AR25-030 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding 6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 13. The applicants should contact the Gates Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 14. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding 5 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 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 20th, 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 21st, 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 Railroad Ave SE, immediately south of the intersection of Railroad Ave and Highway 22. The parcel was impacted by the 2020 Beachie Creek wildfires, which destroyed all the former structures and most of the trees on the property. The subject property was the subject of a previous land use case AR04-041, which approved as template test dwelling on the parcel. The parcel is legal for land use purposes. 3. Surrounding properties include TC zoned parcels to the north and east and a collection of AR (Acreage Residential) zoned parcels to the west. Properties to the south across the river are within Linn County. The TC zoned parcels contain a variety of uses, including smaller residential parcels, large commercial timber operations (mostly on the north side of Highway 22), and two forms of parks to the east: A private park on the immediately adjacent parcel and Packsaddle Park one further parcel to the east. The AR zoned parcels are entirely dedicated to residences. 4. The applicant is proposing to replace a dwelling on a 2.91-acre parcel in the TC zone 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. B. Any restorative utility service extension work within the Railroad Avenue public R/W requires a PW Engineering permit.