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relies on commercial viability as one factor among several that support the determination that <br />the Homeiites are irrevocably committed. Namely, (1) lack of commercial viability; (2) limited <br />access and maneuvering space due to the adjacent residential parcels; (3) sharp slopes along <br />the ridgeline adjacent to the property lines; (4) constraints stemming from the roadways and <br />the utilities along the roadway that limit the ability to farm this property; and (5) the geological <br />and topographical makeup of these particular parcels makes resource use, from crop farming <br />to forest use, unproductive. Applicant has established when viewed through the totality of the <br />circumstances, the relationship between the adjacent lands and the pattern of development <br />applied via the previous goal exception have rendered the Homeistes irrevocably committed. <br />20. DLCD also commented that this Application was similar to the Pfennig Trust case (CP/ZC/P <br />19-005) in which LUBA found that Marion County improperly determined that the Pfennig <br />property was irrevocably committed. A close examination of the facts of the Pfennig <br />application against the facts of the Enchanted Ridge (ERPOA) Application is necessary to show <br />that the ERPOA application is noticeably different than Pfennig. <br />EXAMINATION OF FACTS COMPARISON <br />Pfennig Trust Case No. CP/ZC/P 19-005 <br />- Pfennig involved a 20.46 ac. SA zoned parcel <br />that the applicant wanted to get an exception <br />to the entire property in order to create two, 2 <br />ac. parcels, and a 16.46 ac. parcel with <br />subsequent partitions to the 16.46 ac. parcel. <br />Pfennig wanted to convert farmland out of the <br />heart of the property for residential use. <br />- The Pfennig property is bordered on the north, <br />northwest, and east by AR zoned properties, <br />but is bordered by SA zoned properties to the <br />south, and west. In Pfennig, there are farm <br />uses occurring west of the Pfennig property on <br />the SA zoned land. <br />- Access to the Pfennig property was by a single <br />access road (Whispering Way SE) off of <br />Macleay Road SE that ends at the northern tip <br />of the Pfennig property. There are no other <br />access roads that split up the Pfennig property. <br />- Only 4 AR zoned parcels abutted Whispering <br />Way SE. <br />Exhibit A - Findings Case No. CP/ZC 21-005 <br />ERPOA Case No. 21-005 <br />- ERPOA involves a 85.60 ac. EFU zoned <br />parcel that the applicant is wanting an <br />exception to separate off three parcels, <br />not the whole Property. Further, in <br />ERPOA, the Applicant is not attempting <br />to take any portion of the heart of the <br />farm property, but only the isolated <br />areas that are truly irrevocably <br />committed. <br />- The ERPOA Property is bordered by <br />SA to the east, but surrounded, north, <br />south, east and west by AR and <br />Commercially zoned property. In <br />ERPOA, there are no farm uses adjacent <br />to the property in the neighborhood. <br />- Access to the ERPOA Property is by a <br />single access road (Enchanted View <br />Lane SE) off of Enchanted Way SE, but <br />then splits into three different access <br />roads (Enchanted View Lane, <br />Enchanted Ridge Court, and Valley <br />Way SE). These access roads are paved <br />and cut through the ERPOA Property <br />serving the existing adjoining <br />residential development. <br />- 30 AR zoned parcels abut the ERPOA <br />Property (off of Enchanted View Lane, <br />14 <br />4864-0600-7078, v. 3 <br />