AR25-053 Staff Decision - Laserfiche WebLink

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2. The subject property is located east of Bridge Creek Rd SE, approximately 3/4 of a mile from its intersection with Powers Creek Lp NE. The parcel is developed with one 1973 manufactured home and a few farm buildings. The property is partially covered in timber and is gently sloped to the east. The far eastern portion of the property is located in the Big Game Habitat overlay zone. The parcel has been in its current configuration since at least June 30th, 1975 (Reel 36 Page 316). Therefore, the parcel is considered legal for land use purposes. 3. All surrounding properties to the north, west, and south are zoned FT and properties to the east are zoned TC (Timber Conservation). Many of the FT parcels are developed with dwellings, while the TC land is used for timber operation. 4. The applicant is proposing to replace an existing manufactured home on a 9.47-acre parcel. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: “Permit(s) are required to be obtained prior to development of structure(s) and/or utilities installation on private property. Depending on the proposed dwelling or other structure location and the adjacent proposed grades, if an ascending or descending slope exceeds 1 unit vertical :3 units horizontal ratio, then a geotechnical assessment of the slopes and soils may be necessary according to the 2023 ORSC Section 403.1.9. Discussion with a building plans examiner is recommended prior to obtaining this assessment.” Marion County Septic provided the following condition of approval: Conditions of Approval: An authorization OR site evaluation is required. Notes: An authorization is required to connect a replacement dwelling to the existing septic system. If adequate fall cannot be met, a new tank capable of supporting a pump may be required. If a new system is proposed, a site evaluation followed by a construction installation permit is required. 6. The replacement dwelling criteria are being applied directly from state law, ORS 215.755, it reads as follows: 1. The dwelling to be altered, restored or replaced 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; and The proposed dwelling to be replaced still exists on the subject property. The applicant submitted photos indicating the dwelling has intact exterior walls and roof, a kitchen sink, toilet, and bathtub and shower. These amenities indicate the dwelling is connected to a septic system. The dwelling has electricity as shown by an interior electrical box and working lights. Furthermore, the Marion County Tax Assessor’s website states the manufactured home was placed in 1973, indicated the home pre -exists the adoption of modern land use planning regulations in Marion County. The criterion is met. 2. An application under this subsection must be filed within three years following the date that the dwelling last possessed all the features listed above. The dwelling is on the property as of January 27th, 2026; the criterion is met. 3. Construction of a replacement dwelling approved under this subsection must commence no later than four years after the approval of the application under this section becomes final. This expiration date will be listed on page one of this decision. 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 demolition; ii. The date that the dwelling was erected upon or fixed to the land and 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 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 fixed to the land and became subject to