AR25-027 Staff Decision - Laserfiche WebLink

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8. 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 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 October 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 October 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 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 at 26875 North Fork Rd SE, on the north side of the North Fork Rd right -of-way, between 4 and 5 miles east along the path of North Fork Rd from its intersection with Hwy 22. The subject parcel consists of a hill that rises roughly 400 feet in elevation from the southern part of the property to the north. The northern portion contains an area that was forested and contains some living trees but mostly is still populated with trees that are significantly damaged by fire and likely are not alive. It does not appear that this portion of the property has been significantly cleared. The southern portion of the property is mostly cleared of burned trees and debris and shows the visible site of a former dwelling and the driveway into the property. Permit history of the property found a 1985 septic installation permit for the dwelling and the Marion County Fire ROE information listed the “year built” date of the dwelling as 1985 as well. A legal lot determination was not done for this case, as only the legality and existence of the dwelling is required. The permit history sufficiently demonstrates the former dwelling was legally established. This land use case does not constitute a determination of the legal lot status of the parcel for future land use cases. 3. Surrounding uses in the immediate area are mostly recreational and forestry related. Prior to the Beachie Creek (Canyon) wildfires of 2020, most of the surrounding properties were heavily forested and were used for either commercial timber or protected forest habitat. Two smaller properties on the east and west side of the subject parcel contain dwellings that were rebuilt after the wildfires. The large parcel to the north and west is owned by the United States government and is recovering forest land damaged by wildfire. Finally, the last major feature of note is Little North Santiam River 750 feet to the south of the subject parcel. 4. Soil Survey of Marion County Oregon indicate that 0% of the soils on the subject parcel are considered high value for farming. 5. The applicant is proposing to replace a dwelling on a 18.42-acre parcel on a TC (Timber Conservation) zoned parcel 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 (TSDCs) and Parks fee may be assessed upon application for building permits. Please note that a limited duration waiver on those assessments for properties