AR25-033 Staff Decision - Laserfiche WebLink

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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 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 November 4th, 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 November 5th, 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 north of North Fork Rd SE, approximately one mile northeast of where North Fork Rd SE intersects with the private road Elkhorn Woods Cr SE. The subject parcel is adjacent to North Santiam Park on its southeast corner. A stream from the Little North Santiam River runs through the north and south side of the subject property. The property is entirely within the point 3 value Geologically Hazardous Overlay, with a small amount in a point 6 value. The parcel is mostly cleared of trees and has no structures, but prior to the 2020 Beachie Creek Fire contained a dwelling (according to information on the FIRE Marion ROE spreadsheet). The Marion County Assessor’s Office confirmed that this property previously had a 1920 built dwelling on the property. The subject parcel is therefore considered legal for land use purposes. 3. All surrounding properties are zoned TC. Properties to the north and northeast are in active timber operation. Properties to the west and southwest are smaller lots that are developed with dwellings. The property to the east was a youth camp granted by a conditional use case. This entire area was destroyed by the 2020 Beachie Creek Fire, clearing most parcels of structures and heavy timber. 4. The applicant is proposing to replace a dwelling on a 39.85-acre parcel of Timber Conservation land 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. Marion County Building Department: commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of a dwelling and/or utilities installation on private property.” Marion County Septic provided the following comments: Condition of Approval: An authorization is required to connect the replacement dwelling to the existing septic system.