AR25-031 Staff Decision - Laserfiche WebLink

Home Browse Search

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. 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 regula- tions 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 near the north bank of the Little North Santiam River off of North Fork Road - approximately 5.6 miles north of the City of Gates, Oregon along Gates Hill Road and North Fork Road. The property is located in an enclave of small acreage residential sites similarly zoned Timber Conservation (TC). This is an area that was burned in the 2020 Beachie Creek Fire in September 2020. Marion County Staff was able to find a 1979 deed (Volume 184, Page 1496) that matches the most recent 2022 deed (Reel 4594, Page 17) and a 1962 survey (Survey 17135) that describes the parcel in its current configuration. Additionally, there are records in the Marion County Fire Right of Entry (ROE) that the dwelling lost in the fire was built in 1972. Therefore, the parcel is considered legally established for land use purposes. 3. The majority of the surrounding area is also in the TC zone, however there is a pocket of Acreage Residential (AR) zoned located about 600 feet to the southwest. The majority of the immediately surrounding parcels are residential on small acreage TC homesites and additional small acreage homesites in the portions zoned AR. The subject parcel is within one half mile from a Public (P) zoned site that contains a golf course. 4. Soil Survey of Marion County Oregon indicates: Soil Name Total Acreage CU.FT/AC/YR Total Cu. FT./YR Horeb gravelly silt loam, 0.9 195 175 gravelly substratum, 0 to 15 percent slopes 5. The applicant is proposing to replace a dwelling on a 0.9-acre parcel of Timber Conservation land that was destroyed in the 2020 Beachie Creek Fire. The dwelling was established in 1972 according to Marion County data from the inventory of damaged property in the 2020 Beachie Creek Fire. 6. 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: