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• • 12. On May 3, 2019, the Justine C. Fogarty Revocable Living Trust conveyed 100% ownership of the subject property to Joshua N. Fogarty (Reel 4193, Page 208), the current property owner and Applicant. 13. On or about July 16, 2019, Applicant Joshua Fogarty obtained a septic permit for a single-family dwelling at the subject property. (Ex. 108) 14. On or about October 17, 2019, Applicant Joshua Fogarty received a Building Permit for residential plumbing at the subject property. (Ex 109). 15. On or about June 26, 2019, Applicant Joshua Fogarty received Approval of Application for an Agricultural Building at the subject property. (Ex. 110) 16. The Applicant proposed to place one home on the subject property and a site plan was submitted by the Applicant that proposed a homesite located on Tax Lot 1600, which was included as part of the property on which the Measure 49 claim was approved. 17. The Marion County Planning Division requested comments: Marion County Building Inspection commented: "There are no building inspection issues noted. Marion County Septic commented that a septic installation permit (555-19- 004990-PRMT) was finalized on August 30, 2019 after the inspector gave the final inspection on August 29, 2019. Friends of Marion County commented that the application should be denied as the applicant should have been aware of the 10 year deadline imposed by Measure 49. Friends of Marion County also allege that a commercial business (concrete contractor) is being operated out of a building that was approved as an agricultural exempt structure. Department of Land Conservation and Development (DLCD) commented that based on the evidence provided by the applicant, the Measure 49 claim has expired because the owner who obtained the authorization conveyed the property by warranty deed on June 14, 2010. DLCD commented that the transferees were not the owner's spouse and were not the trustees of a revocable trust, and the warranty deed transfer in 2010 started the 10-year clock, and a dwelling was not established within 10 years of the transfer. Patrick Fogarty commented that he is the father of the applicant, and the sone in law of Mary Ruhl Dodds. Mr. Fogarty commented that the subject property is not farmable land and was never operated as a farm. He commented that the subject property was purchased by the Dodds in the 1950s and that it is the 4 Case No. AR 21-038 - ORDER Fogarty