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AR25-029 Staff Decision
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AR25-029 Staff Decision
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Last modified
9/24/2025 3:15:08 PM
Creation date
9/24/2025 3:15:20 PM
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Template:
Land Use
Case_Number
25-029
Document_Date
9/24/2025
Land Use Type
Administrative Review
Tax_Lot_Number
062W090002400
Document_Type
Decision
Site_Address
6209 TOPAZ ST NE
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The applicants claim that the mobile home dwelling was removed in late 2023 or early 2024. According to the <br />Marion County Tax Accessor data, the 1969 mobile home dwelling is still currently listed as a structure on the <br />subject parcel as of September 17, 2025. This is within the five year window listed in 4-a above. The criteria is <br />met. <br /> <br /> 5. For replacement of a lawfully established dwelling under this section: <br /> <br /> a. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential <br />use within three months after the date the replacement dwelling is certified for occupancy pursuant to <br />ORS 455.055. <br /> <br /> b. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling <br />to be replaced has been removed, demolished or converted. <br /> <br /> c. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel <br />that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed <br />records of the county in which the property is located a deed restriction prohibiting the siting of another <br />dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county <br />planning director, or the director's designee, places a statement of release in the deed records of the <br />county to the effect that the provisions of ORS 215.291 and either ORS 215.213 or 215.283 regarding <br />replacement dwellings have changed to allow the lawful siting of another dwelling. <br /> <br /> d. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes <br />and other requirements relating to health and safety or to siting at the time of construction. <br /> <br /> e. The replacement dwelling must comply with the construction provisions of section R327 of the Oregon <br />Residential Specialty Code, if the dwelling is in an area identified as extreme or high wildfire risk on the <br />statewide map of wildfire risk described in ORS 477.490; or if no statewide map of wildfire risk has been <br />adopted. <br /> <br /> The mobile home dwelling in question has been removed from the subject parcel according to the applicant <br />statement and corroborated by satellite and aerial imagery. A condition or approval shall require the applicants to <br />complete a Replacement Residence declaratory statement with the Marion County Clerk before building permits <br />shall be issued. This addresses 5 a & b. The entire parcel is zoned for exclusive farm use and the location chosen <br />for the replacement dwelling corresponds to the original location of the former mobile home dwelling. This <br />satisfies 5 c. The requirements of 5 d & e shall be conditions of approval. The criteria are met. <br /> <br />8. At the time of replacement, the applicant will be required to sign and record a Farm/Forest Declaratory Statement <br />as a condition of approval. This acknowledges that farm and forest practices conducted in the area may have an <br />adverse impact on a residence. <br /> <br />9. Based on the above findings, it has been determined that the proposal complies, with the criteria in the Marion <br />County Code and is, therefore, APPROVED, subject to conditions. <br /> <br /> <br />Brandon Reich Date: September 24th, 2025 <br />Planning Division Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact George Brandt at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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