AR25-028 Staff Decision - Laserfiche WebLink

Home Browse Search

Specialty Code, Section R403.1.9. Discussion with a Building Plans Examiner is recommended prior to obtaining this assessment.” Marion County Septic provided the following comments: Conditions of Approval: An Authorization without a field visit is required. Additional Info: An authorization was previously approved on 10/11/22 under permit 555 -22-006922. Per OAR 340-071-0205(4), authorizations are valid to place a system into service within 1 year of authorization approval. Beachie Creek fire properties were granted an extension allowing connection within 2 years of authorization approval. As of 10/11/2024 the authorization under permit 555-22-006922 is out of date and a new authorization is required. All other commenting agencies either did not respond or stated no objection to the proposal. 6. 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 This application is to replace a dwelling lost in the 2020 Beachie Creek Fire. According to Marion County records the owners of the property took steps to reestablish their homesite within one year by cleaning up the property. Marion County aerial photographs show the previous dwelling (2019), the foundation after the fire (2021), and the cleaned up homesite (2025). The property is also on the “FIRE Marion ROEs” list, and all properties on this list are considered to have already commenced replacement. This administrative review constitutes the commencement of replacement prior to September 30, 2025; therefore, the above criteria are met, and the dwelling may be replaced. 7. Based on the above findings, it has been determined that the dwelling previously on the property may be restored or replaced. 8. 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. 9. A portion of the property is located within the identified 100-year floodplain of the North Santiam River. Based on the site plan submitted by the applicants, a portion of the dwelling appears to be within this area. A floodplain development permit may be required if the dwelling is sited as proposed on the site plan. However, regardless of any future floodplain permit requirements, the applicant will be required to sign and record a Floodplain Declaratory Statement as a condition of approval. This acknowledges the presence of 100-year floodplain on the parcel in or near the development area. Brandon Reich Date: September 24th, 2025 Planning Division Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer 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.