AR25-036 Staff Decision - Laserfiche WebLink

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10. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding 5 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 December 8th, 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 December 9th, 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 on the north side of Highway 22, roughly 1.33 miles east following the path of the highway from the intersection of Niagara Heights Rd SE and Highway 22. The subject parcel was partially impacted by the 2020 Beachie Creek wildfire and several old structures were destroyed. However, some of the structures survived the disaster. This includes a 1995 assessed dwelling and one accessory structure west of the house that was at one time referred to as a cabin. Prior to the fire, the parcel contained several other structures, including an old gas station building, café, and several old cabin structures. Research into the history of the parcel, including old site plans, previous permits, and a conditional use for a medical hardship CU87-089 found that there was only one legal dwelling on the parcel at the time of the fire. There were several accessory structures identified as “old cabins” and “old house” on the site plans, but none of these were assessed as dwellings going back to at least the 1980’s. Further, in the reconsideration of CU87-089, Finding #8 states that the reconsideration was approved on the basis that any unoccupied dwellings on the parcel were to be rendered unlivable and that there is “only one permanent dwelling on the property”. The medical hardship dwelling remained on the parcel until it was reconfigured into its current configuration, leaving the 1995 dwelling as the only dwelling structure on the property. The parcel was most recently the subject of a partition and property line adjustment case P/PLA15-012, which created the parcel in its current configuration. Therefore, the parcel is considered legal for land use purposes. 3. Surrounding properties include parcels primarily dedicated to forest habitat preservation. The subject parcel is surrounded by a property owned by the Confederated Tribes of the Warm Springs Reservation that was also created by P/PLA15-012 for the purpose of creating wildlife habitat and open space. The only other neighboring property owner is the State of Oregon, which owns several timber parcels and an old railroad right-of-way on the south side of Highway 22. Of additional note, the parcel is roughly 1.33 miles northwest as the crow flies from Big Cliff Dam. 4. The applicant is proposing to replace two structures that were destroyed by the 2020 Beachie Creek wildfire that were previously a gas station and a café. 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) 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. B. Utility service extension replacement / restoration from within the public R/W requires permitting through MCPW Eng.