AR25-036 Staff Decision - Laserfiche WebLink

Home Browse Search

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. 25-036 APPLICATION: Application of Andres Alvarez for an administrative review to replace a gas station and café destroyed by wildfire on a 7.62-acre parcel in a TC (Timber Conservation) zone located at 37359 North Santiam Hwy SE, Gates (T9S; R4E; Section 27; Tax lot 300). DECISION: The Planning Director for Marion County has determined that the use was legally established and can be repaired, altered or replaced. EXPIRATION DATE: This decision is valid only when exercised by December 8th, 2027 (two 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, authorizations and installation, required by the Marion County Building Inspection Division. 2. Per Marion County Septic: The applicants shall acquire septic authorizations (with field visits) to connect the café, gas station, and any proposed dwellings to the existing septic system(s). 3. Prior to issuance of any building permit for the new dwelling, the applicants shall sign and submit a Farm -Forest 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. 4. The owners shall maintain a fire hazard reduction plan as recommended by the Oregon Department of Forestry. 5. The proposed structures shall meet the fire protection and hazard reductions as listed in MCC 17.138.060. 6. The replacement structures for the gas station and café shall maintain a 200-foot minimum setback from the north, east, and west property lines. 7. The gas station and café shall not be reestablished to a size significantly larger than the previous extent of the development prior to the fire. 8. The applicant shall obtain any required permits for access from the Oregon Department of Transportation (ODOT). 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 5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. 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.