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CU24-028 Staff Decision
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CU24-028 Staff Decision
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Last modified
11/8/2024 9:48:43 AM
Creation date
11/8/2024 10:47:59 AM
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Land Use
Case_Number
24-028
Document_Date
11/8/2024
Land Use Type
Conditional Use
Tax_Lot_Number
062W160002100
Document_Type
Decision
Site_Address
5711 BROOKLAKE RD NE
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other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying restrictions or conditions thereon. It is recommended that agencies mentioned in Finding #6 <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />8. The applicants should contact the Marion County No. 1 Fire District to obtain a copy of the District’s <br />Recommended Building Access and Premise Identification regulations and the Marion County Fire Code <br />Applications Guide. Fire District access standards may be more restrictive than County standards. <br /> <br />9. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional <br />Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150-day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on November 25th, 2024. If you have <br />questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />November 26th, 2024 unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation <br />of commercial agricultural and forestry operations. The zoning does also allow for certain commercial activities <br />conducted in conjunction with agriculture subject to certain conditions and criteria. <br /> <br />2. The property is located at 5711 Brooklake Rd NE on the north side of Brooklake Rd. It is roughly a half mile east <br />of the intersection of Brooklake Rd and Hwy 99E. The property contains a dwelling, a couple accessory structures <br />and on the 2023 aerial imagery there is a substantial amount of tree debris and heavy machinery located on the <br />property. Further review of available street imagery shows large logs stored on the property visible from the road <br />and behind a mound of dirt separating the Outside of the homesite area is a farm field that encompasses the <br />remainder of the parcel. <br /> <br />3. Surrounding uses are predominantly agricultural operations located on all sides except for the northern half of the <br />west property line, which is next to residential parcels zoned Acreage Residential within the Brooks-Hopmere <br />community. Commercial uses within Brooks-Hopmere are located half a mile down Brooklake Rd where it <br />intersects with Hwy 99E. Additionally, a dedicated right-of-way for 57th Ave NE (a non-county road) runs along <br />the full extent of the western property line, but most of this right-of-way is not actively used for a roadway. <br /> <br />4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high-value farm <br />soils. <br /> <br />5. The applicant is proposing to establish a mulching business as a commercial use in conjunction with agriculture <br />on the subject property. The business operations would include the storage of woody debris to be turned into <br />mulch, the production of the mulch on-site, and the storage of mulch. <br /> <br />6. Various agencies were contacted with the proposal and given an opportunity to comment. <br /> <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision.
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