AR25-012 Staff Decision - Laserfiche WebLink

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A. Transportation System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits since the dwelling to be replaced appears to have been in an abandoned/uninhabited state as of 2023, or earlier. Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property, if proposed. If residential structures are proposed less than 3 feet from property lines, then additional fire resistive materials may be required to be installed on the exterior walls, according to the Oregon Residential Specialty Code.” Marion County Septic commented: “A tank abandonment form and pump receipt are required to abandon the existing system. A construction installation permit or major repair permit is required prior to system installation. Currently, a major repair is in progress under permit #555-24-006876.” Marion County Assessor’s Office commented on the status of the property taxes. 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; 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 structure identified as the dwelling to be replaced is visible on the May 2025 aerial imagery of the property. In that image, the dwelling has an intact roof structure and pictures provided by the applicant show the walls are still intact. Also in those pictures are the baseboard heating system and functioning lights, showing the dwelling currently has intact heating and electricity. Finally, the dwelling was previously connected to the septic system on the property (and it is this connection which is part of why this application is being filed), demonstrating it is connected to a waste disposal system and has plumbing. The dwelling currently has all required characteristics which meets the requirement in criterion 2. Therefore the above 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 is a standard that is enforced by the expiration date of this case, which is set 4 years from the date of approval. The criterion is met. 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