AR25-045 Staff Decision - Laserfiche WebLink

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The dwelling the applicant is proposing to replace was destroyed by fire in the 2020 Beachie Creek Fire. The dwelling was destroyed by fire and constitutes a non-resource use as described in MCC 17.137.080(C) (see section 8 of this document). Efforts to reestablish the non-resource use began within a year as supported by bids for cleanup and asbestos testing submitted by the applicant, and aerial images from 2021 showing that remains of the structures had been cleared. 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 criterion shall be implemented by the expiration date of any 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. The dwelling to be replaced was destroyed by fire in 2020 and is no longer assessed as a dwelling. The value of the dwelling was assessed through June of 2021. Therefore, the dwelling to be replaced meets the conditions of (a)(i). 5. For replacement of a lawfully established dwelling under this section: a. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use within three months after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055. b. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted. The dwelling has already been destroyed and the site cleaned up. The criteria are met. c. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director's designee, places a statement of release in the deed records of the county to the effect that the provisions of ORS 215.291 and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling. The applicant’s property is completely in the TC zone, the criterion does not apply d. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. e. The replacement dwelling must comply with the construction provisions of section R327 of the Oregon Residential Specialty Code, if the dwelling is in an area identified as extreme or high wildfire risk on the statewide map of wildfire risk described in ORS 477.490; or if no statewide map of wildfire risk has been adopted. The applicant understands that the replacement dwelling must comply with the requirements within the building, plumbing, sanitation, and other codes needed for the placement of a new dwelling. These shall be conditions of approval. The criteria are met. 8. 17.138.070 Existing dwellings and other structures.