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Marion County Ordinance 1209, Section 8.1(g) is satisfied. <br /> <br /> <br />CONCLUSION <br /> <br />11. The Planning Division has concluded that the applicants’ claim meets all of the necessary <br />criteria. For compensation purposes, family ownership dates back to February 27, 1941, when <br />the property was not zoned and the proposed use was not regulated. <br /> <br />12. Under Section 10.3(b) of Ordinance 1209 if the claim is approved, in lieu of payment, the Marion <br />Board County Board of Commissioners may remove, modify, or not apply the regulation. If the <br />Board chooses to waive regulations, the waiver date is November 19, 1980 when the applicants <br />acquired the property as the Zwicker Family Partnership. At that time the property was already <br />zoned EFU and the proposed use was not allowed. The applicants are advised therefore, that <br />waiver of regulations back to November 19, 1980 will not provide the ability to subdivide the <br />subject property. <br /> <br /> <br />13. The EFU zone is regulated by Oregon Revised Statute 215.283 and Oregon Administrative Rule <br />660-033. Applicants need to obtain a waiver from the State of Oregon for the same use, before the <br />use can be allowed. <br /> <br />RECOMMENDATION <br /> <br />14. The Planning Director recommends approval of the claim. <br /> <br />If you have any questions regarding this report please contact, David Epling, Senior Planner, at (503) 588- <br />5038. <br /> <br />st <br />Dated at Salem, Oregon this 31 day of January, 2007. <br /> <br />James V. Sears <br />Marion County Planning Director <br />