AR25-003 Staff Decision - Laserfiche WebLink

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from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; or ii. On land identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $80,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; The subject tract consists of high value farmland. The applicant has submitted Schedule F and Loss documents for 2022 and 2023 showing income above the required $80,000 amount for both years. The criterion is met. iii. The primary dwelling is located on a commercial dairy farm as defined in this chapter; and a) The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and b) The Oregon Department of Agriculture has approved a permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and c) The Oregon Department of Agriculture has approved a producer license for the sale of dairy products under ORS 621.072; The applicant is not a commercial dairy farm and is not applying under this provision. The criterion does not apply. E. In determining the gross income in subsections (B)(4)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Livestock were included in these figures. With the cost of purchased livestock subtracted from each year of income, the applicant produced greater than $80,000 each year in gross income. The criterion is met. F. The dwelling will be consistent with the fish and wildlife habitat policies of the Comprehensive Plan if located in a designated big game habitat area. The dwelling is not located in a big game habitat area. The criterion does not apply. G. A deed restriction filed with the county clerk requiring removal of the home or removal, demolition or conversion to a nonresidential use if other residential structures are used, when the occupancy or use no longer complies with the criteria or standards under which the manufactured home was originally approved. This shall be made a condition of approval. H. 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: “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.” This shall be made a condition of approval. The criterion is met. I. In addition to the above criteria MCC 17.136.030 requires that a dwelling established in the EFU zone through this process shall comply with MCC 17.136.100(C), which reads as follows: