AR25-040 Staff Decision - Laserfiche WebLink

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All other commenting agencies either stated no objection to the proposal or did not comment. 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; Aerial imagery from publicly available sources from 2013, 2016, and 2019 indicate that the dwelling was standing and had an intact roof. Imagery from 2021 indicates that the area was affected by fire and that the property had partially been cleaned up of fire debris and hazardous trees. The property is listed in the Marion county Right of Entry (ROE) database as having had work done by FEMA to remove the fire debris and the removal of hazardous trees. In addition, the applicants state that they have a been working to restore the septic system and currently have a septic permit that has been finaled (555-23-008218-PRMT). They also applied for an electrical permit to restore the electrical connection to the property for the septic system (555-25-008166-ELEC). Further proof exists that the dwelling once had the required elements as evident in the history of permits for various home repairs and upgrades, including septic (2004), furnace replacement (2004), plumbing (2004) and electrical upgrades (2004). The applicants have submitted evidence to the County that the property has well and septic system, and electricity. The house was built in approximately 1962, and apparently inhabited until the Beachie Creek Fire of 2020. The applicants provided interior and exterior photos of the dwelling, including photos that clearly showed a functional kitchen. The former dwelling meets the criteria of a dwelling as required by this criterion. 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 dwelling the applicant is proposing to replace was destroyed in 2020. However, the dwelling was destroyed by fire and constitutes a non-resource use as described in MCC 17.138.070(C). Efforts to reestablish the non-resource use began within a year as supported by the inclusion of the property on the Marion County ROE database as having had the fire debris cleaned up. In addition, the applicants applied for a major replacement septic permit in 2023. 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. 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 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.