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<br />3 <br /> <br />(c) “Owner”, as the term is used in this section only, includes the wife, husband, <br />son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in- <br />law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, <br />stepparent, stepchild, grandparent, or grandchild of the owner or business entity <br />owned by any one or combination of these family members. <br /> <br />The property was purchased by Glen and Margie Morley in 1973. The property remained in their <br />ownership until they passed away, Glen in 2019 and Margie in 2023. Their daughter Linda <br />Morley is now the trustee for the estate. Therefore both (b) ad (c) of MCC 17.137.030(D)1 are <br />satisfied and the criterion is met. <br /> <br />(2) The tract on which the dwelling will be sited does not include a dwelling. <br /> <br /> The subject parcel does not contain a dwelling. The criterion is met. <br /> <br />(3) The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, <br />and no dwelling exists on another lot or parcel that was part of that tract. <br /> <br />The subject parcel is contiguous with property in the same ownership, but zoned AR. Lot-of- <br />record dwellings are not applicable to the AR zone. Therefore, for the purposes of this <br />administrative review, the contiguously owned parcels are not considered a tract because they are <br />not contiguously zoned. The criterion is met. <br /> <br />(4) When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining <br />portions of the tract are consolidated into a single lot or parcel when the dwelling is allowed. <br /> <br />This criterion will not apply because the subject parcel is not a part of a tract of SA zoned parcels. <br />The contiguously owned AR zoned parcels are legal lots and not considered as a part of the <br />2,000-acre study. The criterion does not apply. <br /> <br />(5) The request is not prohibited by, and complies with, the Comprehensive Plan and other provisions <br />of this ordinance, including but not limited to floodplain, greenway, and big game habitat area <br />restrictions. <br /> <br />The subject property is not located within a floodplain, greenway, or big game habitat area. The <br />subject property and proposed dwelling will comply with the provisions of the SA zone, which <br />implement the standards of the Special Agriculture designation in the Marion County <br />Comprehensive Plan. The criterion is met. <br /> <br />(6) The proposed dwelling will not: <br /> <br />(1) Exceed the facilities and service capabilities of the area. <br />(2) Create conditions or circumstances contrary to the purpose of the Special <br />Agriculture zone. <br /> <br />The applicant recognizes that the proposed dwelling would rely upon a well and septic to provide <br />water and sewer services. This will require permitting though Marion County Septic and the