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AR25-051 Staff Decision
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AR25-051 Staff Decision
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Last modified
1/16/2026 10:17:48 AM
Creation date
1/16/2026 10:18:18 AM
Metadata
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Land Use
Case_Number
25-051
Document_Date
1/16/2026
Land Use Type
Administrative Review
Tax_Lot_Number
081W210000600
Document_Type
Decision
Site_Address
11894 SILVER FALLS HWY SE
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Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br /> Requirements: <br /> <br />A. Transportation System Development Charges (TSDCs) and Parks fee may be assessed upon application <br />for building permits. Please note that full credit for the prior existing use is allotted when the replacement <br />dwelling building permits are applied for at a time not exceeding 12 months following removal of the <br />manufactured unit. <br /> <br />Marion County Building Inspection commented: “No Building Inspection concerns with proposal. Permit(s) are <br />required to be obtained prior to the development of a replacement dwelling and/or utilities installation on private <br />property.” <br /> <br /> Marion County Septic commented the following be made a condition of approval: <br /> <br />Condition of approval: An authorization is required to connect a replacement dwelling to the existing <br />septic system. <br /> <br />Marion County Assessor’s Office commented on the status of the property taxes. <br /> <br />7. The replacement dwelling criteria are being applied directly from state law, ORS 215.291, it reads as follows: <br /> <br />1. The dwelling to be altered, restored or replaced has, or formerly had: <br /> <br /> a. Intact exterior walls and roof structure; <br /> b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste <br />disposal system; <br /> c. Interior wiring for interior lights; and <br /> d. A heating system; <br /> <br /> The applicants provided picture evidence of the structure, including pictures of the bathroom, electrical boxes , <br />electrical heating system and the roof and walls. While the structure is in poor condition, it does still possess <br />intact walls and roof structure, meaning it still possesses all 4 required elements under this section. Therefore, the <br />criterion is met. <br /> <br /> 2. An application under this section must be filed within three years following the date that the dwelling last <br />possessed all the features listed above. <br /> <br /> The applicant provided Marion County Tax Assessor’s records for the subject parcel showing that the dwelling <br />still exists on the subject property and the pictures were taken recently for the purpose of making this application. <br />Therefore the dwelling has possessed the elements listed in criterion #1 within the past 3 years. The criterion is <br />met. <br /> <br /> 3. Construction of a replacement dwelling approved under this section must commence no later than four years <br />after the approval of the application under this section becomes final. <br /> <br /> This shall be made a condition of approval. <br /> <br /> 4. The dwelling to be replaced shall meet one of the following conditions; <br /> <br /> a. If the value of the dwelling to be replaced was eliminated as a result of destruction or demolition, <br />the dwelling was assessed as a dwelling for purposes of ad valorem taxation prior to the <br />destruction, or demolition and since the later of: <br /> i. Five years before the date of the destruction
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