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Decision (225)
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Decision (225)
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Last modified
10/3/2013 8:43:12 AM
Creation date
10/30/2024 3:26:48 PM
Metadata
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Template:
Land Use
Case_Number
09-044
Document_Date
9/22/2009
Land Use Type
Conditional Use
Tax_Lot_Number
083W34C 00200
Document_Type
Decision
Site_Address
555 MISTY LN SE
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FINDINGS AND CONCLUSIONS <br />: The findings and conclusions on which the Director based <br />his decision are noted below. <br /> <br />1. The property is designated Special Agriculture in the Marion County Comprehensive <br />Plan. The purpose of this designation and the corresponding SA (Special Agriculture) <br />zone is to promote the continuation of commercial agricultural operations. <br /> <br />2. The parcel is located on the north side of Misty Hill Lane approximately 650 feet east of <br />Redstone Avenue. The property contains an existing dwelling, accessory buildings, well, <br />and septic system. The property was legally created as Parcel 3 of Major Partitioning <br />Case 78-63 (MP78-63). <br /> <br />3. Surrounding parcels to the north, south, and west are zoned SA, and the EFU zone is to <br />the east. The properties consist of a mixture of various sized parcels devoted to farm use <br />and rural residential development. <br /> <br />4. Soil # % of Parcel SCS Soil Class High Value? <br /> Nekia (NeD) 20.1 III Y <br /> Nekia (NeE) 79.9 IV N <br /> <br />5. Current resource use of the parcel (from Standard Industrial Class - SIC): <br />Type: 001 Acres: 4.75 <br /> <br /> <br />6.The applicants propose to establish an adult day care business as a home occupation. <br /> <br />7. Marion County Department of Public Works commented: <br /> <br />STREETS <br />In accordance with Marion County Driveway Ordinance #651, driveway permits will be <br />required for any new access or change in use of the existing access to the public right-of- <br />way. As a condition of this land use application, the applicant shall be required to apply <br />for a driveway “Access Permit” and construct any improvements required by the permit. <br />Driveways must meet sight distance, design, spacing, and safety standards. The subject <br />access connection to be reviewed is the intersection of Misty Lane SE with Redstone <br />Avenue SE. <br /> <br />In zones where signs are permitted, Section 191.080(d) of the Marion County Rural <br />Zoning Ordinance (MCRZO) stipulates a 3-foot setback for signs in addition to any <br />Special Centerline Setbacks. However, fixed signs may be allowed within Special <br />Setback areas by recordation of an executed Removal Agreement, as described in Section <br />191.090. No signs may be located within the public right-of-way. <br /> <br />The applicant shall provide evidence of recorded Declaration of Covenants for Road <br />Maintenance Agreements (RMAs) regarding Redstone Avenue SE, a non county- <br />maintained Public Access Road, and Misty Lane SE, the private, shared access easement. <br />Each RMA shall reference the road and easement, respectively. Public Works needs to <br /> <br />
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