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For the purposes of regulating dwellings and structures existing at the time the TC zone is applied, the following <br />regulations shall apply: <br /> <br /> A. Legally established dwellings existing when the TC zone is applied shall be considered in conformance with the <br />TC zone and may be repaired, altered, enlarged or replaced pursuant to MCC 17.137.020(D) or 17.137.030(E). <br /> <br /> B. Legally established structures accessory to a dwelling or a farm or forest use and existing when the TC zone is <br />applied shall be considered in conformance with the TC zone and may be repaired, replaced, altered, or enlarged. <br />New structures shall be permitted if accessory to a legally established dwelling existing when the TC zone is applied. <br /> <br /> C. Notwithstanding MCC 17.114.070, if a legally established non-resource use exists in the TC zone and is <br />unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous <br />nature and extent, but the reestablishment shall satisfy other building codes, ordinances and permit requirements. <br />Efforts to reestablish the use shall commence within one year of destruction of the use or structure. <br /> <br /> Tax assessor records indicate that the original dwelling on this property was built in 1963. The dwelling was <br />destroyed during the Beachie Creek Fire in 2020. Within one year of the fire, the applicant cleared the property. <br />Although the efforts to reestablish began within one year of destruction, the applicant has not been able to complete <br />the reestablishment of this non-resource use. The applicant seeks administrative review to ensure that they will be <br />able to complete the efforts which began within one year of destruction of the use. The criterion is met. <br /> <br />9. MCC 17.138.030D(6) In the case of replacement, the replacement dwelling shall meet siting requirements set forth <br />in MCC 17.138.060(A)(2) or (3). <br /> <br /> 17.138.060 Special use and siting requirements. <br />3. Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in <br />subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria: <br /> a. The site will have the least impact on nearby or adjoining forest or agricultural lands; <br /> b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be <br />minimized; <br /> c. The amount of agricultural and forest lands used to site access roads, service corridors, the dwelling and <br />structures is minimized; and <br /> d. The risks associated with wildfire are minimized. <br /> <br /> The applicable siting requirements are found in 17.138.060A(3). The proposed location of the replacement dwelling <br />is within the footprint of what was previously a garage. Outside of the existing footprint, the dwelling must comply <br />with all standard setbacks from property lines and the high watermark of the river. The subject parcel is relatively <br />small for a rural parcel that depends on well and septic. It is not possible to meet the special siting requirements <br />from the parcel in timber production to the southeast. Options for structure location are extremely limited on this <br />parcel. The proposed site will not have any adverse impacts in the forest operations in the area, nor will it increase <br />the risks of wildfire in this area. The criterion is met. <br /> <br />8. 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 />9. Based on the above findings, it has been determined that the proposal complies, or can be conditioned to comply, <br />with the criteria in the Marion County Code and is, therefore, APPROVED, subject to conditions. <br /> <br /> <br />Brandon Reich Date: November 26th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision please contact John Speckman at (503) 566-3981. <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.