AR25-030 Staff Decision - Laserfiche WebLink

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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 provided the following comments: Conditions of Approval: A major repair permit is required to final/install a system to serve a replacement dwelling. An authorization is also required for any part of the original system that is not replaced as part of the major repair permit. Additional Info: Septic files have this address currently as 34062 Railroad Ave SE, Gates. There is NO history of a permit to replace the tank or move drainlines. The Original Permit (555-22-004821-PRMT01) was taken out as a minor repair only to replace the alarm/control panel. Emails in the file note a desire to alter the drainfield and the permit application was rolled over to a Major repair on 03/10/2023. However, the file also notes that no further communication was received, and no follow-up permit was issued. Both the permit and authorization expired on 06/27/2025. 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. The original dwelling was approved through a land use case, AR04-041. The conditions of approval for the original case are still applicable to this replacement development. Those conditions have been added to the conditions of approval in this case and have been identified as such. Brandon Reich Date: October 3rd, 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.