Patron Taxlot Inquiry
$933.80 Last Assessment Amount: Last Assessment Date: 01/17/2023 Current Balance: $0.00
158400
Central Oregon Irrigation District 5/4/2023 4:06 pm Beat Acreage Division DistrictText Division 1 10.500 PB3 County Tax Map Nbr Acreage County Name Address1 TERREBONNE, OR 97760 1413130000800 Deschutes 10.500 3610 NE WILCOX AVE 10.500 Acreage Transfer TRSQ Lot Usage Headgate Quit Rot# Petition Claim Lease Instream 141313NWSW 00800 Irrigation J-7 18900 Acreage: Off Lands: On Lands: Available: 10.500 10.500 Beneficial Use: 2022 Partial - - 2021 Partial 2020 - Partial 2019 Partial - 2018 - Partial 2017 PartialPage 1 of 1
FINDINGS AND DECISION
FILE NUMBER: 247-23-000395-LR
SUBJECT PROPERTY/ OWNER:
Mailing Name: FRANKLIN AND DELORES DAVIS TRUST ETAL
Map and Taxlot: 1413130000800
Account: 127938
Situs Address: 3610 NE WILCOX AVE, TERREBONNE, OR 97760
APPLICANT: Franklin Davis Trust
REQUEST: Lot of Record Verification
STAFF CONTACT: Dan DiMarzo, Assistant Planner
Phone: 541-330-4620
Email: daniel.dimarzo@deschutes.org
RECORD: Record items can be viewed and downloaded from: www.buildingpermits.oregon.gov
I. APPLICABLE CRITERIA
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.04, Title, Purpose and Definitions
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.04, Introduction and Definitions
Chapter 22.40, Declaratory Ruling
II. BASIC FINDINGS
LOT OF RECORD: As described herein, the subject property contains one (1) legal lot of record.
SITE DESCRIPTION: The identified legal lot of record is +/- 19.56 acres in size.
117 NW Lafayette Avenue, Bend, Oregon 97703 | P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 cdd@deschutes .org www.deschutes.org/cd COMMUNITY DEVELOPMENT
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REVIEW PERIOD: Under DCC 22.20.040(D)(3), this Lot of Record verification is exempt from the 150day time limit established by DCC 22.20.040
III. FINDINGS & CONCLUSIONS
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.04, Introduction and Definitions
Section 22.04.040 Verifying Lots of Record.
D. Findings; Declaratory Ruling … If an applicant is applying for a permit listed in subsection (B)(1) that does not require public notice, or prior to applying for any permit, an applicant may request a declaratory ruling pursuant to DCC Chapter 22.40. If the lot or parcel meets the “lot of record” definition in 18.04.030, the County shall issue the declaratory ruling determining that the lot or parcel qualifies for all permits listed in subsection (B)(1). If the lot or parcel does not meet the “lot of record” definition in 18.04.030, the County shall not issue the declaratory ruling and instead shall provide the applicant information on permit options that do not require verification and information on verification exceptions that may apply pursuant to subsections (B)(2).
FINDING: The applicant has requested a declaratory ruling pursuant to DCC Chapter 22.40 to confirm the subject property meets the “lot of record” definition in DCC 18.04.030
Chapter 22.40, Declaratory Ruling
Section 22.40.010, Availability of Declaratory Ruling.
A. Subject to the other provisions of DCC 22.40.010, there shall be available for the County's comprehensive plans, zoning ordinances, the subdivision and partition ordinance and DCC Title 22 a process for:
6. Verifying that a lot of parcel meets the “lot of record” definition in 18.040.030 pursuant to DCC 22.04.040(D).
FINDING: The applicant has requested a declaratory ruling pursuant to DCC Chapter 22.40 to confirm that the subject property meets the “lot of record” definition in DCC 18.04.030.
Title 18 of the Deschutes County Code, County Zoning
247-23- 000395-LR Page 2 of 6
…
Chapter 18.04, Title, Purpose and Definitions
Section 18.04.030, Definitions.
"Lot of Record" means:
A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created, and which was created by any of the following means:
FINDING: Any lot of record identified in this decision are at least 5,000 square feet in area and at least 50 feet wide. Major historical changes in the County’s subdivision, partition, and zoning requirements are outlined below.
PL-2 – Subdivision Ordinance – September 9, 1970
Required the approval of and recording of a subdivision plat to "Subdivide land", which was defined to mean “to partition a parcel of land into four or more parcels, any one of which, is less than ten (10) acres each for the purpose of transfer of ownership or building development, whether immediate or future, pursuant to O.R.S. 92.010.”
PL-5 – Deschutes County Zoning – November 11, 1972
Provided zoning and minimum lot sizes for parcels created by subdivision. Because no zoning maps were adopted contemporaneously with PL-5’s “approval”, zoning became effective in a piecemeal fashion in the County, as maps were adopted for various geographic regions of the County.
ZM-1 – Zoning Map – November 15, 1972
Applied A-1 countywide agricultural zoning outside the urban areas of Redmond and Sisters, the Bend UGB, the rural service centers of Terrebonne and Tumalo, but not including certain land to the west of Bend, as well as applying PD zoning to Sunriver and Black Butte.
ZM-2 through ZM-11 – Zoning Maps (November 15, 1972 – June 30, 1973)
Various zoning maps were adopted for specific areas throughout the County.
PL-7 - Deschutes County Land Partition Ordinance No. PL-7 – April 5, 1977
Required that “no person shall partition an area or tract of land without compliance with the provisions of this ordinance”.
PL-14 Deschutes County Subdivision/Partition Ordinance–November 1, 1979
All land division regulated.
PL-15 – Deschutes County Zoning Ordinance of 1979 – November 1, 1979
Updated zoning throughout the County.
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Any lot of record identified in this decision conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created.
1. By partitioning land as defined in ORS 92;
FINDING: The subject property was not created by partitioning land as defined in ORS 92.
