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• • The applicant is requesting to locate a dwelling on tax lot 1600, which was previously the subject. of Marion County Measure 37 claim M06-246. The applicant is not requesting development on any contiguous property. This criterion is met. 13. The Claimant's qualification for one home site is subject to the following term: 7. The claimant may use a home site approval to convert a dwelling currently located on the property on which the claimant is eligible for Measure 49 relief to an authorized home site. If the number of dwellings existing on the property on which the claimant is eligible for Measure 49 relief exceeds the number of home site approval the claimant qualifies for under a home site authorization, the claimant may select which existing dwellings to convert to authorized home sites. There are no existing dwellings on the subject property. This criterion is met. 14. The Claimant's qualification for one home site is subject to the following term: 8. The claimant may not implement the relief described in this Measure 49 home site authorization if a claimant has been determined to have a common law vested right to a use described in a Measure 37 waiver for the property. Therefore, if a claimant has been determined in a final judgment or final order that is not subject to further appeal to have a common law vested right as described in Section 5(3) of Measure 49 to any use on the Measure 37 claim property, then this Measure 49 Home Site Authorization is void. However, so long as no claimant has been determined in such a final judgment or final order to have a common law vested right to a use described in a Measure 37 waiver for the property,, a use that has been completed on the property pursuant to a Measure 37 waiver may be converted to an authorized home site. There have been no applications received for a vested rights determination on the subject property. This criterion is met. 15. The Claimant's qualification for one home site is subject to the following term: 9. A home site approval does not authorize the establishment of a new dwelling on a lot or parcel that already contains one or more dwellings. There are no dwellings on the subject property. This criterion is met. 16. The Claimant's qualification for one home site is subject to the following term: 10. Because the property is located in an exclusive farm use zone, the owner must comply with the requirements of ORS 215.293 before beginning construction. 9 Case No. AR 21-038 — ORDER Fogarty