Staff Decision AR24-027 - Laserfiche WebLink

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All other agencies either failed to comment or stated no objection to the proposal. 7. The replacement dwelling criteria are listed in Section 17.136.030(D) of the Marion County Code (MCC). The criteria are: D. Dwelling Alteration and Replacement. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.136.100(C), other than as permitted in MCC 17.136.020(D), when: 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; and d. A heating system; and The applicant provided photographic evidence of a still intact dwelling with intact exterior walls and roof. Aerial imagery from Marion County GIS tools shows an intact building in the same location dated to 2016. Commercially available aerial imagery from companies such has Google Maps show the dwelling in its current location and provides some evidence about condition of the dwelling. The applicant’s photographic evidence indicates that the dwelling may have had an electrical connection, and a form of internal heating as evidenced by a chimney/furnace vent. No information was provided about the sanitary system on the property. The criterion is met. 2. In addition to the provisions of subsection (D)(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. b. If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or c. A dwelling not described in subsection (D)(2)(a) or (b) of this section was assessed as a dwelling for the purposes of ad valorem taxation: i. For the previous five property tax years; or ii. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010; The subject dwelling to be replaced is still erect and has not been demolished or removed from the property. The Marion County Tax Office provided no comment about the taxes on the property or dwelling, and the dwelling is currently listed by the Tax Accessors office as a 1901 built residence. The criterion are met. 3. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use: a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or b. If the dwelling to be replaced is, in the discretion of the permitting authority, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location; The dwelling is still intact and on the property. The applicants state that they want to demolish the dwelling and hold the right to rebuild at a later date. The criterion are met.