AR25-005 Staff Decision - Laserfiche WebLink

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which provided power to the dwelling. Currently available county and commercial satellite and street view imagery supports this assertion. The applicant states that the heating system was an oil heating system that had a tank outside of the building (imagery provided). The applicant further states that there was a full kitchen used for cooking and preparation of food. The applicant included a water right for both domestic and agricultural use to show that there is a potable water supply available. Altogether, these pieces of evidence support the conclusion that there is a legitimate dwelling on the property that meets 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. The criteria are met. 2. An application under this section must be filed within three years following the date that the dwelling last possessed all the features listed above. The dwelling the applicant is proposing to replace is still standing on the property and was not demolished or removed. The applicant states that the dwelling is currently in a state of disrepair which is unsafe for occupants and does not have a lien for delinquent ad valorem taxes. The criteria are met 3. Construction of a replacement dwelling approved under this section must commence no later than four years after the approval of the application under this section becomes final. This shall be a condition of approval. 4. The dwelling to be replaced shall meet one of the following conditions; a. If the value of the dwelling to be replaced was eliminated as a result of destruction or demolition, the dwelling was assessed as a dwelling for purposes of ad valorem taxation prior to the destruction, or demolition and since the later of: i. Five years before the date of the destruction ii. The date that the dwelling was erected upon or fixed to the land became subject to property tax assessment; or b. The value of dwelling to be replaced has not been eliminated due to destruction or demolition, and the dwelling was assessed as a dwelling for the purposes of ad valorem taxation since the later of: i. Five years before the date of the application; or ii. The date that the dwelling was erected upon or affixed to the land and became subject to property tax assessment. The dwelling to be replaced is still standing on the property and has not been demolished. The Marion County Tax Accessor’s office provided no comments about the property, but tax accessor records indicate that dwelling is still on the tax roll. The criteria do not apply. 5. For replacement of a lawfully established dwelling under this section: a. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055. b. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted. The applicant states that the intention is to demolish and remove the current dwelling after a replacement dwelling is approved. The applicants shall be required to sign a Replacement Dwelling Declaratory Statement prior to being issued building permits. The criteria are met. c. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the