2. By a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk;
FINDING: The subject property was not created by a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk.
3. By deed or contract, dated and signed by the parties to the transaction, containing a separate legal description of the lot or parcel, and recorded in Deschutes County if recording of the instrument was required on the date of the conveyance. If such instrument contains more than one legal description, only one lot of record shall be recognized unless the legal descriptions describe lots subject to a recorded subdivision or town plat;
FINDING: The subject lot of record was created by deed or contract in accordance with this criterion and conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created.
The subject property was created by Warranty Deed dated November 23, 1971, recorded in Volume 180, Page 523, Deschutes County Book of Records. This lot of record is shown in the figure below:
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At this time, Deschutes County did not have any zoning or land division requirements for the creation of lot(s)/parcel(s) by deed or contract, as outlined in the findings above. Therefore, staff finds the conveyance of this property conformed to all applicable requirements and the subject property is recognized as one (1) legal lot of record under DCC 18.04.030 Lot of Record (A)(3).
In addition, staff finds the identified lot of record is a “parcel”, as defined in ORS 215.010(1).
4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats; or
FINDING: The subject property was not created by a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats.
5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot or parcel.
FINDING: The subject property was not created by the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot or parcel.
B. Notwithstanding subsection (A), a lot or parcel validated pursuant to ORS 92.176 shall be recognized as a lot of record.
FINDING: The subject property has not been validated pursuant to ORS 92.176.
C. The following shall not be deemed to be a lot of record:
1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or for the convenience of the assessor.
2. A lot or parcel created by an intervening section or township line or right of way.
3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed pursuant to subsection (A)(3) above.
4. A parcel created by the foreclosure of a security interest.
FINDING: The subject property does not include a lot of record created by any of these means.
IV. CONCLUSION
Based on the foregoing findings, staff concludes the subject property consists of the lot of record identified herein.
Other permits may be required for development of the property. The applicants are responsible for obtaining any necessary permits from the Deschutes County Building Division and Deschutes County Environmental Soils Division as well as any required local, state, and federal permits.
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This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Dan DiMarzo, Assistant Planner
Reviewed by:
Will Groves, Planning Manager
247-23- 000395-LR Page 6 of 6
owner agent inCareof address cityStZip type cdd id email Franklin Davis Trust 3610 Wilcox Ave. Terrebonne, OR 97760 FD 23-395-LR
NOTICE OF DECISION
The Deschutes County Planning Division has approved the land use application(s) described below:
FILE NUMBER: 247-23-000395-LR
SUBJECT PROPERTY/ OWNER:
Mailing Name: FRANKLIN AND DELORES DAVIS TRUST ETAL
Map and Taxlot: 1413130000800
Account: 127938
Situs Address: 3610 NE WILCOX AVE, TERREBONNE, OR 97760
APPLICANT: Franklin Davis Trust
REQUEST: Lot of Record Verification
STAFF CONTACT: Dan DiMarzo, Assistant Planner
Phone: 541-330-4620
Email: daniel.dimarzo@deschutes.org
RECORD: Record items can be viewed and downloaded from: www.buildingpermits.oregon.gov
I. APPLICABLE CRITERIA
Deschutes County Code
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.04, Title, Purpose and Definitions
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.04, Introduction and Definitions
Chapter 22.40, Declaratory Ruling
DECISION: The Deschutes County Planning Division has determined the subject property is one (1) legal lot of record.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a
117 NW Lafayette Avenue, Bend, Oregon 97703 | P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 cdd@deschutes .org www.deschutes.org/cd COMMUNITY
DEVELOPMENT
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statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. Pursuant to Ordinance 2021014 and Deschutes County Code Section 22.32.015(B), appeals must be received by 4:00 pm.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
This Notice was mailed pursuant to Deschutes County Code Chapter 22.24.
247-23- 000395-LR Page 2 of 2
De sc h u te s C ou n ty GIS , S o u rc e s: E sri , US GS , NOA A 36 10 NE W ILC OX AV E , TE R R E B O NNE , O R 97760 La n d U se Fi le N o. 2 47 - 23- 000395- L R Dat e: 7/6/2023 0 1,250 2,500 625 ft ± 1 i nc h 1 5 0 5 f eet
CENTRAL OREGON IRRIGATION DIST. KELLY O'ROURKE - LANDUSE@COID.ORGCRAIG HORRELL - CHORRELL@COID.ORG
CO. ASSESSOR
REDMOND FIRE & RESCUE Tom Mooney (Tom.Mooney@redmondfireandrescue.org; CLARA BUTLER clara.butler@osp.oregon.gov
COUNTY C/O PROPERTY MANAGEMENT
GOTTFRIED, CHRISTY L & ESTIGOY, JAMES F
SMITH HILL PROPERTIES INC
ELENES, LUIS
MILLER, ROBIN KELLEY & BRIAN SCOTT
TERRI LAW TRUST LAW, LORRAINE T TTEE
