P25-016 Staff Decision - Laserfiche WebLink

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waiver for the property. Therefore, if a claimant has been determined in a final judgement or final order that is not subject to further appeal to have a common law vested right as described in Section 5(3) of Measure 49 to any use on the Measure 37 claim property, then this Measure 49 Home Site Authorization is void. However, so long ass no claimant has been determined in such a final judgement or final order to have a common law vested right to a use described in a Measure 37 waiver for the property, a use that has been completed on the property pursuant to a Measure 37 waiver may be converted to an authorized home site. The claimants did not complete a vested rights determination and do not have a common law vested right to a use described in a Measure 37 waiver for the property. The Measure 49 final order would therefore still be valid. The criterion is met. 9. A home site approval does not authorize the establishment of a new dwelling on a lot or parcel that already contains one or more dwellings. The claimants may be required to alter the configuration of the lots or parcels currently in existence on the Measure 37 claim property and contiguous property so that each additional dwelling established on the property on which the claimants are eligible for Measure 49 relief, pursuant to this home site authorization, is sited on a separate lot or parcel. The subject property current contains no dwelling. The claimants are proposing to create one additional 2-acre lot within the existing area of tax lot 800 to accommodate a proposed new dwelling site. The remainder of tax lot 800 would serve as remnant parcel and a homesite for a new dwelling as allowed by the claim. Both lots would have no more than one home site based on this proposal and they would all be located within the part of the Measure 37 claim property eligible for Measure 49 relief. The criterion is met. 10. Because the property is located in an exclusive farm use zone, the home site authorization does not authorize new lots or parcels that exceed five acres. However, existing or remnant lots or parcels may exceed five acres. Before beginning construction, the owner must comply with the requirements of ORS 215.293. Further, the home site authorization will not authorize new lots or parcels that exceed two acres if the new lots or parcels are located on high-value farmland, on high-value forestland or on land within a ground water restricted area. However, existing or remnant lots or parcels may exceed two acres. According to the Marion County Soils Analysis Report 100% of the soils on subject tax lot 800 are considered high-value farmland. As such, the new lot or parcel cannot exceed 2.0-acres in size. The applicant is proposing to create one new lot of 2.0-acres, and the remnant parcel would be larger than 2-acres. The requirements of ORS 215.293 will be made a condition of approval (filing a farm/forest declaratory statement). The criterion is met. 11. Because the property is located in an exclusive farm use zone, Measure 49 requires new home sites to be clustered so as to maximize suitability of the remnant lot or parcel for farm or forest use. Further, if an owner of the property is authorized by other home site authorizations to subdivide, partition, or establish dwellings on other Measure 37 claim properties, Measure 49 authorizes the owner to cluster some or all of the authorized lots, parcels or dwellings that would otherwise be located on land in an exclusive farm use zone, a forest zone or a mixed farm and forest zone on a single Measure 37 claim property that is zoned residential use or is located in an exclusive farm use zone, a forest zone or a mixed farm and forest zone but is less suitable for farm or forest use than the other Measure 37 claim properties. The proposed new parcel and two home sites will be generally clustered on the western end of the existing tax lot 800. This area adjacent to Case Rd NE is where most of the homes on this road are sited. The clustering of the new homesites will allow most of the remnant parcel to continue to be in agricultural use. The applicant is not applying to relocate dwellings from other Measure 37 claims onto this property. The criterion is met. 12. If the claimants transferred ownership interest in the Measure 37 claim property prior to the date of this order, this order is rendered invalid and authorizes no home site approvals. Provided this order is valid when issued, a home site approval authorized under this order runs with the property and transfers with the property. A home site approval will not expire, except that if a claimant who received this home site authorization later conveys the property to a party other than the claimant’s spouse or the trustee of a revocable trust in which the claimant is the settlor, the subsequent owner of the property must establish the authorized lots, parcels and dwellings within 10 years of the conveyance. A lot or parcel lawfully created based on this home site authorization will remain a discrete lot or parcel, unless the lot or parcel