AR25-029 Staff Decision - Laserfiche WebLink

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Marion County Septic Commented: Conditions of Approval: A major repair permit is required to final/install a system to serve a replacement dwelling. An authorization is required to connect to the existing system or for any part of the original system that is not replaced as part of the major repair permit. Additional Information: A major repair permit was applied for to replace the existing, failing system on 9/1/2022. Soils analysis was performed on 09/12/2022 and minimum requirements for a system were sent to the installer and property owner. No additional required items were received. Therefore, no repair permit was issued, and, in 2024, the application was expired. A new major repair application will be required to proceed with a septic repair. 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 did provide some photographic proof of the above. Photos were submitted showing parts of the interior and an operational kitchen sink as well as an image of a window mounted air -conditioning unit and photos showing intact exterior walls and a portion of the intact roof. However, no dates were provided of when the photographs were taken. Staff is using the interpretation that if the Marion County Tax Accessor’s office shows that the dwelling to be replaced is still listed on the property at the time of the application - that this meets the criteria for replacement. In addition, publicly available satellite imagery from 2016, 2019, 2021 and 2023 indicates that there was a structure that corresponds to the applicant’s site plan. Additional satellite imagery indicates a structure in the same location since at least 1994. The criteria are met. 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 applicants stated that the dwelling was removed from the property sometime in late 2023 and early 2024. Aerial imagery confirms this time frame. 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. 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; or 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.