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Exhibit 3: Alternate Site Plans (# 1 and #2) submitted by Donald Holt Exhibit 4: Photograph of Farmland submitted by Patricia Hitz The record was left open to allow additional submissions by the Applicant, Appellants, and Opponents. The following submittals were received: Open Record Submittal 1: March 10, 2025 submission from Donald Holt. Open Record Submittal 2: March 12, 2025 submission from Mikel B. Hitz. Open Record Submittal 3: March 27, 2025 submission from Applicant. IV. Executive Summary Applicant seeks a conditional use permit to place a non -farm dwelling on an 8.4 acre parcel in the EFU zone located in the 14400 block of Union School Road in Woodburn, Oregon. The Planning Director for Marion County approved the Conditional Use. Appellants/Opponents challenge the soil study and classification, and object to the setback variance. Opponents' testimony was in large part concerned with changing the zoning on the property and general protection of agricultural lands. However, Applicant does not seek to change the zoning but rather seeks a conditional use permit to allow a non -farm dwelling in the EFU zone. Applicant was able to establish that it is unlikely farming would be commercially viable because of the parcel's size and substandard soil. Applicant has demonstrated through substantial evidence in the records that the Application satisfies the applicable approval criteria with reasonable conditions of approval. The Hearings Officer APPROVES the application as modified by Applicant's updated site plan. V. Findings of Fact The hearings officer, after careful consideration of the testimony and evidence in the record, issues the following findings of fact: 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation of commercial agricultural and forestry operations. 2. The property is located on the east side of Union School Rd NE, roughly 500 feet north of the intersection of Union School Rd and Wilco Hwy NE (Hwy 214). The property consists of three visibly distinct sections: The southern part consists of a sparsely forested area with overgrown underbrush; the middle section is dominated by an intermittent stream and the grassy riparian area sloping down to where the stream forms; finally, the northern section is a roughly 2-acre hazelnut orchard that appears unmaintained. The only structure on the property is a 1973 machine shed according to information available from the Marion County Tax Assessor. The property has been in its current configuration since at least April 4, 1974, when it was sold to Edwin A and Adeline V. Susa in the deed found on Reel 7 Page 220 in the book of land records, Marion County, OR, and is therefore legal for land use purposes. CU 24-043 — ORDER MKI CONSTRUCTION, LLC Page 2