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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 24 20' Page: difficulty which can be relieved only by modifying the )iteral requirements of the ordinance. Applicant has not demonstrated the granting of the application would not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood of the premises. Granting of a use variance in an EFU zone which is designated in the Comprehensive Plan for low density rural development would be injurious to the improvements in the neighbor- hood by encouraging declining property value. Applicant cites neighboring property uses as justification for meeting this criteria however non-conforming uses in the vicinity do not constitute the standard against which the variance criteria are applied. MCZO 122.020(d) has been addressed by the applicant who asserts that it is necessary for the variance in order for him to fully utilize the property. Applicant may continue to utilize the property for those uses permitted under the zone. MCZO 122.020(e) has been met in that the proposal would not adversely affect the health or safety of persons working or residing in the neighborhood of the property. MCZ0 122.020(f) has not been met by the applicant as in 9ranting a variance would not be in harmony with the intent and purpose of the zone code and would adversely affect the officially adopted comprehensive plan of the City of Stayton. While it is recognized that the development of a rural residential area such as this frequently evidences home occupations such as construction and trucking businesses, such uses whether legal non-conforming uses or illegal uses are not the standard by which a variance for a new use would be granted. Applicant's proposal for an RV repair and storage is essentially a commercial/light industrial use it is inconsistent with the EFU zone and it is inconsistent with the Stayton Comprehensive Plan which is designated this area as low density residential. Until such time as the City of Stayton officially changes the designation in the Stayton Comprehensive Plan of the subject property to Industrial or Commercial this variance application is inappropriate. VI. Order It is hereby found that the applicant has failed to meet the burden of proving the relevant standards and criteria and therefore it is ordered the application for a use variance is V 87-2/ORDER - ~