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Staff Report (93)
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Staff Report (93)
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Last modified
5/17/2010 12:49:58 PM
Creation date
10/30/2024 3:17:25 PM
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Land Use
Case_Number
06-320
Document_Type
Decision
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Staff Report
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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 December 4, 2006. <br /> <br />Marion County Ordinance 1209, Section 8.1 (e) is satisfied. <br /> <br />(f) The applicant is the current owner. <br /> <br />Harold and Elaine Meadors signed a farm lease agreement and option to purchase agreement for the <br />subject property on February 6, 1992 with Leo Olson. On August 1, 1996, the Leo Olson Trust <br />recorded a real estate contract to sell the property to Harold and Elaine Meadors (Reel 1329; Page <br />452). In 2000, US Bank, trustee for the Leo Olson Trust, recorded fulfillment deeds to Harold and <br />Elaine Meadors (Reel 1732, Page 558, October 3, 2000 and Reel 1736, Page 373, November 29, <br />2000). The applicants are the current owners and have had a continuous ownership interest in the <br />property since February 6, 1992. <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 EFU 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 /> <br />CONCLUSION <br /> <br />11. The Planning Division has concluded that the applicants’ claim appears to meet all of the necessary <br />criteria. For compensation purposes ownership dates back to February 6, 1992, when the property <br />was already zoned EFU. Under the 1992 EFU zone the proposed subdivision was not permitted, <br />however, partitions were permitted subject to certain criteria. <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 February 6, 1992, when the property was <br />already zoned EFU and the proposed subdivision was not permitted. The applicants are advised <br />therefore, that removal of regulations back to February 6, 1992, will not provide the ability to <br />subdivide the property as proposed. However, partitions were permitted in the 1992 EFU zone, <br />subject to certain criteria. In order to allow partition of the property under its current EFU zone the <br />Board would have to not apply the following regulations: MCRZO sections 136.010, 136.030 (a), <br />136.050 (a) (except 136.070), 136.060 (a) and (b), 136.090 (a) and (b) except (b) (4), 172.36 and <br />MCCP Agricultural Lands Policies 2, 3, 4, and 5. <br /> <br />13. The EFU zone is regulated through Oregon Revised Statute 215.283 and Oregon Administrative <br /> <br />
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