AR25-036 Staff Decision - Laserfiche WebLink

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Marion County Building Department: commented: “Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. It is recommended construction documents be prepared by an Oregon registered design professional to address all (but not limited to) fire and life safety, structural, and hazardous materials provisions of the 2022 Oregon Structural Specialty Code. If application will be made after April 1, 2026, then these documents shall be prepared to the 2025 Oregon Structural Specialty Code.” Marion County Septic provided the following comments: Conditions of Approval: The café, gas station, and any proposed dwellings are required to acquire a Septic Authorizations with field visits to connect to the existing septic system(s). Note: The Septic Authorizations may or may not be approved. It is recommended that the applicant hire a consultant to determine expected sewage flows for the proposed buildings. The Oregon State Fire Marshall commented that the subject property is not within any structural fire department jurisdiction. All other commenting agencies either did not respond or stated no objection to the proposal. 6. Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act, must commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged or destroyed by wildfires that were: 1. The subject of a federal or state major disaster declaration; or 2. Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610. ▪ 2021 Ore. ALS 25; 2021 Ore. Laws 25; 2021 Ore. SB 405 This application is to replace a gas station and café structure on the property that were destroyed as part of the 2020 Beachie Creek wildfire. The subject structures were visibly present on the property in images leading up to the fire, both in the 2019 aerials and in Google Streetview images from prior to the fire. The compound (previously named “Little Sweden”) is also called out in the 1987 case specifically, so the uses were longstanding and considered legally established at the time of a land use decision. The uses of a gas station and café are not outright permitted or conditional uses within the TC zone, so this is a replacement of a non-conforming use destroyed by these wildfires. The applicant began cleanup efforts on the property within a year of the fire. Piles of felled burned logs and paths made by an excavator on the property are visible in the 2021 aerial imagery. 7. Based on the above findings, it has been determined that the gas station and café structure were lawfully established on the parcel and may be replaced, subject to meeting all modern development standards for commercial developments of this type. 8. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an adverse impact on a residence. Brandon Reich Date: November 21st, 2025 Planning Division Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.