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CU24-047 Staff Decision
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CU24-047 Staff Decision
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Last modified
12/4/2024 12:48:17 PM
Creation date
12/4/2024 12:49:18 PM
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Land Use
Case_Number
24-047
Document_Date
12/4/2024
Land Use Type
Conditional Use
Tax_Lot_Number
072W11C000700
Document_Type
Decision
Site_Address
072W11C000700
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9. There shall be no outside storage or display of materials, equipment, or merchandise used in, or produced in <br />connection with, the conditional home occupation. A sign shall meet the standards in Chapter 17.191 MCC. <br /> <br />10. Where a home occupation involves deliveries, one off-street loading space shall be provided. If visits by <br />customers occur, two additional off-street parking spaces shall be provided if the street along the lot frontage does <br />not provide paved area for at least two parallel parking spaces. During normal loading/unloading or customer <br />parking periods the off-street loading and parking spaces shall be reserved exclusively for that use. <br /> <br />11. The dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations. <br /> <br />12. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone or <br />mail order offsite sales, and incidental sales related to the home occupation services being provided are allowed. <br />No other sales are permitted as, or in conjunction with, a home occupation. <br /> <br />13. The home occupation will cease if and when tax lot 700 is sold separately from tax lot 800, which contains the <br />dwelling. <br /> <br />14. MCC 17.136.050(B) requires that a declaratory statement meeting the requirements of MCC 17.136.100(C) be <br />filed and this serves to notify the applicant and subsequent owners that there are farm or timber operations in the <br />area. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />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 any restrictions or conditions thereon. It is recommended that the agencies mentioned in <br />Finding #15 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />15. 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 />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 $250) 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 December19th, 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 />December 20th, 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 Exclusive Farm Use zone is to promote the continuation of <br />commercial agricultural operations. <br /> <br />2. The property is located at 7620 Heron St NE, about 400 feet from the intersection with 76th Ave NE. The property <br />consists of three parcels of 0.90-acre, 3.85 acre and 4.10 acre and contains a 1970 dwelling and two accessory <br />structures, including an 8,000 square foot and a 2,000 square foot accessory building. The home occupation is <br />proposed to be housed in the 8,000 square foot building. The home was built in 1970, and the three parcels were <br />described in their current configuration in a 1987 deed (Reel 541, Page 459) and are shown on a 1967 survey
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