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structures and some have evidence of “hobby” farm or non-farm uses on parcels attached to tax accounts that have dwellings <br />or other structures. Others are tax lots that may be related to adjacent agricultural uses. Some appear to be tax lots that serve <br />as access lots to adjacent tax lots from private or public roads. Several are tax lots inside of condominium complexes or are <br />parts of rural subdivisions that are still undeveloped or serve as access tax lots to adjacent dwelling tax lots. A further 29 <br />are rated high value farm soils with irrigation, another 13 parcels are contiguous with identical ownerships. That leaves 9 <br />parcels, 4 of which are Measure 37/49 approved which might be developable with dwellings in the future. That leaves 5 <br />parcels including the applicants’ tax lots. That leaves at least three remaining parcels within the subject area that could <br />establish a dwelling – depending on the ability to meet Marion County code requirements. <br /> <br />The applicable criteria require the applicant to identify the broad types of farms used within the study area. However, due <br />to the number of smaller hobby farms within the study area, it becomes difficult to determine all the uses within the study <br />area. The larger commercial farm operations are generally to the east and south of the subject property. To the south <br />where a large parcel is located, the use is grass seed and grains, with some livestock such as cattle, and nursey operations. <br />Further to the east within the study area is where most of the irrigated crops are grown. In these areas there is grass sod, <br />nursery crops, hazelnut orchards, and a few cattle farms. In general, larger tracts simply do not exist within the study area, <br />most of the smaller hobby farms are developed with homesites and have been for many years. While the AR zoned parcels <br />inside the study area to the north have influence on the SA and EFU zoned lands within the study area, it cannot be <br />ignored, and in many ways are representative of the land use pattern that has developed over the last 30 years. <br /> <br />In addition to above, of the total parcels in the study area, 246 are developed with at least one dwelling and some have 2 <br />dwellings, and one property has 3 dwellings. That is approximately 77% of the parcels in the study area containing at least <br />one dwelling. The applicants’ representative’s review of Marion County records indicates that most of these parcels were <br />developed with dwellings prior to January 1, 1993. Resulting in over 60% of the parcels in the study area having had some <br />type of residential structure on the properties for at least the past 30 years. There has been additional residential <br />development since January 1, 1993, through to the present day, but most of the residential uses have been established, and <br />have been the predominate use in the study area for decades. The applicants’ proposed non-farm dwelling would be <br />consistent with, and continue the development patten that has been established on the majority of parcels in the study area, <br />even prior to 1993. It is not expected that the addition of one additional non-farm dwelling in the area will significantly or <br />materially alter the land use stability of the area. Staff concludes that the area presented by the applicant is a fair <br />representation of the surrounding area and is sufficient to arrive at a sampling of the land use pattern and satisfies the <br />above criteria: A,B,C. <br /> <br />10. ADJUSTMENT: In addition, non-farm dwellings shall be subject to the following code as provided for in <br />17.137.070, Non-farm dwelling requirements: <br /> <br />A. Special Setbacks. <br />1. Dwellings. A special dwelling setback of 200 feet from any abutting parcel in farm use or timber <br />production is required. <br />2. Accessory Buildings. A special setback of 100 feet is required for buildings accessory to a dwelling <br />from any abutting parcel in farm use or timber production. <br />3. Adjustments. The special setbacks in subsections (A)(1) and (2) of this section may be reduced if it <br />is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, <br />that a lesser setback will meet the following review criteria for alternative sites: <br />a. The site will have the least impact on nearby or adjoining forest or agricultural lands. <br />b. The site ensures that adverse impacts on forest operations and accepted farming practices <br />on the tract will be minimized. <br />c. The amount of agricultural and forestlands used to site access roads, service corridors, <br />the dwelling and structures is minimized. <br />d. The risks associated with wildfire are minimized. <br />The subject parcel is approximately 1,100 feet from north to south and 310 feet at the widest position at the far south. The <br />applicants are proposing to reduce the setbacks from 200 feet to 120 feet for the eastern property line, and reducing the <br />southern property line from 200 feet to 100 feet. Considering the dimensions of the property and the presence of Willa Lake <br />and the required 30 foot setback from the lake, 200 foot setbacks would not allow for a suitable building site, nor the locating <br />of septic systems or accessory structures.