AR25-035 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION ADMINISTRATIVE REVIEW CASE NO. 25-035 APPLICATION: Application of Logan and Heather Benjamin for an administrative review to replace two dwellings, one on a 26.17-acre parcel and another on a 36.00-acre parcel, in a TC (Timber Conservation) zone located at 10750 and 10754 Wagner Rd SE, Lyons (T9S; R2E; Section 7; Tax lot 800 & 1300). DECISION: The Planning Director for Marion County has determined that the residences were legally established and can be repaired, altered or replaced. EXPIRATION DATE: This decision is valid only when exercised by November 6th, 2029 (four years) unless an extension is granted. The effective period may be extended for two years subject to approval of an extension. Request for an extension must be submitted to the Planning Division prior to expiration of the approval (form available from the Planning Division). WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield replacement areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: 1. The applicants shall obtain all permits, including building, septic evaluations and installation, required by the Marion County Building Inspection Division. 2. An Authorization is required to connect the replacement dwelling to the existing septic system on both lots. If the dwelling on 10750 Wagner is proposed to move more than 100 feet from its current location, and a new system is proposed, a site evaluation followed by a construction-installation permit is required. If the dwelling on 10750 Wagner is proposed to move less than 100 feet from its previous location, and a new system is proposed, a major repair/alteration is required. 3. Prior to issuance of any building permit for the new dwelling, the applicants shall sign and submit a Declaratory/Farm-Forest Statement to the Planning Division. This Statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. 4. Prior to issuance of any building permit for a new dwelling, the applicants shall sign and submit a Replacement Residence Declaratory Statement to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director (for each dwelling). 5. The proposed dwelling shall be located substantially as shown on the site plan or be located consistent with MCC 17.114 to preserve previous setbacks for the dwelling. Minor variations may be allowed upon review and approval by the Planning Director. 7. The applicants shall provide a new site plan indicating the agreed upon location of the replacement dwelling before building permits shall be issued. 8. The owners shall maintain a fire hazard reduction plan as recommended by the Oregon Department of Forestry. 9. The proposed dwelling shall meet the fire protection and hazard reductions as listed in MCC 17.138.060.