PLA26-027 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any 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 thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. 7. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at (503) 588-5215 for verification of payments). 8. The parcel is not within the jurisdiction of any local fire district. As such, questions with regards to development standards and emergency response should be directed to the Oregon State Fire Marshall. 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 condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) 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. Requests for reconsideration, or consideration by a hearings officer, must be in writing (the form is available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on July 17th, 2026. If you have questions about this decision, contact the Planning Division at (503) 588 5038 or at the office. This decision is effective July 18th, 2026, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which 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 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, as well as fish and wildlife resources, and to provide for recreational opportunities and agriculture. 2. The subject property is located on the north side of North Santiam Highway (SR22) at the intersection of Niagara Heights Rd SE and North Santiam Hwy, on the northeast side of the intersection. Niagara Creek runs north -south across the parcel on its path to the North Santiam River to the south. The parcel was one of the properties impacted by the 2020 Beachie Creek wildfires and suffered significant damage. Prior to the fire, the parcel was wooded and contained a dwelling, accessory structure and some notable landscaping features including a fountain and a metal water wheel (both which survived the fire). The property was the subject of an Administrative Review case in 2025 where it was determined by the Planning Director to be a lawfully created parcel that had a lawful dwelling that was lost in the 2020 Beachie Creek fire and eligible for replacement (AR25-050). During the review it was noted that the parcel was made up of two separate legal lots. Therefore, the lots are legal for land use purposes. 3. Surrounding properties are all zoned TC, but they contain a variety of uses. To the east, on both the north and south sides of Hwy 22 are several smaller parcels in use as home sites. To the east is a commercial timber parcel owned by a private timber company. Further to the north are parcels owned by the State of Oregon that make up part of the Santiam State Forest. To the south across Hwy 22 is a parcel owned by Marion County that contains Niagara Park. 4. Soil Survey for Marion County, Oregon reports that the property is comprised of 69.5% non-high value soils. 5. The applicants are proposing to adjust the property lines on a 1.0-acre parcel and 0.97-acre parcel to create a 1.97- acre parcel to combine the historic property lines into one legal parcel.