AR25-038 Staff Decision - Laserfiche WebLink

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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 regula- tions 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 10th, 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 11th, 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 along North Fork Lane SE, 0.80 miles north east of its intersection with North Fork Road SE (approximately 5 miles north-east if the City of Gates, Oregon). The property has a 2021 dwelling and several accessory structures. The property was the subject of partition land use case in 1992 (P92-060) and a conditional use case in 1987 (CU87-006). However, the resultant actions occurred on land that is no longer part of this tax lot, and the final configurations are not sufficiently similar to be certain that the partition was completed as described in Partition 92-060. In 2021 that property owners applied for an Administrative Review to replace the dwelling on tax lot 701 (093E010000701). In this case Staff determined that both tax lots (TL 701 and TL 700) were legally created lots and that the owners could replace the dwelling on TL 701 that was destroyed in the 2020 Beachie Creek Fires. In 2021 the property owners were issued building permits for one of the dwellings that were lost on TL 700. Therefore, Staff has concluded that the parcel is legal for land use purposes. 3. Properties in all directions are zoned TC and consist of small acreage home sites and timberland. 4. Soil Survey of Marion County Oregon indicates: Soil Name Total Acreage CU.FT/AC/YR Total Cu. FT./YR Camas gravelly sandy loam 92.1 No Data No Data Horeb gravelly silt loam, gravelly substratum, 0 to 15 percent slopes 6.4 195 1,248.0 Horeb loam, 2 to 20 percent slopes 13.6 207 2,815.2 Whetstone stony loam, 55 to 75 percent slopes. 10.4 214 2,225.6 Total: 6,288.8. 5. The applicants are proposing to replace a dwelling on a 127-acre parcel of Timber Conservation land damaged in the 2020 Beachie Creek Fire. 6. 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. A limited duration waiver on Transportation System Development Charges (TSDCs) and Parks fee 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: