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Concord13IIIY 5.Type 001Acres 55 6.The applicants are proposing to replace the existing dwelling on the property. 7.Alteration, restoration or replacement of a legally dwelling is a permitted under Section 136.020 (e) of the Marion County Rural Zoning Ordinance (MCRZO) when the dwelling: (a)Has a deterioration rating of 50 percent or more in good condition in the current county Assessors records. (b)In the case of replacement, the replaced dwelling is removed, demolished or converted to an allowable non- residential use within three months of the occupancy of the replacement dwelling. (c)In the case of replacement of a manufactured dwelling, the unit to be replaced is a manufactured home as defined in ORS 446.003 [manufactured after June 15, 1976]. (d)If the dwelling to be replaced is located on a portion of the lot or parcel not zoned EFU, SA (Special Agriculture) or FT (Farm Timber), the applicant shall execute and record in the deed records a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this section regarding replacement dwellings have changed to allow the siting of another dwelling. 8.A review of Marion County Assessor records and aerial photo- graphs of the area indicate that the dwelling was legally established prior to the property being zoned. In addition, the records indicate that the deterioration rating of the dwelling is 50 percent in good condition. The proposal meets 7(a). The requirement in 7 (b) can be made a conditional of approval and the standards in 7 (c) and (d) do not apply to this request. 9.Based on the above discussion, Planning Division staff concludes the existing dwelling was legally established and may be altered, restored and/or replaced. Craig O. LuedemanDate: 2-28-00