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AR25-038 Staff Decision
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AR25-038 Staff Decision
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Last modified
10/24/2025 10:35:43 AM
Creation date
10/24/2025 10:35:54 AM
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Land Use
Case_Number
25-038
Document_Date
10/24/2025
Land Use Type
Administrative Review
Tax_Lot_Number
093E010000700
Document_Type
Decision
Site_Address
9908 NORTH FORK LN SE
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Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private <br />property. Depending on the proposed location of the dwelling, a geotechnical investigation of the soils and <br />descending slope to the Santiam River or ascending slope may be required by 2023 ORSC Section R403.1.9.2 & <br />403.1.9.3. <br /> <br />Marion County Septic commented: <br />Conditions of Approval: An Authorization or major repair permit will be required to repair or connect to the <br />existing system. <br />Additional Info: A major repair permit was applied for to replace the tank and drainfield in 2021 under permit <br />#555-21-008010. This permit expired without any inspections on 09/29/2022. A new major repair permit will be <br />required to proceed with the repair to the drainfield. <br /> <br />All commenting agencies did not respond or stated no objection to the proposal. <br /> <br />7. Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the <br />restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act, must <br />commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any <br />other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, <br />were damaged 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 a dwelling lost in the 2020 Beachie Creek Fire. According to Marion County records <br />the owners of the property took steps to reestablish their homesites. Aerial images from 2016 and 2019 indicates <br />that the three dwellings were intact, then the imagery from the 2020 Beachie Creek Fires indicates that the three <br />dwellings were destroyed. 2021 Imagery indicates that they property owners had the three dwelling sites cleared <br />and the roads and driveways re-established. Aerial imagery also shows that many of the damaged trees were cut <br />down, and the land cleared. <br /> <br /> The Marion County Right-of-Entry (ROE) database indicates that the property owners worked with FEMA and <br />the State to clean up wildfire debris, and the Marion County Tax Accessor’s information indicates that at least one <br />of dwellings was built in 1968. <br /> <br /> For the purposes of reestablishing a dwelling lost 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 may be restored <br />or replaced. <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 24th, 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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