AR26-005 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions. It is recommended that the agencies mentioned in finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 11. The applicant should contact the Silverton Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 12. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 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 to 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 August 5th, 2026. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective August 6th, 2026, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Forest Land in the Marion County Comprehensive Plan and zoned TC (Timber Conservation). The purpose of the TC zone is to maintain forest land and protect the forest economy. Dwellings may be approved subject to the criteria in the zone. 2. The subject property is located on both sides of Abiqua Rd NE, approximately 2.65 miles south of where Abiqua Rd intersections with Briar Knob Loop NE. The property is currently vacant. The property was subject of land use case AR23-033, which was done to determine the number of legal lots between Tax lots 300 and 500. While the staff decision and hearings officer indicated these to be one lot of record, the board of commissioners overturned this decision in Order 24-102. This order determined that tax lots 300 and 500 comprise of two lots of record. Therefore, this parcel is considered legal for land use purposes. 3. Surround properties are also zoned TC with the majority being medium-to-large-sized undeveloped parcels. There are a few small parcels to the south and southeast and several homesites throughout the area. 4. The following table depicts the soil composition on the property and its capacity to produce wood fiber. 5. The applicant is proposing to establish a template test forest dwelling on the eastern side of the subject property , east of Abiqua Rd NE. 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. Soil Name Total Acres CU.FT/AC/YR Total CU.FT./YR McAlpin silty clay loam, 3%-6% slopes 6.5 184 1,196 McCully clay loam, 30%-50% slopes 4.5 171 769.5 McCully clay loam, 50%-70% slopes 5.4 171 923.4