on those assessments for properties impacted by the September 2020 Beachie Creek Fire is currently in place until the end of calendar year 2025. Marion County Building Department: commented: “Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. Prior to plan review approval for a proposed replacement single family dwelling, a geotechnical assessment of the soils and slopes under and around the proposed homesite may be required to be submitted to meet the code requirements from the 2023 Oregon Residential