AR25-034 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 6th, 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 7th, 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 south of the private road Dewitt Ln SE, approximately 1000 feet southwest of where Dewitt Ln intersects with North Santiam Hwy (Hwy 22). The property is north of the North Santiam River, and the 100-year floodplain of this river encroaches on the southern half of the subject property. The parcel is entirely cleared of trees and has no structures, but prior to the 2020 Beachie Creek Fire contained a dwelling built in 1955 (according to information on the FIRE Marion ROE spreadsheet). The parcel has been in its current configuration since at least March 11, 1988 (Reel 607 Page 207). This property description was reflected on a survey from 1955 (Survey No. 14654), indicating this parcel existed in this configuration prior to the adoption of land use planning. Therefore, the parcel is considered legal for land use purposes. 3. All surrounding properties are zoned TC (Timber Conservation). Many are developed with replacement dwellings that were destroyed in the 2020 Beachie Creek Fire. 4. The applicant is proposing to replace a dwelling on a 0.54-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: “Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. Depending on the proposed location of the dwelling, a geotechnical investigation of the soils and descending slope to the Santiam River may be required by 2023 ORSC Section R403.1.9.2 & 403.1.9.3” Marion County Septic provided the following condition of approval: “An Authorization is required to connect a replacement dwelling to the existing septic system.”