VARDANEGA, ANNETTE C ET AL
OR 97760
OR 97760
OR 97760
SMITH ROCK WAY TERREBONNE, OR 97760
97760
owner agent inCareof address cityStZip type cdd id email
ELECTRONIC NOD 23-395-LR
ELECTRONIC NOD 23-395-LR
ELECTRONIC NOD 23-395-LR Franklin Davis Trust 3610 Wilcox Ave. Terrebonne, OR 97760 NOD 23-395-LR
3750 NE WILCOX AVE TERREBONNE, OR 97760 NOD 23-395-LR DESCHUTES
PO BOX 6005 BEND, OR 97708-6005 NOD 23-395-LR STASTNY,DONALD J & JANET H 2309 SW 1ST AVE #APT 1145 PORTLAND, OR 97201-5040 NOD 23-395-LR MOLE,HOWARD
MONA 3733 NE XENOLITH TERREBONNE, OR 97760 NOD 23-395-LR
& DAWN EMERSON JOINT TRUST EMERSON,BRUCE LLOYD & DAWN OSTRER 3259 NE WILCOX AVE TERREBONNE, OR 97760 NOD 23-395-LR KANZAKI, BRIAN D & GINA M 2114 OAKCREST CT CORINTH, TX 76210 NOD 23-395-LR WALLACE, TY & HEATHER 8295 NE 33RD ST TERREBONNE, OR 97760 NOD 23-395-LR CASCADE CONSULTING PROFIT SHARING PLAN GRAHAM, CONNIE E TTEE PO BOX 758 PORT HADLOCK, WA 98339 NOD 23-395-LR FRANKLIN AND
ETAL
D TRUSTEE ETAL 3602 NE WILCOX AVE TERREBONNE, OR 97760 NOD 23-395-LR HERSCHBACH, DWAIN & DENISE PO BOX 805 TERREBONNE, OR 97760 NOD 23-395-LR GOTTFRIED, JAY D & LAURI R 3635 NE SMITH ROCK WAY TERREBONNE, OR 97760 NOD 23-395-LR HOUCK,RONALD L
JENNIE E PO BOX 2190 TERREBONNE, OR 97760 NOD 23-395-LR SAVAGE, BEVERLY ANN PO BOX 244 TERREBONNE, OR 97760 NOD 23-395-LR ADAMSKI
W TTEE ET AL PO BOX 325 BEND, OR 97703 NOD 23-395-LR JOHN A HEDIN
A &
R
PO BOX 279 TERREBONNE, OR 97760 NOD 23-395-LR
LIVING
Q &
E TTEES 3451 NE XENOLITH ST TERREBONNE, OR 97760 NOD 23-395-LR
DESCHUTES
GUTHRIE FAMILY TRUST GUTHRIE, DONNA TTEE
&
BRUCE
DELORES DAVIS TRUST
DAVIS,FRANKLIN
&
& SWANSON TRUST ADAMSKI, ANDREW
FAMILY TRUST HEDIN, JOHN
LYNETTE
TTEES
GOODMAN
TRUST GOODMAN, JOHN
MARGARET
TTEE 3333 NE WILCOX AVE TERREBONNE,
NOD
GAIL BAKER LIVING TRUST BAKER, GAIL CORNELIA
23-395-LR
8516
NOD
NE 33RD ST TERREBONNE,
23-395-LR
3451
NOD
NE XENOLITH ST TERREBONNE, OR 97760
23-395-LR
PO BOX 507
NOD
TERREBONNE,
23-395-LR
3887
NOD
NE
23-395-LR
PO
NOD
BOX 693 REDMOND, OR 97756
23-395-LR
3800
NOD
NE XENOLITH ST TERREBONNE, OR
23-395-LR
Mailing Date: Thursday, August 24, 2023
COMMUNITY DEVELOPMENT
FINDINGS AND DECISION
FILE NUMBER(S): 247-23-000494-AD, 495-AD
SUBJECT PROPERTY/ OWNER:
Mailing Name: FRANKLIN AND DELORES DAVIS TRUST ETAL
Map and Taxlot: 1413130000800
Account: 127938
Situs Address: 3610 NE WILCOX AVE, TERREBONNE, OR 97760
APPLICANTS: Melody Ann Bell, Kathy May Close, Sherri Dee Fessler 1
REQUEST: A site plan review to replace two (2) lawfully established dwellings in the Exclusive Farm Use (EFU) Zone.
STAFF CONTACT: Dan DiMarzo, Assistant Planner
Phone: 541-330-4620
Email: dan.dimarzo@deschutes.org
RECORD: Record items can be viewed and downloaded from: www.buildingpermits.oregon.gov
I. APPLICABLE CRITERIA
Deschutes County Code (DCC)
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zones (EFU)
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS
LOT OF RECORD: The subject property is recognized as one (1) legal lot of record pursuant to County land use file no. 247-23-000395-LR.
SITE DESCRIPTION: The subject ± 19.56-acre property is developed with two (2) single-family
1 Co-Trustees of Franklin and Delores Davis Trust
117 NW Lafayette Avenue, Bend, Oregon 97703 | P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 cdd@deschutes.org www.deschutes.org/cd
dwellings and several barns/farm-related accessory structures. All existing structures are located within the northern half of the subject property; the southern half appears to be dedicated to irrigated pasture. The property is rectangular in shape and fronts Wilcox Avenue, which bisects the property, in its northern region The property has a vegetative cover of Juniper trees and low-lying native vegetation in its undeveloped regions. The grade of the property is relatively even throughout.
REVIEW PERIOD: The subject applications were submitted on June 20, 2023, and deemed complete by the Planning Division on July 20, 2023. The 150th day on which the County must take final action on this application is December 17, 2023.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on July 18, 2023, to the Department of State Lands (DSL), and received the following comments:
Department of State Lands (DSL), Chris Stevenson:
There are/may be wetlands, waterways or other water features on the property that are subject to the State Removal-Fill Law based upon a review of wetland maps, the county soil survey and other available information.
A state permit is required for 50 cubic yards or more of fill removal or other ground alteration in wetlands, below ordinary high water of waterways, within other waters of the state, or below highest measured tide.
Placement of the two homes in the northern portion of the site appears to avoid impacts to possible onsite wetlands and waters in the southern irrigated pasture.
This is a preliminary jurisdictional determination and is advisory only.
This report is for the State Removal-Fill law only. City or County permits may be required for the proposed activity.
III. FINDINGS & CONCLUSIONS
Title 18 of the Deschutes County Code, County Zoning
Chapter 18.16, Exclusive Farm Use Zones (EFU)
Section 18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
J. A lawfully established dwelling may be altered, restored or replaced, subject to DCC 18.16.023.
247-23-000494-AD, 495-AD Page 2 of 10
FINDING: The applicant proposes to replace each of the two (2) existing single-family dwellings.
