AR25-032 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 5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 12. The applicants should contact the Mill City 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. 13. 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 23rd, 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 24th, 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 on the south side of Sitkum St along the north bank of the North Santiam River within the Kalakala Subdivision. The subject property is assigned the address 26282 Sitkum St SE and was previously the subject of a land use case, CU94-039, which approved a non-forest dwelling on the parcel, a subsequent floodplain development permit, and a property line adjustment. It was later t he subject of another land use case, PLA04-034, that approved a property line adjustment with a neighboring parcel and created the lot in its current configuration. Therefore, the parcel is considered legal for land use purposes. It is important to note that at the time the original approval for the dwelling was done in 1994, the parcel was included in the floodplain maps. Since that time, the floodplain overlay has changed, and most of the subject parcel is no longer within the identified 100-year floodplain of the Santiam River. No new floodplain development permits are required for the replacement of the dwelling due to the updates of the floodplain overlay. 3. Surrounding properties are entirely TC zoned parcels. Most of the properties to the southwest are part of the Kalakala Subdivision and are developed with single-family dwellings. 300 feet to the north is the Highway 22 right- of-way and further beyond are a number of large commercial timber parcels. Other major features of note in the area are the North Santiam River and a large aggregate site on the southern side of the river across the county line. 4. The applicant is proposing to replace a dwelling on a 0.85-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.