AR25-034 Staff Decision - Laserfiche WebLink

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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. Brandon Reich Date: October 22nd, 2025 Planning Division Director/Zoning Administrator If you have any questions regarding this decision, contact Gillian Peden 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.