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AR25-035 Staff Decision
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AR25-035 Staff Decision
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Last modified
10/22/2025 12:47:56 PM
Creation date
10/22/2025 12:48:28 PM
Metadata
Fields
Template:
Land Use
Case_Number
25-035
Document_Date
10/22/2025
Land Use Type
Administrative Review
Tax_Lot_Number
092E070001300
Document_Type
Decision
Site_Address
10750 AND 10754 WAGNER RD SE
Additional Info
092E070000800
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land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged <br />or destroyed by wildfires that were: <br /> <br />1. The subject of a federal or state major disaster declaration; or <br />2. Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS <br />476.510 to 476.610. <br />▪ 2021 Ore. ALS 25; 2021 Ore. Laws 25; 2021 Ore. SB 405 <br /> <br /> This application is to replace two dwellings lost in the 2020 Beachie Creek Fire on two different parcels of land. <br />According to Marion County records the owners of the property took steps to reestablish their homesite s. Marion <br />County has records that the owners, at the time, had their land cleared with the help of the State and their parcels <br />(TL 200, 700, 800, 1300) are in the Marion County Right of Entry (ROE) database. <br /> <br /> Aerial imagery from 2000, 2010, 2016, and 2019 indicates that TL 800 had at least three structures on the property <br />and that TL 1300 also had at least one structure on the property. Imagery from 2020, after the Beachie Creek Fire, <br />shows the remains of buildings in similar locations that were previously shown in aerial imagery. Imagery from <br />2021 provides evidence that the burned structures and trees were being cleared and the land being restored. <br />Subsequent imagery from 2023 and 2025 also shows that both parcels have been cleared of fire debris and attempts <br />to restore driveways were made. In addition, TL 800 had an agricultural exempt structure built along with several <br />other accessory structures and other agricultural related structures. For the purpose of reestablishing dwellings lost <br />in the 2020 Beachie Creek Fire, the above criteria are met. <br /> <br />8. Based on the above findings, it has been determined that the dwelling previously on the property, parcel <br />092E070000800 (Tax Acct. 540826) and the dwelling on parcel 092E070001300 (Tax Acct. 540824) may be <br />restored or replaced. The dwellings to be replaced shall be situated in the same locations as the previously existing <br />dwellings as possible. Pursuant to MCC 17.138.020 (E)(4) and MCC 17.138.070 (C). For tax lot 800, the Planning <br />Director approved a new location approximately 150 feet north of the original dwelling. <br /> <br />9. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement <br />as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an <br />adverse impact on a residence. <br /> <br /> <br />Brandon Reich Date: October 22nd, 2025 <br />Planning Division Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact George Brandt at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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