AR25-004 Staff Decision - Laserfiche WebLink

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The applicant presented their 2022 and 2023 Schedule F tax forms, claiming that the income came from nursery stock from the subject parcels (referred to as “4 Corners – 03”). These forms confirm that the applicant did earn on the subject tracts over $80,000 of gross income from the sale of nursery stock grown and/or harvested on the subject parcels. The 2022 gross income was reported as $1,846,202 and the 2023 gross income was reported as $1,524,328. Sales receipt ledgers provided indicated that the subject parcels were responsible for $130,122 of the income in 2022 and $82,596 in 2023. The applicant also acknowledged that surrounding parcels are also used for nursery stock, grass seed, and other agricultural products. The financial documents provided by the applicant, along with his written statements show that the applicant is the farm operator who has earned on the subject parcel in the last two years at least $80,000 annually from the sale of farm products grown on the subject parcel. The criterion is met. c. The subject tract is currently employed for the farm use that produced the income required in subsection (A)(1)(b) of this section; The applicant attests that he will continue to farm the subject parcels. The nursery stock was grown or harvested on the subject parcel and will continue to be used for similar activities. The subject tract is therefore currently employed for the farm use that produced the income required by the previous criterion. This criterion is met. d. The proposed dwelling will be occupied by a person or persons who produced the commodities which generated the income in subsection (A)(1)(b) of this section; or The applicant proposes a dwelling for his family to be able to live in and manage nursery operations more effectively. The dwelling is specifically related to the agricultural production generating the income on this property and will be occupied by his family member, Sarah McKay, who will continue to produce the nursery stock which generates income on this farm. The criterion is met. A declaratory statement shall be recorded per MCC 17.136.030(A)(6). All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027. A declaratory statement (Use of Agriculture Land for Dwelling Qualification) attaching these CCRs to the deed will be a condition of approval. The criterion is met. 7. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: April 16th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt at (503) 566-3981. Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.