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P25-016 Staff Decision
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P25-016 Staff Decision
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Last modified
8/15/2025 10:18:33 AM
Creation date
8/15/2025 10:18:48 AM
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Land Use
Case_Number
25-016
Document_Date
8/15/2025
Land Use Type
Partition
Tax_Lot_Number
042W130000800
Document_Type
Decision
Site_Address
20908 CASE RD
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3. A claimant is not eligible for more than 20 home site approvals under Sections 5 to 11 of Measure 49 <br />regardless of how many properties a claimant owns or how many claims a claimant filed. If the claimants <br />have developed the limit of twenty home sites under Measure 49, the claimants are no longer eligible for <br />the home site approvals that are the subject of this order. <br /> <br />A review of the DLCD Measure 49 Analyzer tool found that the claimant also filed a Measure 37 claim on a <br />property in Yamhill County and received a Measure 49 final order on that property (E134133). That claim <br />approved two new homesites. Therefore, the total number of Measure 49 approved homesites the applicants <br />received was 4, which does not exceed the 20 homesite limit. The criterion is met. <br /> <br /> 4. The number of lots, parcels or dwellings a claimant may establish under this home site authorization is <br />reduced by the number of lots, parcels and dwellings currently in existence on the Measure 37 claim <br />property and contiguous property in the same ownership, regardless of whether evidence of their <br />existence has been provided to the department. If, based on the information available to the department, <br />the department has calculated the number of currently existing lots, parcels or dwellings to be either <br />greater than or less than the number of lots, parcels or dwellings actually in existence on the Measure 37 <br />claim property or contiguous property under the same ownership, then the number of additional lots, <br />parcels or dwellings a claimant may establish pursuant to this home site authorization must be adjusted <br />according to the methodology stated in Section 6(2)(b) and 6(3) of Measure 49. Statements in this final <br />order regarding the number of lots, parcels or dwellings currently existing on the Measure 37 claim <br />property and contiguous property are not a determination on the current legal status of those lots, parcels <br />or dwellings. <br /> <br />Review of the adjacent properties’ ownership suggests that there were not any additional contiguous parcels under <br />the same ownership other than the those identified in the final order. The Measure 49 approval was for up to two <br />dwellings and one additional parcel to accommodate one dwelling per parcel, within the land located on tax lot <br />800. The criterion is met. <br /> <br /> 5. Temporary dwellings are not considered in determining the number of existing dwellings currently on the <br />property. The claimants may choose to convert any temporary dwelling currently located on the property <br />on which the claimants are eligible for Measure 49 relief to an authorized home site pursuant to a home <br />site approval. Otherwise, any temporary dwelling is subject to the terms of the local permit requirements <br />under which it was approved, and is subject to removal at the end of the term for which it is allowed. <br /> <br />There are no temporary dwellings on tax lot 800. The criterion does not apply. <br /> <br /> 6. A home site approval only authorizes the establishment of a new lot, parcel or dwelling on the property <br />on which the claimants are eligible for Measure 49 relief. No additional development is authorized on <br />contiguous property for which no Measure 37 claim was filed or on Measure 37 claim property on which <br />the claimants are not eligible for Measure 49 relief. A lot or parcel established pursuant to a home site <br />approval must either be the site of a dwelling that is currently in existence or be the site of a dwelling that <br />may be established pursuant to the home site approval. <br /> <br />The applicants are proposing to establish a new lot and home sites within the existing area of tax lot 800, which is <br />the only lot included in the Measure 49 claim. No other development is being proposed outside of the eligible <br />Measure 49 parcel and the vacant lot created by the proposed partition will contain a dwelling site approved <br />pursuant to the home site approvals granted by the Measure 49 final order. The criterion is met. <br /> <br /> 7. The claimants may use a home site approval to convert a lot, parcel or dwelling currently located on the <br />property on which the claimants are eligible for Measure 49 relief to an authorized home site. If the <br />number of lots, parcels or dwellings existing on the property on which the claimants are eligible for <br />Measure 49 relief exceeds the number of home site approvals the claimants qualify for under a home site <br />authorization, the claimants may select which existing lots, parcels or dwellings to convert to authorized <br />home sites; or may reconfigure existing lots, parcels or dwellings so that the number is equivalent to the <br />number of home site approvals. <br />There is only one lot that the Measure 49 order applies to, tax lot 800. The criterion is met. <br /> <br /> 8. The claimants may not implement the relief described in this Measure 49 Home Site Authorization if a <br />claimant has been determined to have a common law vested right to a use described in a Measure 37
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