Staff Decision - Laserfiche WebLink

Home Browse Search

Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Septic commented: “An authorization is required to connect to the existing septic system.” The Marion County Tax Accessors office had no comments. All commenting agencies either stated no objection to the proposal or did not comment. 7. Chapter 17.137.030(E) of the Marion County Code (MCC) allows the alteration, restoration, or replacement of a lawfully established dwelling with filing of the Declaratory Statement in MCC 17.137.100(C), other than as permitted in MCC 17.137.020(D), when the dwelling: 1. The dwelling to be altered, restored or replaced has or formerly had: a. Intact exterior walls and roof structure; b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; c. Interior wiring for interior lights. d. A heating system; and The evidence provided regarding the existence of a dwelling on the subject property is as follows: Aerial photos from 1971 show a structure in the current location. Similar contemporary imaging such as satellite imagery available through Marion County land use mapping tools and commercially available imagery found on the internet provided by organizations such as Google Maps also indicate the presence of a building as far back as 2016. These images also show additional accessory buildings on the property and evidence of active land management and signs of vehicular access. The imagery also suggests that the building had an intact roof and exterior walls. The applicant also provided contemporary photographs of the dwelling showing standing walls and a partially collapsed timber and corrugated metal roof. The applicant states that the dwelling has a kitchen area that had a cooking stove that has been relocated outside the dwelling. In addition, the house was heated by a woodburning stove that vented out the eastern wall. The applicant also provided photographic evidence of these items still on the property. The applicant states that the dwelling was serviced by an outhouse with a pit toilet and provided photos of the still standing outhouse. The applicant stated that the dwelling had electrical service at one time and presently has the remanent of a nob and tube wiring system inside the house. Also provided with the application materials was photographic evidence of a still standing utility pole with a meter base and external power outlets. Additionally, the applicant provided images of the electrical mast and meter base attached to the dwelling and photographic evidence of a ceiling mounted electrical junction box and wiring. Altogether, these pieces of evidence support the conclusion that there was a legitimate dwelling on the property that met the definition of a dwelling per Marion County code. Given that the dwelling existed prior to implementation of Marion County's comprehensive plan, the dwelling was therefore legally established. 2. In addition to the provisions of subsection (E)(1) of this section, the dwelling to be replaced meets one of the following conditions: a. If the dwelling was removed, destroyed or demolished; i. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and ii. Any removal, destruction, or demolition occurred on or after January 1, 1973.