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Staff Decision AR24-027
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Staff Decision AR24-027
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Last modified
11/15/2024 10:27:45 AM
Creation date
11/15/2024 10:27:01 AM
Metadata
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Template:
Land Use
Case_Number
24-027
Document_Date
10/30/2024
Land Use Type
Administrative Review
Tax_Lot_Number
041W30C000200
Document_Type
Decision
Site_Address
18926 BUTTEVILLE RD NE
Text box
ID:
1
Creator:
EDIAZ
Created:
11/15/2024 10:27 AM
Modified:
11/15/2024 10:27 AM
Text:
https://www.codepublishing.com/cgi-bin/ors.pl?cite=215.213
ID:
2
Creator:
EDIAZ
Created:
11/15/2024 10:27 AM
Modified:
11/15/2024 10:27 AM
Text:
https://www.codepublishing.com/cgi-bin/ors.pl?cite=215.283
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4. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to <br />be replaced has been removed, demolished or converted; <br /> <br />This will be made a condition of approval. <br /> <br />5. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is <br />not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of <br />the county in which the property is located a deed restriction prohibiting the siting of another dwelling on <br />that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, <br />or the director’s designee, places a statement of release in the deed records of the county to the effect that the <br />provisions of 2013 Oregon Laws, Chapter 462, Section 2 and either ORS 215.213 or 215.283 regarding <br />replacement dwellings have changed to allow the lawful siting of another dwelling; <br /> <br /> The entire area of the parcel is zoned EFU, therefore the criterion does not apply. <br /> <br />6. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and <br />other requirements relating to health and safety or to siting at the time of construction. However, the <br />standards may not be applied in a manner that prohibits the siting of the replacement dwelling; <br /> <br /> This shall be made a condition of approval. <br /> <br />7. The replacement dwelling must be sited on the same lot or parcel consistent with the following: <br />a. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, <br />forest boundary or another natural boundary of the lot or parcel; and <br />b. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, <br />within a concentration or cluster of structures or within 500 yards of another structure. <br /> <br /> The applicant states that they intend to site the replacement dwelling at a later date and have not indicated where <br />on the lot they plan to reestablish the dwelling. The conditions will be addressed at the time building permits are <br />applied for. The criterion is met. <br /> <br />8. Based on the above findings, it has been determined that the existing dwelling was legally established and may be <br />altered, restored and/or replaced. <br /> <br />9. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement <br />as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an <br />adverse impact on a residence. <br /> <br />10. At the time of replacement, the applicant will be required to sign and record a Replacement Residence <br />Declaratory Statement. This acknowledges that the dwelling is a replacement for the previous dwelling and is a <br />condition of approval. <br /> <br />11. Based on the above findings, it has been determined that the proposal complies, or can be conditioned to comply, <br />with the criteria in the Marion County Code and is, therefore, APPROVED, subject to conditions. <br /> <br /> <br />Brandon Reich Date: November 15, 2024 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact George Brandt at (503) 566-3981. <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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