Dwelling #1 is an existing manufactured home which was placed in 1979 and established via County building permit no. 79-314. Therefore, staff finds Dwelling #1 is lawfully established and may be replaced, subject to the requirements of DCC 18.16.023.
Dwelling #2 is an existing stick-built home which was established in 1925, per County Assessor records. At this time, Deschutes County did not have any zoning or land use requirements that would have regulated the placement of a dwelling. Therefore, staff finds Dwelling #2 is lawfully established and may be replaced, subject to the requirements of DCC 18.16.023.
1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937.
FINDING: The proposed development is a replacement dwelling. A condition of approval has been added to ensure compliance.
Section 18.16.023. Lawfully Established Dwelling Replacement.
A lawfully established dwelling may be altered, restored or replaced under DCC 18.16.020(J) above if, when an application for a permit is submitted, the County finds to its satisfaction, based on substantial evidence that:
A. The dwelling to be altered, restored or replaced met the following when an application for a permit is submitted:
1. The dwelling 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;
d. A heating system;
FINDING: Staff finds the applicant has provided photographic evidence which documents that each dwelling has the required facilities.
2. In addition to the provisions of subsection (A)(1), the dwelling to be replaced meets one of the following conditions:
a. If the dwelling was removed, destroyed or demolished:
247-23-000494-AD, 495-AD Page 3 of 10
i. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and
ii. Any removal, destruction or demolition occurred on or after January 1, 1973;
FINDING: The dwellings tax lot does not have a lien for delinquent ad valorem taxes. The dwellings have not been removed, destroyed or demolished.
b. If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or
FINDING: The dwellings are not currently in such a state of disrepair that the dwellings are unsafe for occupancy or constitutes an attractive nuisance
c. A dwelling not described in subparagraph (a) or (b) of this paragraph was assessed as a dwelling for purposes of ad valorem taxation:
i. For the previous five property tax years; or
ii. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010 (Definitions of “land” and “real property” for state property tax laws).
FINDING: The Deschutes County Assessor’s records show that the dwellings were assessed as a dwelling for purposes of ad valorem taxation for the previous five property tax years.
B. For replacement of a lawfully established dwelling under DCC 18.16.020(J):
1. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:
a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055 and DCC Chapter 15.04; or
FINDING: As a condition of approval, the property owner will be required to remove, demolish or convert the existing dwellings to an allowable nonresidential use(s) within one year after the date the replacement dwellings are certified for occupancy pursuant to ORS 455.055 and DCC Chapter 15.04.
b. If the dwelling to be replaced is, in the discretion of the County, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the County that is not less than 90 days after the replacement permit is issued; and
247-23-000494-AD, 495-AD Page 4 of 10
FINDING: The dwellings are not currently in such a state of disrepair that the dwellings are unsafe for occupancy or constitutes an attractive nuisance.
c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must first obtain approval from the County for the new location.
FINDING: The dwellings are not proposed to be removed by moving off the subject parcel to another location.
2. 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.
FINDING: As a condition of approval, the applicant shall cause to be recorded in the deed records of the County a statement that the dwellings to be replaced have been removed, demolished or converted
3. Deed Restrictions.
a. 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 a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel.
b. 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 2019 Oregon Laws, chapter 440, section 1 and ORS 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.
FINDING: The dwellings to be replaced are located on a portion of the lot or parcel that is zoned for exclusive farm use.
4. The replacement dwelling:
a. Must comply with applicable siting standards such as minimum setbacks. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
b. Must comply with applicable building codes, plumbing codes, sanitation codes and other requirements related to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
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FINDING: The proposed replacement dwellings will comply with the applicable siting standards such as minimum setbacks. The standards have not been applied in a manner that prohibits the siting of the replacement dwelling. Staff includes subsection (b) as a condition of approval.
5. The replacement dwelling per must be sited on the same lot or parcel:
a. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and
b. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.
FINDING: In response to these criteria, the applicant has submitted the following:
This property is for sale and we won’t know exactly where a new owner would want to place a new dwelling…They will be near the existing structures, both of which are teardowns, and also near the existing driveway into the site. I think that the closest point of the existing manufactured home to the west property line does not meet the minimum 25foot setback, so the building envelope for that dwelling will show the 25-foot standard. Wilcox Avenue is a rural collector, so the minimum front setback will be 60 feet…The replacement dwellings will use just a part of the existing building foot prints (sic) of both existing dwellings.
The replacement dwellings will be on the same parcel (i.e. the subject property). We would like to make the building envelope as large as possible, and include both dwellings under one envelope…We would be using both existing footprints, and also falling along the property lines. The applicant is aware that the minimum setbacks under DCC 18.16.070 must be met. The replacement dwellings will be within 500 yards of the existing dwellings and other structures.
Staff finds this proposal, as conditioned, will comply with these criteria.
6. A replacement dwelling permit that is issued under DCC 18.16.020(J):
a. Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:
i. Formerly had the features described in DCC 18.16.023(A)(1)(a) through(d); or
ii. Is eligible for replacement under DCC 18.16.023(A)(2)(b).
b. Is not subject to the time to act limits of ORS 215.417.
FINDING: Notwithstanding DCC 18.16.023(D)(2), staff finds that, under, Sections 1, 2, 3 and 11, chapter 462, Oregon Laws 2013, only a “deferred replacement permit 2” does not expire. This replacement permit is also not a 4-year permit subject to ORS 215.417 until January 2, 2024. (See
2 Sections 2(7)(A)(a), chapter 462, Oregon Laws 2013.
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section 10, chapter 462, Oregon Laws 2013). Therefore, this replacement permit is subject to OAR 660-033-0140, and is void two years from the date of the final decision if the development action is not initiated in that period. Extensions of this two year period may be granted under DCC 22.36.010(C)(1 and 2).
