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Turner Fire District commented: “Fire service features including fire apparatus access and fire protection water supplies are required to comply with the 2022 Oregon Fire Code (OFC). In order to assist applicants, design professionals, and developers, fire agencies throughout Marion County have provided the 2024 Marion County Fire Code Applications Guide (MCFCAG).” The Turner Fire District also included links to the above referenced Fire Codes, and encourage the applicants to contact the Turner Fire District directly for assistance with determining how best to address fire service features for this project. The full comments from the Turner Fire District are included in the case file. All other commenting agencies either stated no objection to the proposal or did not comment. 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; The applicant submitted evidence in the form of pictures, tax assessor data, and building permits that show the dwelling that used to be on the property formerly had intact walls and roof structures, plumping connected to a well and septic system, electricity, and a gas heating system. The house was built in 1946 and apparently inhabited until the late 2010’s. While no picture or evidence of a kitchen were submitted, it is unreasonable to assume that habitation of this structure for at least 70-years occurred without a kitchen. The former dwelling meets the criteria of a dwelling as required by this criterion. 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 was demolished in 2020. However, the dwelling was destroyed by fire and constitutes a non-resource use as described in MCC 17.137.080(C). Efforts to reestablish the non- resource use began within a year as supported by a septic authorization filed in 2020 that stated it was for the replacement dwelling. 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 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.