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• <br /> Applicant's dream to live on his grandparents' nonfarmable land. Applicant was <br /> issued a building permit for an agricultural building and a house and permit for a <br /> common septic to serve the agricultural building and a dwelling. Mr. Fogarty <br /> commented that Covid hit and time passed before Applicant was ably to apply for <br /> the building permit. <br /> Aileen Kaye commented that the Application should be denied because the <br /> Applicant did not meet the deadline that is established by law. Pat and Mary <br /> Fogarty commented that Covid-19 had a major impact on the State of Oregon <br /> and that the State and County took measures to ease the impact on its citizens. <br /> Many government offices were closed or restricted and that the State and the <br /> County extended timelines. <br /> Pat and Mary Fogarty also commented that the County made sure that the <br /> approved septic was adequate for a 2,000 square foot house on the subject <br /> property. <br /> Other contacted agencies had no comment or stated to objection to the <br /> Application. <br /> 18. Attorney for Applicant, Alan Sorem, argues that upon the death of Mary Dodds, <br /> the interests of the beneficiaries in the property "became a real property interest." The <br /> Applicant argues that Measure 49 and the Oregon Uniform Trust Code should be <br /> interpreted to conclude that after the death of the settlor and original claimant (Mary <br /> Ruhl Dodds), the "Trustee and the Beneficiaries were co-owners of the Property — each <br /> with a recognized ownership interest in the property." Under such a conclusion, the ten- <br /> year development period would not have been triggered by the warranty deed because <br /> the beneficiaries were already "owners" of the property interest. <br /> 19. The Marion County Planning Division recommended denial of the application <br /> based the expiration of the ten-year timeline on June 10, 2020. If the hearings officer <br /> grants the Application, staff recommends the following conditions be applied: <br /> A. The applicant shall obtain all permits required by the Marion County <br /> Building Inspection Division, including any septic permits. <br /> B. Prior to issuance of a building permit, the applicant shall sign and submit a <br /> Farm/Forest Declaratory Statement to the Planning Division. This <br /> Statement shall be recorded by the Applicant with the Marion County <br /> Clerk after it has been reviewed and signed by the Planning Director. <br /> 5 <br /> Case No. AR 21-038 — ORDER <br /> Fogarty <br />