HO Decision (532) - Laserfiche WebLink

Home Browse Search

• IV. Executive Summary Applicant requests administrative review to determine whether a Measure 49 Order remains valid on two tax lots in and EFU in the 14300 block of Evans Valley Road NE, Silverton. The Administrative Review requests the Hearings Officer to make a legal determination whether the ten-year timeline was triggered by the conveyance of the subject property to the beneficiaries of the trust. The Hearings Officer determines that the distribution of the subject property from the trustee to the beneficiaries by warranty deed on June 14, 2010 was a conveyance that triggered the ten-year development clock. A dwelling was not established within ten years of the transfer. Therefore, the Measure 49 Order on the 13.53 acre property expired on June 14, 2020 the home site authorization is void. The Administrative Review application is DENIED. Although the Hearings Officer is bound to apply the Marion County Code, the text of Measure 49, and the Oregon Uniform Trust Code, the Hearings Officer agrees with the Applicant that this determination is an unfortunate and unintended termination of a valid Order. The subject property has remained in ,the family since the 1950s, and the Applicant is the grandson of the claimant. If the trust had not existed, the right to prosecute the Measure 49 claim and home site authorization would have passed to the claimant's living children without triggering the ten-year development period. It is especially unfortunate that at the time Applicant would have been able to timely establish a dwelling, the global COVID-19 pandemic likely precluded him from doing so. V. Findings of Fact The Hearings Officer, after careful consideration of the testimony and evidence in the record, issues the following findings of fact: 1. The property is located on the south side of Evans Valley Road NE, approximately 365 feet east of the intersection of Evans Valley Road NE and East View Lane NE. There are two parcels which are generally sloped downward in a southwest direction. The tax lots together are considered one legal unit of land. 2. Abutting properties in all directions are zoned EFU (Exclusive Farm Use). Properties to the north and south are zoned UT and in the City of Silverton's Urban Growth Boundary (UGB). Properties to the west are all single family residential in the City of Silverton. 3. Mary Ruhl Dodds filed a Measure 37 claim with the State of Oregon under ORS 197.352. Mary Ruhl Dodds was the settlor of the Norman L. Dodds and Mary Ruhl Dodds Family Trust was the "Claimant." West Coast Trust, formerly known as The Commercial Bank was the Trustee of the Norman L. Dodds and Mary Ruhl Dodds Family Trust. 2 Case No. AR 21-038 — ORDER Fogarty