PLA26-001 Staff Decision - Laserfiche WebLink

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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 regula- tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) 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. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on March 2nd, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective March 3rd, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which decision was based are noted below. 1. The subject properties are designated Forest in the Marion County Comprehensive Plan and correspondingly zoned TC (Timber Conservation). The primary intent of both this designation and zone is 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 properties are located along the north bank of the North Santiam River off Santiam Park Rd SE. The parcels are adjacent to North Santiam Park on its southeast corner. Tax lot 300 is cleared of trees and structures and previously contained a dwelling prior to the 2020 Beachie Creek Fires. Tax lot 400 is cleared of trees yet consists of a 2022 built single family dwelling. Tax lot 300 was the subject of land use case AR25-028, which allowed the applicants to replace a dwelling. Tax lot 400 was has been in its current configuration since 1974 (R. 5 Pg. 405). Both parcels are legal for land use purposes. 3. All surrounding properties within Marion County are zoned TC. Properties to the east are smaller lots, some of which contain (or previously contained) vacation dwellings that were part of the same development as the subject lot. To the west is a parcel owned and operated by Marion County Parks Division as North Santiam Park (formerly North Santiam State Recreation Area). Finally, to the south is the main stem of the North Santiam River and Linn County. 4. Soil Survey for Marion County, Oregon, indicates both parcels are approximately 1005 high-value farmland. 5. The applicants are proposing to adjust the property lines on a 1.32-acre parcel and a 0.5-acre parcel to create a 0.91-acre parcel and a 0.91-acre parcel. 6. Various agencies were contacted with requests for comment. Marion County Surveyor’s Office commented: • Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. • Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office per ORS92.190(4). • Survey checking fee required at the time of review. Public Works Land Development, Engineering, and Permits commented: ENGINEERING REQUIREMENT A. The two subject parcels share an access approach and driveway from Santiam Park Road. MCSR #25466 depicts one 20-foot wide access easement on each parcel for the benefit of the other. It is required to concurrently record a new access easement across #25225 for the benefit of #25255 at the time new deeds are recorded to preserve legal access on behalf of #25255. There are two issues behind the Requirement: