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classification, he has also been identified by DLCD as a "professional soil classifier" and is included on the list that DLCD is required to maintain to provide the public with options for well qualified individuals to perform soil assessments. The fact that he was paid by the Applicant to provide his professional services does not indicate that he is biased. The Assessment was based on ten (10) excavations done using a backhoe and other field- testing equipment. (Exhibit 101 p. 2). The location of these soil samples is identified on a map that is included in the Assessment and which shows that the samples were taken at multiple points on the property, in varying locations in order to determine the makeup of the entirety of the Property. Id. at 22. The Assessment than provides an analysis of the soil typology as well as discussing the historic use of the Property, including expert testimony refuting the claims set forth in the Opposition Testimony. Specifically, in analyzing the aerial from 1970, the Soil Classifier notes that "[t]he lower valued Steiwer Variant soils along with Terrace Escarpment units (and floodway) shows inferior crop growing conditions with stunted tree crops and areas of no crops within these soil units." Id. at 37. The area that Applicant proposes for the construction of the dwelling is within the area mapped with these soils, and specifically in Steiwer Variant (S WB) portion of the Property where the aerial photographs depict "tonal pattern difference with tree drop -out and intrusion of unwanted bush species." Id. at 38. The Assessment establishes that the Applicant has followed the regulatory process for establishing that the Property is not classified with high -value farm soils, allowing it to submit an application for a nonfarm dwelling. Opponents argue that the previous owners had various farm uses on the Property. The Soil Classifier addresses the historical use of the Property in the Assessment and refutes the Opponent's position regarding the viability of farming on the Property. The Soil Assessment process is established to ensure that a qualified professional is performing these types of assessments on a scientific basis. The soil assessment process has been done on a scientific basis and in compliance with the regulatory process. Applicant's soil assessment therefore meets the requirements set out in MCC 17.136.130 and a change in the soil classification can be considered. The soils assessment found that 75.7% of the soils on the subject parcel are comprised of non -high value farm soils, with a total of 6.36- acres of Class IV and Class VI soils. Therefore, the criterion is met. (2) The dwelling will be sited on a lot or parcel that does not currently contain a dwelling and was created before January 1, 1993. The boundary of the lot or parcel cannot be changed after November 4, 1993, in any way that enables the lot or parcel to meet the criteria for non farm dwelling. The subject property does not include a dwelling and only has a small accessory building along its frontage on the road. Research into the deed history of the parcel found that it has been in its current configuration since at least April 4, 1974. The boundary of the parcel has not changed since January 1993, and the parcel meets the criterion. CU 24-043 — ORDER MKI CONSTRUCTION, LLC Page 9