7. A temporary residence approved under DCC 18.116.080 or 18.116.090 is not eligible for replacement under this section.
FINDING: The dwelling to be replaced is not a temporary residence approved under DCC 18.116.080 or 18.116.090.
Section 18.16.060. Dimensional Standards.
E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040.
FINDING: No height information was provided for the structures. As a condition of approval, no building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040.
Section 18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
FINDING: The proposal is not subject to 100-foot nonfarm dwelling setbacks. The proposed structures will comply with the setbacks under (A) to (C) above, as conditioned. As a condition of approval, structural setbacks from any north lot line shall meet the solar setback requirements in DCC 18.116.180. As a condition of approval, in addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
247-23-000494-AD, 495-AD Page 7 of 10
Section 18.16.080. Stream Setbacks.
To permit better light, air, vision, stream pollution control, protection of fish and wildlife areas and preservation of natural scenic amenities and vistas along streams and lakes, the following setbacks shall apply:
A. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet.
B. All structures, buildings or similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark.
FINDING: There are no streams or lakes in the project vicinity.
Section18.16.090. Rimrock Setback.
Notwithstanding the provisions of DCC 18.16.070, setbacks from rimrock shall be as provided in DCC 18.116.160 or 18.84.090, whichever is applicable.
FINDING: There is no rimrock in the project vicinity.
IV. CONCLUSION
Based on the foregoing findings, staff concludes that the proposed use can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met.
Other permits may be required. The applicants are responsible for obtaining any necessary permits from the Deschutes County Building Division and Deschutes County Environmental Soils Division as well as any required state and federal permits.
V. DECISION
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL
247-23-000494-AD, 495-AD Page 8 of 10
A. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant Any substantial change in this approved use will require review through a new land use application
B. The property owner shall obtain any necessary permits from the Deschutes County Building Division and Environmental Soils Division.
C. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040
D. Structural setbacks from any north lot line shall meet the solar setback requirements in DCC 18.116.180.
E. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met.
F. Prior to the issuance of building permits for either replacement dwelling, the County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937, subject to OAR 660033-0130(30).
G. Within one year from the date that replacement dwelling #1 is certified for occupancy, existing dwelling #1 shall be removed, demolished or converted to an allowable nonresidential use
H. Within one year from the date that replacement dwelling #2 is certified for occupancy, existing dwelling #2 shall be removed, demolished or converted to an allowable nonresidential use.
I. The applicant must cause to be recorded in the deed records of the County a statement that existing dwelling #1 has been removed, demolished or converted. A copy of the recording shall be provided to the Deschutes County Planning Department.
J. The applicant must cause to be recorded in the deed records of the County a statement that existing dwelling #2 has been removed, demolished or converted. A copy of the recording shall be provided to the Deschutes County Planning Department.
VII. DURATION OF APPROVAL, NOTICE, AND APPEALS
247-23-000494-AD, 495-AD Page 9 of 10
The applicant shall initiate the use for the proposed development within two (2) years of the date this decision becomes final, or obtain approval of an extension under Title 22 of the County Code, or this approval shall be void.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue.
Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page.
NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Dan DiMarzo, Assistant Planner
Reviewed by: Will Groves, Planning Manager
Attachment(s):
247-23-000494-AD, 495-AD Page 10 of 10
1. Site Plan 2. Farm & Forest Management Easement 3. Replacement Dwelling Statement #1 4. Replacement Dwelling Statement #2
LAND USE APPLICATION INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
1' complete the application form and provide appropriate original signatures. To ensure timely processing of your application, all materials must be submittJo on ,ingi"-rio"d, g.5,,x 11,,paper, Do not use binders, tabs/dividers, staples or tape.
2' This application shall include one full-sized plan set (to scare) and one pran set reduced to no larger than '11" x 17" ' lnclude a plot plan that shows ali property lines ani existing and proposed structures, pa rking, la ndscaping, I ighting, etc.
3. lnclude a copy of the current deed showing the property owners.
4. Attach correct fee.
5' All applicable standards and criteria must be addressed in writing prior to acceptance of the application' Detailed descriptions, maps and other relevant infoiration must be attached to the application.
TYPE OFAppLtCATtON (check one):
Owner/s Name (if re
ES File No. 247- 2 3- a-ey q4 i4b C& NN $.N {J l\J gTV D HVE L# F rU? E ruT
a1 Administrative Determination (AD) X \ @ conditionat use (cu)L ;F Z Declaratory Ruling (DR)FEE: ( 1l oB .o6
Mailing
Property
Mailing Parrition (Mny Subdivision (Tp) Temporary Use (TU) Site ptan (Sp) Variance (V) Setback Exception (SE) Other Phone: 6{/ | .+ t City/StatelZip Phone: _4i1.so77 City/State/Zip: tD/Q- f q 775v 1. Requ 2. Property Description: Township_-.{S_ Ra n4e-J2 Section l? TaxLot tao
Properry Zo EFot- Property Size (acres or sq.
Lot of Record? (State urtra+-r v*.xt t*4) laOz*tl. ?trfe w,t 5. Property Address cotL 41/d, .tz,r.eloortqe a ^)E (over) 1 1 7 NW Lafayerte Avenue, Bend, orego n 97703 r p.o. Box 6005, Bend, oR 97708_6005 CI (541)388-6575 @ cdd@deschutes.org @ www.deschutes.orglcd Rev 5/18
Applicanfs Na me (print):
Add Applicanfs Email
3.
4.
