P25-016 Staff Decision - Laserfiche WebLink

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lines are vacated or the lot or parcel is further divided, as provided by law. A dwelling lawfully created based on a home site approval is a permitted use. The original applicants of the Measure 37 claim were Gilbert and Margaret Arendt. These individuals did not transfer their ownership interest in the property prior to the date of the Measure 49 final order. Based on deed records, the property remained in the same ownership until being transferred to a family trust administered by the applicants in 2009, and subsequently transferred by the surviving trustee (Gilbert Arendt) to Richard Arendt on July 11th, 2024. Based on deed records, the property remained in the ownership of Gilbert and Margaret (and then just Gilbert after the passing of Margaret) until the ownership interest was transferred to the current owner on July 11th, 2024. The 10-year timeframe for the establishment of the new lot and two home sites began on the date of transfer to the current owner. The applicants, and any future property owners, will have until July 11th, 2034 to complete the development described under this Measure 49 approval. The criterion is met. 13. To the extent that any law, order, deed, agreement or other legally enforceable public or private requirement provides that the subject property may not be used without a permit, license or other form of authorization or consent, this home site authorization will not authorize the use of the property unless the claimants first obtain that permit, license or other form of authorizations or consent. Such requirements may include, but are not limited to: a building permit, a land use decision, a permit as defined in ORS 215.402 or 227.160, other permits or authorizations from local, state or federal agencies, and restrictions on the use of the subject property imposed by private parties. As a condition of approval, the applicants will be required to obtain building permits and/or other permits to establish the home sites. The criterion is met. 9. As stated previously in the final order, the authorizations must still comply with all applicable standards. Marion County has standards for partitions and siting of dwellings found throughout Title 17 Rural Zoning of the Marion County Code. The relevant sections that currently can be reviewed based on the applicant materials are discussed below: MCC 17.136.100: (a) Maximum Height: (1) Dwellings - 35 feet. (2) Farm related structures on farm parcels - none. (3) Non-residential and non-farm structures - 35 feet unless they are in conjunction with conditional uses allowed in Section 136.050, and a greater height is requested and approved as part of the conditional use permit. (b) Minimum Setbacks: Except as required in Section 136.070(a), the following setback requirements shall be implemented for all new structures other than farm-exempt buildings, signs and fences: (1) Rear Yard - A minimum of 20 feet. (2) Side Yard - A minimum of 20 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in which case the side yard setback shall be five (5) feet. (3) Front Yard - A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (See Section 112). (c) Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of a farm/forest declaratory statement into the chain of the lot(s) or parcel(s). The provision of a declaratory statement can be made a condition of any approval. The applicant will be required to comply with the height and setback standards when applying for building permits with Marion County Building. These criteria will be met and the filing of a farm/forest declaratory statement shall be made a condition of approval.