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property on October 16, 2002, when deeded to it by Anthony DeSantis. Applicant SAD, LLC is the <br />current owner and has had a continuous ownership interest in the property since October 16, 2002. <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 was based on the use being inconsistent with the goals of <br />the Marion County Comprehensive Plan and the intent of the FT zone. As these regulations were <br />enacted by Marion County the County is the responsible entity. <br /> <br />Marion County Ordinance 1209, Section 8.1(g) is satisfied. <br /> <br />CONCLUSION <br /> <br />11. The Planning Division has concluded that the applicants’ claim does not appear to meet all of the <br />necessary criteria. Applicant 7D Lands, Inc. is not a current owner of the subject property. For <br />compensation purposes, applicant SAD, LLC ownership dates back to October 16, 2002, when the <br />property was already zoned FT and the proposed use was not permitted. <br /> <br />12. Under Section 10.3(b) of Ordinance 1209 if the claim is approved, in lieu of payment, the Marion <br />County Board of Commissioners may remove, modify, or not apply the regulation. If the Board <br />chooses not to apply regulations the applicable date is also October 16, 2002. As applicant SAD, <br />LLC acquired the subject property under the current FT zone, those standards apply and there are <br />no regulations to remove. <br /> <br />13. The FT zone is regulated by Oregon Revised Statute 215.283 and Oregon Administrative Rule 660. <br />Applicants need approval from the State of Oregon for the same use, before the use can be allowed. <br /> <br /> <br />RECOMMENDATION <br /> <br />14. The Planning Director recommends denial of the claim. <br /> <br /> <br />If you have any questions regarding this report please contact, Brandon Reich, Associate Planner, at (503) <br />588-5038. <br /> <br />nd <br />Dated at Salem, Oregon this 2 day of March, 2007. <br /> <br />James V. Sears <br />Marion County Planning Director <br />