6. Present Use of Property:
7. Existing lt s
8. Property will be served by: sewer_ onsite Disposal
9. Domestic Water So
To the best of my knowledge, the proposal complies with all previous conditions of approval and all other applicable local, state, and federal laws. By signing this application, I acknowledge that Deschutes County planning staff may make a site visit(s) to the address(es) listed on this application in order to evaluate the property(ies) with the Deschutes County Code criteria applicable to the land use request(s) submitted. Please describe any special circumstances regarding a potentiat site visit:
Applicant's Signature
Property Owneds Signature (if differe
Agenfs Name (if applica Perol tst,lcs Phone: OlL ) 815.3681
Mailing Address: 144 6E 9**'e-G
Agenfs EmailAddress b( il<s{<zl 4bk, (-v,
*lf this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a $5,500 deposit for hearing services prior to the application being accepted pursuant to Dcc 22.og.o2o or deemed complete pursuant to applicable state and local law. lf the application is referred to a hearings officer, tire applicant will be responsible for the actual costs of the hearings officer as well as staff costs associated with the hearing.
,145, A/'-t 4g-
Orz)Lt
*ra(au ,
ciry/state/zip: (bvl ae fuoz-
1.1 7 NW Lafayette Avenue, Bend, oregon g7fo3 I p.o Box 6o05, Bend, oR gfToT_6oo5 Q\ (541)388-6575 @ cdd@deschutes.org @ www.deschutes.orglcd
LAND USE APPLICATION
1. Complete the application form and provide appropriate original signatures. To ensure timely processing of your application. all materials must be submitted on single-sided, 8.5'x 11" paperDo not use binders, tabs/dividers, staples or tape.
2. This application shall include one full-sized plan set (to scale) and one plan set reduced to no larger than 1 1" x17". lnclude a plot plan that shows all property lines and existing and proposed structu res, pa rking, la ndsca p i ng, I ighti ng, etc.
3. lnclude a copy of the current deed showing the property owners.
4. Attach correct fee.
5. All applicable standards and criteria must be addressed in writing prior to acceptance of the application. Detailed descriptions, maps and other relevant information must be attached to the application.
ryPE OFAPPIICATION (check one): rrr:S lltt$.oo p Administrative Determination (ADX
Site Plan (SP) VariancetV) - Setback Exception (SE) Other
Applicanfs Name (print): Phone: O{t l'lt q
Mailing Add ciry/Srate/zip
Applicanfs Email
Property Owner/s Name {if II Phone: _4iI-SO?7 / Mailing Address)A tnQ CitylState/Zip:
1. Re &4n( t
2. PropertyDescription: Township {+ Range L7 Section t? TaxLot t@
3. Property Zone(s) 'Etrr-1,*Ae Property Size {acres or sq. ft): lq.fL ec-<s
4. Lot of Record? (State urloVr Rg ay*J
5. Properly Add Zdre ?L@ ti,(c.ol1 A-v,?, -(aotlaaaqc. 4276o $E (over)
b A q1 75 (l
TES 2 File No.247e'S i1.13 fu,] U !\i fl ll'V D [:11 fi L j] p t'.1'i'fr iri T 3 - o@qq6-AD
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
X-;f
DeclaratorY
Partition
Subdivision
Temporary Use {TU)
\ 64 conditional use (cu) -
L
Ruling(DR) -
(MP)
(TP)
1 1 7 ilw Lafayette Avenue, Bend, Oregon 97703 I P.CI. Box 6005, Bend. OR 97708-600T s (541 )3A8-6575 @ cdd@deschutes.org ¤s www.deschutes.org/cct Rev 5/18
i
N A Ibte:6/15/2023 lES 0 162.5 325 650 1 irch = 376 fd
Willcox Property
Article lll Residue of Estate
I give the residue of my estate to the Trustee, or the Successor Trustee, of the Franklin and Delores Davis trust dates 8l2O/97, between me and my spouse as Trustors and Trustees, to the administered and disposed of in accordance with the terms, conditions and fiduciary powers of the said trust, including any amendments made thereto before my death (whether made before or after the execution of this will). tf for any reason such distribution of residue of my estate is ineffective, then I give the residue to MELODY ANN BELL, KATHY MAY CLOSE, SHERRI DEE FESSLER AS CO-TTUSIECS, tO bC hCId iN A testamentary trust in accordance with the terms, conditions and fiduciary powers of the trust described above, including any amendments made thereto before my death (whether made before or after the execution of this will), which provisions are hereby incorporated by reference. lf in accordance with the provisions of the trust any portion thereof is distributable free of trust, then such portion shall be paid to the recipient entitled thereto directly by my personal Representative.
BURDEN OF PROOF
FILE NUMBERS: 247 -23-000000-AD 247 -23-000000-AD
APPLICANT/ PROPERTY OWNER:
Melody Bell, Kathy May Close, and Sherri Dee Fessler, Co-ownersl 207 S. Main Street
Prineville, OR 97754
REQUEST: The applicant is requesting approval of two land use permits (Administrative Determinations) to establish two different replacement dwellings on the same property, in the Exclusive Farm Use Zone.
AGENT: Paul Blikstad
144 SE Dorrie Ct. Bend, OR 97702
t. APPLIGABLE CRITERIA:
Title 18 of the Deschutes County Code, County Zoning Chapter 18.16, Exclusive Farm Use Zones
II. BASIC FINDINGS:
A. LOCATION: The subject property has two assigned addresses. They are: 3602 (manufactured home) and 3610 (conventual home) NE Wilcox Avenue, Terrebonne, OR 97760. The subject property is identified on Deschutes CountyAssessol's map no. 14-1313, as tax lot 800.
B. ZONING: The property is zoned Exclusive Farm Use - Terrebonne Subzone (EFU-TE). The property is designated agriculture by the Deschutes County Comprehensive Plan.
C. LOT OF RECORD: The applicant believes that the lot of record verification application (file number 247-23-0O0395-LR) will be approved.
