AR25-040 Staff Decision - Laserfiche WebLink

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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 27th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective November 28th, 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, as well as fish and wildlife resources, and to provide for recreational opportunities and agriculture. 2. The subject parcel is located between Highway 22 and the North Santiam River approximately one quarter of a mile west of the intersection of Highway 22 and Pioneer Road SE along the private non-county Dewitt Lane SE. The parcel is comprised of two legal lots as reflected in the most recent deed (Instrument Number 2025-009887). In addition, the present configuration was first recorded in a 1955 survey (Survey 14654). The northern portion of the two lots are subject to a 40 foot easement in the approximate area as Dewitt Lane SE. The subject lot was the subject of a 1995 conditional use case (CU95-059) to place a dwelling on the parcel. This case also recognized the that the subject parcel is comprised of two legal parcels. A replacement dwelling must be situated completely on one of the two parcels, or a property line adjustment must be completed to make the parcel one legal parcel of land. The dwelling lost to the 2020 Beachie Creek Fire was on the eastern parcel referred to as “Tract A” on the deeds. Staff has determined that the subject parcels are legal for land use purposes. 3. Surrounding uses consist of small acreage residential properties in a similar TC zone along the north bank of the North Santiam River. To the north is State Highway 22. This is in an area the was burned by the 2020 Beachie Creek Fire. 4. The Soil Survey of Marion County Oregon tool indicates that approximately 100% of the soils on the property are non-high value soils. Soil Survey of Marion County Oregon indicates: Soil Name Total Acreage CU.FT/AC/YR Total CU.FT/YR Cumley silty clay loam, 2 to 20 percent slopes 1.1 195 214.5 5. The applicant is proposing to replace the dwelling that was destroyed by fire on this property. 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. 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 Inspection commented: Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. Depending on the proposed location of a dwelling or other structure(s), 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.