AR25-006 Staff Decision - Laserfiche WebLink

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A. One-time Transportation System Development Charges (TSDCs) and Parks fee are assessed at the time of application for building permits for replacement dwellings in which the dwelling to be replaced had not been legally inhabited at some point within a 12-month period prior to the date of application for building permits. Marion County Septic commented: “A septic authorization is required to connect the proposed replacement dwelling to the existing septic system.” Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the construction of a replacement home and utilities installation on private property.” All other contacted agencies either stated no objection to the proposal or failed to provide comments. 7. The replacement dwelling criteria are being applied directly from state law, ORS 215.291, it reads as follows: 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; Aerial imagery of the property shows the dwelling has an intact roof structure while Google street view imagery from May 2019 shows intact walls and that the dwelling was inhabited at that time. The dwelling also had a working septic system for the interior bathrooms and kitchen. Electrical wiring to the house is visible in available imagery of the property, so while specific evidence wasn’t supplied, it can be reasonably assumed the dwelling had interior wiring. Finally, for heating the applicant states that the home was heated using portable heaters. The applicant is a recent purchaser of the property and lives elsewhere, however they state that the previous owners lived in the dwelling prior to the sale. Ultimately, the available evidence is sufficient to demonstrate that the dwelling possesses or formerly possessed all features described in a-d above. The criterion is 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. According to the applicant, the dwelling was occupied up until they purchased the property from the previous owner on February 29th, 2024, so it is reasonable to assume the structure possessed all of the features listed in the previous section. Additionally, aerial imagery shows the dwelling to still be on the property and appear intact. This combination of factors, combined with the fact that the dwelling is still assessed on the Tax Assessor’s data is sufficient to demonstrate the dwelling possessed all the requisite features within the past 3 years. The criterion is 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 section sets a timeline for reconstruction which is enforced through the expiration date of this case. 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