D. SITE DESGRIPTION: The subject property is 19.56 acres. lt has some levelareas, and also some rock outcrop. The property has two single-family dwellings, one conventional home apparently constructed in 1925, and a manufactured home which appears to have been placed on the site in 1979/1980. These dwellings are accessed from an existing driveway, extending south from NE Wilcox Avenue. There are also several farm related barns and structures, as this property was once a dairy. The property has somewhat small acreage irrigated land in the southern and eastern portions of the site. The property has a vegetative cover of juniper trees and scrub brush in the undeveloped areas on the property. There appears to be an irrigation pond in the southern portion of the property.
1 The former owners were Franklin D. Davis and Delores Ann Davis, who have since passed away. Their three daughters now jointly own the subject property.
G.
suRRouNDING LAND USE: Uses in the area include many farms of valie-d sizes, including hobby farms, as well as somewhat scattered rural residential uses (single-family dwellings). 2oni,ig in the area is EFU-TE and Multiple Use Agricultural (MUA-10). There is also some dry land in the surrounding area.
pRoposAl: The applicant is applying for land use approvalto authorize the replacement of the two existing d*"iling. llsia.si cinventional dwelling, and double-wide manufactured home) on the property, with new dwellings'
LAND USE HISTORy: The subject property has had the following land use application associated with it:
247-23-OOO395-LR, Lot of Record verification for the subject property. No decision on this application has been made. However, the applicant believes it will be approved.
III. GONCLUSIONARY FINDINGS:
Title 18 of the Deschutes County Code, County Zoning'
A. Ghapter 18.16, Exclusive Farm Use Zones'
1. Section 18-16.020. Uses Permitted Outrisht'
J. A tawfutly established dwelting may he restored or replaced, subiect to DCC I 8.1 6'023'
l.ThereplacementdweltingissubjecttooAR660-033OlgO(3'O) and the Countyln* require as a condition of "ppinit of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action atleging iniury from farming or fores-t practicgg for- Yl'-".h no icti-on or itaim is altowed under ORS 30,936 to 30.937'
FINDING: The applicant is proposing to replace both of the existing dwellings on the property, in.tuoing the oldei conventional horie, and the double-wide manufactured home with newer dwellings. rne subject p.p"rtv includes an existing manufactured home placed in 1979/1980 through permit nor.-i+ei+. iptalement permit), and 0-9-t.t 33-794 (septic permit). Both permits are shown as final in the County pbrmit r""ord". There are no land use permits fo_r_either dwelling. There ir "Go a permit for a wooditove in the manufactured home (permit no. 79-786)'
2 The applicant believes there is the possibilitY of the conventional dwelling having been constructed Prior to 1925. However, the actual date of the construction of the conventional dwelling, given the many years it has been in place, does not affect the outcome of these AD aPPlications.
3 Also shown as permit no.247 -MH1153.
a Also shown as permit no.247-55487
E F
Page2 ot 7
The 1g25 dwelling was constructed many years before the adoption by the County of building, placement, or sepiic permit requirements. lt appears to have been in place for many years. Both the conventional and manufactured home are currently inhabited.
Both of the existing dwellings have all of the amenities required above, including intact exterior walls and roof structure, indoor piumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system, interior wiring for interior lights, and a heating system. Pictures illustrating iompliance with the above referenced replacement criteria have been submitted with this application. As a result, the applicant believes that both of the existing dwellings (older conventional dwelling, and double-wide manufactured home) qualify as laMully established dwellings.
The proposed new replacement dwellings locations will be placed to meet the minimum setbacks under DCC 18.16.070, which is addressed below.
The owner is aware of the need to sign and record the Farm and Forest Management Agreement as part of any approval of these two applications.
A tawfutty established dwelling may be altered, restored or replaced under DCC 18.16,020(J) above if, when an application for a permit is submitted, the County finds fo l'ts safisfaction, based on substantial evidence that:
A. The dwelting to be altered, restored or replaced met the following when an application for a permit is submitted;
1. The dwelling has, orformerlY had:
Intact erterior walls and roof structure;
lndoor plumhing consisting of a kitchen sinkn toilet and bathing facilities connected to a sanitary waste disposal system; lnterior wiring for interior lighb; A heating system;
FINDING: The subject property includes an older conventional home, and an existing double-wide manufactured home. The double-wide manufactured home was permitted as specific above. Both of the existing dwellings have all of the amenities required above, including intact exterior walls and room structuie, indooi plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system, interior wiring for interior lights, and a heating system. Pictures of both the conventional home and the manufactured home demonstrating compliance with the above standards have been provided by the applicant. Both existing dwellings are being lived in (they are inhabited).
2. The dwelting was assessed as a dwelling for purposes of ad valorem taxation for the previous five property tax years, or, if the dwelling has existed for less than five years, from that time; and
Section 1 8. 1 6.023. Lavvfullv Established Dwellins Replacement.
2
Page 3 of 7
a. b. G, d.
FINDING: The county Assessor's records indicate that the conventional dwelling has been assessed for a dwelling for many V""t Ao^g"i tn"n the manufactured home)' which has been assessed since 1980.
B. For replacement of a tawfully established dwetling under DCC 18,16.020(J):
l.Thedwellingtobereplacedmustberemoved,demolished or converted to an ailowabte nonresidential use:
a'Withinoneyearafterthedatethereplacement dwelling is certitied for occupancy pursuantto ORS 455.055 and DCC ChaPter 15'04; or
b.Ifthedwellingtobereplacedis,inthediscretign.gf theCounty,-insuchasfateofdisrepairthatthe structureisunsafeforoccupancyorconstitutesan attractive nuisance, on or before a date set by the Ciunty that is nof less than 90 days after the replaiement Permit is issued; and
c. tf'a dwelling i" ,".on"d by moving it off the subiect parcel to another locatioi, the applicant m,ust first 'obtain approval from the County for the new location.
FINDING: The dwellings are not in a state of disrepair, and will be either moved off the property or decommissioned as dwelling. "" ,"quir"d above. rne appticant is prepargd.to accept a condition of approvar consisteni *itn tni requiremeni. of tni. section. These two existing dweilings are being lived in (inhabited).
