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S <br /> 7. The Claimant's qualification for one home site is subject to the following term: <br /> 1. Each dwelling must be on a separate lot or parcel, and must be contained <br /> within the property on which the claimant is eligible for Measure 49 relief The <br /> establishment of a dwelling based on this home site authorization must comply <br /> with all applicable standards governing the siting or development of the dwelling. <br /> However, those standards must not be applied in a manner that prohibits the <br /> establishment of the dwelling, unless the standards are reasonably necessary to <br /> avoid or abate a nuisance, to protect public health or safety, or to carry out <br /> federal law. <br /> Based on the site plan provided by the applicant, the proposed homesite is located on <br /> tax .lot 1600, which was included as part of the property on which the claim was <br /> approved. The homesite will be required to meet the siting standards contained within <br /> MCC 17.136.100 at the time of building permits. Based on the site plan submitted, the <br /> proposed homesite appears to meet the minimum setbacks of 20 feet from all property <br /> lines within the EFU zone. This criterion is met. <br /> 8. The Claimant's qualification for one home site is subject to the following term: <br /> 2. This home site authorization will not authorize the establishment of a <br /> dwelling in violation of a land use regulation described in ORS 195.305(3) or in <br /> violation of any other law that is not a land use regulation as defined by ORS <br /> 195.300(14). <br /> The applicant is not requesting any of the uses that are described in ORS 195.305(3) or <br /> a use that is a violation of any other law that is not a land use regulation as defined by <br /> ORS 195.300(14). The applicant is requesting to place one house on the property that <br /> was approved under Measure 49 Election Claim Number E133582. This criterion is <br /> met. <br /> 9. The Claimant's qualification for one home site is subject to the following term: <br /> 3. A claimant is not eligible for more than 20 home site approvals under <br /> Sections 5 to 11 of Measure 49 regardless of how many properties a claimant <br /> owns or how many claims a claimant filed. If the claimant has developed the limit <br /> of twenty home sites under Measure 49, the claimant is no longer eligible for the <br /> home site approval that is the subject of this order. <br /> The applicant has not developed the limit of twenty home sites under Measure 49 and is <br /> not requesting twenty home sites as part of this review. This criterion is met. <br /> 7 <br /> Case No. AR 21-038 — ORDER <br /> Fogarty <br />