AR25-045 Staff Decision - Laserfiche WebLink

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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 correspondingly zoned TC (Timber Conservation). The TC zone is applied in areas where the soils are predominantly forest Class I through VI and where the existing land use pattern is predominantly large commercial forest ownerships managed as commercial Timber. 2. The subject parcel is located on the west side of North Fork Ln SE, which is a private road off of North Fork Rd SE. The subject parcel is just over an acre in size, and is located within an acute corner of the north fork of the north Santiam river. The parcel has existed in its current configuration since at least December 1st, 1976 when it was described in a deed recorded on Reel: 641, Page 488 in the Book of Land Records for Marion County Oregon. The subject parcel is therefore legal for land use purposes. 3. The entire area around the subject parcel was affected by the Beachie Creek fire of 2020. Surrounding uses in the immediate area adjacent to the river are small parcels, some in residential use. These smaller parcels are nestled between the private road (North Fork Ln SE) and the river. South and east of the private road are large tract commercial timberlands. The subject parcel is near the northern edge of an area of mixed rural residential use near the river, this neighborhood is itself just north of the Elkhorn Golf Course. 4. The Soil Survey of Marion County Oregon tool incorrectly indicates that approximately 50% of the soils on the property are water. The other 50% indicated (which constitutes 100%) is entirely Camas Gravelly Sandy Loam, a class 4 high value soil. There is no annual board feet estimate for this soil type. 5. The applicant is proposing to replace the dwelling that destroyed by the 2020 Beachie Creek Fire on this property. 6. Various agencies were contacted about the proposal and given an opportunity to comment. 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), and the supporting soils, a geotechnical investigation of these soils may be necessary to determine the feasibility of the soils to adequately support replacement structure(s), as addressed in ORSC R401.4 .” Marion County Septic commented: “We have reviewed the proposal for AR 25-045 and our comments are as follows: Conditions of approval: An authorization is required to connect any replacement structures to the existing septic system.” All other commenting agencies either stated no objection to the proposal or did not comment. 7. The replacement dwelling criteria are being applied directly from state law, ORS 215.291, it reads as follows: 1. The dwelling to be altered, restored or replaced has, or formerly had: a. Intact exterior walls and roof structure; b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; c. Interior wiring for interior lights; and d. A heating system; The applicant submitted evidence in the form of pictures of the home before and after the wildfire destroyed it, a septic site plan and bids for clean up after the wildfire that show the dwelling that used to be on the property formerly had intact walls and roof structures, plumping connected to a well and septic system, and heating system consisting of at the very least a fireplace. Lights on the external walls of the home indicate that the previous dwelling had electricity. The dwelling was built in 1963 and in good condition up until the time it was destroyed by wildfire. While no pictures or evidence of a kitchen were submitted, it is unreasonable to assume that habitation of this structure for at least 70-years occurred without a kitchen. The former dwelling meets the criteria of a dwelling as required by this criterion. 2. An application under this section must be filed within three years following the date that the dwelling last possessed all the features listed above.