2.Theappticantmustcausetoberecordedinthedeedrecordsof tne Couiii i-"i"iir"ntthatthe dwetling to be replaced has been removed, demotished or converted'
FINDING: The applicant acknowledges that a document that includes a statement that both of the dwerings to be repraced have u"en ,e*oued/demorished or decommissioned as dwellings, will be recorded with the CountY Clerk'
3. Deed Restrictions'
a.Asaconditionofapproval,ifthedwellingto!ereplaced -ir-istocatedor"portionofthelotorparcelthatisnotzoned exclusive iarm use, the applicant shall execute and cause to be recorded in the deed records of the County a ieed restriction prohibiting the siting of another dwelling on that poriion of the lot or parcel'
b. ini ,"itriction imposed is irrevocable unless the County iiinning Directoi, or the Director's designee' places a siatemint of reteise in the deed records of the county to ine etfectthatthe provision of 2013 Oregon Laws, chapter iiz, section z aia oRs 215.283 regarding replacement aiettings have cianged to altow the lawful siting of another dwelling'
Page 4 ol7
FINDING: The subject property is zoned EFU-TE in its entirety. Consequently, both the existing dwellings, and the proposed replacement dwellings are located in the EFU zone.
4. The replacement dwelling:
a. May be sited on any part of the same lot or parcel; and
h. Must comply with applicable siting standards such as. minimum setbacks. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
c. Must comply with applicable building codes, plumbing codes, sanitation codes, and other requirements related to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.
FINDING: The proposed replacement dwellings will be located on the same parcel, and are required to meet the minimum setbacks under DCC 18.16.070, which are addressed below. The applicant is aware that the replacement dwellings must comply with applicable building codes, plumbing codes, sanitation codes, and other requirements related to health and safety at the time of construction' The replacement dwellings will be tocated on EFU-zoned property. The applicant is prepared to accept a condition of approval consistent with the requirements of this section.
c, The siting standards of DCC 15.16.023(D) apply when a dwelling under Dcc 18.16.020(J) qualifies for replacement because the
1,dwelling:Formerly had the features described in 18-16.023(A)(1)(a) through (d);
2. Was removed from the tax roll as described in DCC 18.16.an(4Q); or
g. Had a permit that expired as described under DCC 18.16.023(E)(2).
FINDING: The replacement dwellings are not subject to any of the listed conditions. DCC 18.16.023(D) does not apply to the replacement dwellings'
E. A replacement dwelling permit that is issued under DCC 18.16.020(J):
ls a land use decision as defined rn ORS 197'015wherethe dwelling to be replaced:
a. Formerly had the features described in DCC 1 5.1 6.023(A)(1 )(a) through (d) ; or
b. Was removed from the tax rolls as described in DCC 18.16.023(A)(3).
2. ls not subiect to the time to act limits of ORS 21 5.417; and
1 Page 5 of 7
3. If expired before January 7, 2A74, shall be deemed to be valid and effective, if, before January 1,2015, the holder of the permit:
a. Removes, demolishes or converts to an allowable nonresidential use the dwelling to be replaced; and
b. Causes to be recorded in the deed records of the County a statementthatthe dwelling to be replaced has been removed, demolished or converted.
FINDING: As stated in a foregoing finding, the existing dwellings on the property have the amenities required under DCC 18.16.023(AX1Xa through d) above. According to Planning Staff, notwithstanding DCC 18.16.023(EX2), Sections 1,2,3 and 11, chapter 462, Oregon Laws 2013, only a "deferred replacement permit" does not expire. This replacement permit is also not a 4-year permit subject to ORS 215.417 until January 2,2024. The approval is thus subject to the time to act limits under ORS 215.417, which the applicant believes is two (2) years. The existing dwellings are still on the property, so they have not expired as listed under 3 above.
3. Section 18.16.060, Dimensional standards.
E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040.
FINDING: The applicant will comply with the building height limitation of either 30 feet or except as allowed under DCC 18.120.040. The height of the replacement dwellings will be checked at the time of building permit submittal.
4. Section 18.16.070. Yards.
The front yard shall be a minimum of 40 feetfrom a property line fronting on a local street, 60 feet from a property line fronting on a collector street and 100 feet from a property line fronting on an arterial street.
Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adiacent to a propefty currently employed in farm use, and receiving special assesstnent for farm use, the side yard shall be a minimum of 100 feet.
c.
Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adiacent to a propefty currently employed in farm use, and receiving specral assessment for farm use, the rear yard shall be a minimum of 100 feet.
The setback from the north property line shall meet the solar setback requirements in Secfion 18.116.180.
In addition to the sefbacks set forth herein, any greatersefbacks required by applicable building or structural codes adopted by ffie Sfafe of Oregon andlor the County under chapter 1 5.04 of this title shall he met.
FINDING: The required minimum setbacks are: 60 feet front on Wilcox Avenue, which is a rural collector road; and 25 feet sides and rear. Because the proposed dwellings are replacement
E.
A.
B.
Page 6 of 7
D.
dwellings, the minimum side and rear setbacks are25 feet. The applicant is also aware of the need to meet the solar setback from the north lot line. The applicant states for the record that all required setbacks will be met with the proposed replacement dwellings, including the solar setback from the north lot line. The applicant is prepared to accept a condition of approval consistent with the requirements of this section.
FINDING: The proposed replacement dwellings will be located within an area where there is no stream or rimrock. These sections are therefore not applicable to the proposed replacement dwellings, or any accessory structures.
IV. GONGLUSION:
FINDING: Based upon the analysis provided above, these applications for two replacement dwellings in the EFU zone conforms to the standards for approval.
.
5. Sections 18.16.080. Stream setbacks. and 18.16.090. Rimrock setback.
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