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alone is not sufficient for a determination that a given property is irrevocably committed, but <br />it is a factor that weighs towards a determination that the proposed residential parcels are <br />irrevocably committed to non -resource use. This is in line with the definition of "farm use" in <br />215.203(a) which specifically references the use of land for "the primary purpose of obtaining <br />a profit." Gross profit is revenue minus the cost of providing the goods or services sold. Cole <br />Sandlin, the tenant farmer in his letter to Marion County has identified that the costs of <br />providing the goods grown and harvested off of the Homesites well exceeds his revenue <br />received from this portion of the Property. As such, Applicant has demonstrated that the ability <br />to use the Homesites for the purpose of making a profit when employed for farm use, is not <br />only limited by the constraints placed on these isolated portions of the Property but exceeds his <br />revenue. <br />15. DLCD additionally remarked on Oregon's "right to farm" laws, which are codified in ORS <br />30.930. Applicant does not dispute DLCD's statement regarding the legal right of farmers to <br />carry out farm and forest practices on the Property. Rather, the Applicant pointed to evidence <br />in the record submitted by the tenant farmer that the proximity of residential properties to the <br />Homesites make farming impracticable due to the chilling effect this proximity has on the <br />tenant farmer's perceived ability to use commercially reasonable implements on these <br />properties. This statement gives further weight to the determination that the Homesites are <br />"irrevocably committed" due to do the determination that these portions of the Property are <br />uniquely pinned in by the configuration of the neighboring residential properties permitted <br />under the historical exception applied to the surrounding properties. These statements focus on <br />one of many factors that support the determination that farming these isolated tracts is not <br />practicable, not on the legality of farming or forest uses on these portions of the Property which <br />is not at question here. <br />16. If the portion of Property is approved for a zone change to Acreage Residential, the remnant <br />Farm Parcel can be preserved even though it will not be contiguous to resource property. The <br />Farm Parcel could still be farmed, but with co -existing residential uses. The area was previously <br />granted an exception to Goal 3 based on a 1973 Subdivision that was approved (Exhibit 105). <br />In the findings, Marion County notes that the subject EFU parcel was left as one farm parcel <br />as it was the best grazing land and allowing the entire area to be changed to Residential use <br />would "destroy the rural character of the area." Approval of this Exception Area was based <br />around clustering the houses to the north, south, and west to decrease conflicts with surrounding <br />farmland as well as the continuity of ownership between the Property and the resource property <br />to the east. However, this finding failed to note the excessive slopes that run adjacent to the <br />property line that divides the Property from K2A Properties, LLC's parcel and the constraints <br />these topographical features would place on moving farm equipment between the Enchanted <br />Ridge area (west) and the valley floor to the east. <br />As outlined above, the topography of the Property acts as an additional restriction on the <br />Property and Homesites that was not previously considered when the original goal exception <br />was applied. The Property itself slopes into the center from both the southeast and the <br />southwest, creating a valley sloped down to the northwest of the Property. This isolates the <br />Property from the adjacent EFU and commercial lands, creating a bowl rimmed with existing <br />residential uses, with significant elevation changes from the top of the ridge down to the center <br />of the valley. This has resulted in Marion County mapping an excessive slide overlay on the <br />eastern rim of the Property, adjacent to the neighboring EFU property, which effectively cuts <br />that neighboring EFU property off from the subject Property and rendering it impossible to <br />Exhibit A - Findings Case No. CP/ZC 21-005 <br />4864-0600-7078, v. 3 <br />1 <br />11 <br />