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Staff Report (89)
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Staff Report (89)
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Last modified
5/17/2010 1:45:29 PM
Creation date
10/30/2024 3:16:47 PM
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Land Use
Case_Number
06-159
Document_Type
Decision
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Staff Report
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<br />The applicants’ proposed use is restricted through the Marion County Rural Zoning Ordinance. <br />Under the property’s current EFU zoning there are no other processes available that would permit <br />the use. <br /> <br />Marion County Ordinance 1209, Section 8.1(c) is satisfied. <br /> <br />(d) The restriction on the use has the effect of reducing the fair market value of the subject <br />property. <br /> <br />According to Section 3.13 of Ordinance 1209, a reduction in fair market value means the difference <br />in fair market value of real property, as it exists at the time a claim is made under Measure 37, with <br />and without application or enforcement of a land use regulation. The applicants submitted a <br />comparative market analysis from Prudential NW Properties. The analysis indicates the current <br />value of the subject property is $219,900 to $385,000. The analysis further states the fair market <br />value of each proposed 5-acre lot would be $475,000 to $649,000, for a loss in value of <br />$4,445,000. Based on this evidence it appears that the fair market value has been reduced by the <br />subdivision denial. <br /> <br />Marion County Ordinance 1209, Section 8.1(d) is satisfied. <br /> <br />(e) The application for compensation was timely filed. <br /> <br />Under the provisions of Measure 37 applicants have two years from the date of a denial or the <br />effective date of the Measure to file a claim. The claim was timely filed on November 21, 2006. <br /> <br />Marion County Ordinance 1209, Section 8.1 (e) is satisfied. <br /> <br />(f) The applicant is the current owner. <br /> <br />Marion County deed records (Volume 526; Page 899) indicate that Florence and Dallon W. Zwicker <br />(deceased) acquired title to the property on September 28, 1959 when deeded to them by Emil and <br />Matilda Zwicker. Florence Zwicker deeded ownership interest to the Zwicker Family Partnership <br />on November 19, 1980 (Reel 233; Page 1693). Florence Zwicker, Monty Zwicker and Terri <br />Zwicker, as partners of the Zwicker Family Partnership, are the current owners and have had a <br />continuous ownership interest in the property since November 19, 1980. <br /> <br />Marion County Ordinance 1209, Section 8.1(f) is satisfied. <br /> <br /> (g) The County is the entity responsible for payment, not some other agency that enacted the <br />challenged regulation. <br /> <br />The property is outside any city limits and regulated by the Marion County Rural Zoning Ordinance. <br /> The denial in the zoning verification letter October 3, 2006 was based on the use being inconsistent <br />with the goals of the Marion County Comprehensive Plan and the intent of the EFU zone. As these <br />regulations were enacted by Marion County the County is the responsible entity. <br /> <br /> <br />
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