AR25-031 Staff Decision - Laserfiche WebLink

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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 Specialty Code, Section R403.1.9. Discussion with a Building Plans Examiner is recommended prior to obtaining this assessment. Marion County Septic commented: Conditions of Approval: An authorization with a field visit is required to connect the replacement dwelling to the existing drainfield. A minor repair permit is required to replace the tank. Additional Information: Marion County does not have records of the existing septic system on this property. A full 8-page Existing System Evaluation Report on the drainfield is required with the authorization application. If repairs or replacement of the drain field is needed, a major repair permit will be required. All other 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 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. Aerial photographs indicate that there was an effort to clean up the tree debris and reestablish the driveway. In addition, imagery exists showing a building on the parcel and post fire images indicate a footprint of the building’s foundation. The Marion County Tax accessor had the dwelling listed as being built in 1972 - before current land use regulations were adopted. The applicants state that the dwelling’s remains were removed by State of Oregon contractors as well as the hazardous trees. Subsequently the soil was tested and declared safe for building purposes. The septic tank and well were destroyed during the fire and cleanup activities. There is now electrical service available at the lot. For the purposes of reestablishing a dwelling lost in the 2020 Beachie Creek Fire, 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: September 24th, 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.