AR25-022 Staff Decision - Laserfiche WebLink

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tions 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 September 9th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on September 10th, 2025 unless appealed. 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 purpose of the TC (timber conservation) zone is to conserve forest lands by maintaining the forest land base and 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 property is located along the north bank of the Little North Santiam River, and on the southeast side of North Fork Road. The property is accessed off Elkhorn Woods Cr SE which is approximately 1.5 miles north of where Gates Hill Rd Meets North Fork Rd. The property is located on the northern end of a rural residential neighborhood in mixed TC and AR (Acreage Residential) zoning located north adjacent of the Elkhorn Golf Course. The dwelling was built in 1972 according to Marion County data from the inventory of property damaged in the 2020 Beachie Creek Fire. The property was created in its current configuration by a partition approved in 1991 (P92-060) and recorded in 1995 on partition plat PP95-126. Therefore, the parcel and dwelling are considered legally established for land use purposes. 3. All adjacent properties are in the TC zone. Surrounding properties to the north, east, and west are also in the TC zone. To the south is an area of AR zone lands adjacent to the P zoned lands that encompass the Elkhorn Golf Course. 4. Soil Survey of Marion County Oregon indicates that the subject parcel contains approximately 75-acres of Horeb gravelly silt loam, gravelly substratum, at slopes from 0 to 35 percent slopes. This soil type is estimated to be capable of production 195-cubic board feet annually per acre and therefore the estimated total annual cubic board feet this property could produce is approximately 14,925 Cu.Ft/Yr. 5. The applicant is proposing to replace a dwelling on a 80.24-acre tract of land in the Timber Conservation zone that was destroyed in the 2020 Beachie Creek Fire. 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. Engineering Requirements: A. Transportation System Development Charges (SDCs) & Parks fee are typically assessed upon application for building permits for a new dwelling. Credit for the prior dwelling since destroyed in the Beachie Creek (Canyon) Fire can be afforded through the end of calendar year 2025. Application made for building permits in 2026 and beyond will not be eligible for the Canyon Fire fee waiver. Marion County Building Department commented: “Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. During the building plan review of the proposed