CU25-001 Staff Decision - Laserfiche WebLink

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(b) The parcel is suitable for the proposed use considering such factors as size, shape, location, topography, soils, slope stability, drainage and natural features. The parcel is 0.18 acres and does not contain steep slopes, unstable soils or drainage issues as it is in a developed subdivision. The parcel is large enough to support the home occupation. All storage of supplies, tools, and vehicles related to the business shall be stored on the property. The criterion is met. (c) The proposed use, as conditioned, will not substantially limit, impair, or preclude the use of surrounding properties for the uses permitted in the applicable zone. As the materials are stored inside, there are no employees on site other than the applicants, Brenda Rosas and Jose Ortiz, and with no customer visits to the property, this should have little to no effect on surrounding uses or dwellings. The dispatch of employees from the site and the immediate vicinity have generated neighborhood concern and Code Enforcement action. The parking of employee vehicles in the immediate neighborhood has also been brought to Staff’s attention by Code Enforcement. This home occupation, as conditioned, should not further increase vehicle trips or parking on the road. This shall be a condition of approval; the criterion is met. (d) The proposed use, as conditioned, will not have a significant adverse effect on air or water quality. The use does not create fumes or other discharges that can be absorbed in the air. A home occupation inside a dwelling is not an unusual activity for a residential parcel and should not cause water quality issues. The home is serviced by the sewer and storm water utilities. Any excess can flow to the storm drainage. This is not expected to have any significant adverse effects. The criterion is met. (e) Adequate public and utility facilities and services to serve the use are available or will be made available prior to establishment of the use. The area is served by the City of Salem utilities and Marion County Fire District No.1. The criterion is met. 7. In addition to these general criteria, in order to approve a Conditional Use in a RS zone the specific criteria in MCC 16.32.400 must be satisfied: A home occupation that employs no more than one person (“person” includes volunteer, nonresident employee, partner, or other person) in the conduct of the home occupation may be approved as a conditional use subject to meeting the following criteria: A. The premises upon which the home occupation is conducted shall be the residence of the person conducting the home occupation. Brenda Rosas and Jose Ibara are the owners and residents of the property. The applicants do rely on additional employees; their workforce varies from 5 to 12 depending on the seasonal nature of their work. In their application the applicants state that they pick up their employees off site and transport them to the job sites. The dispatch of employees from the home occupation site in not allowed per MCC 16.32.400(J). The applicants shall not dispatch employees from the home occupation site – this shall be a condition of approval. The criterion is met. B. The home occupation shall be continuously conducted in such a manner as not to create any nuisance, public or private, known law or equity, including but not limited to: noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. The tools, supplies, and storage totes are required to be stored inside, or out of sight, and with no customers coming to the property, the home occupation shall be conducted in such a way as to have as little impact as possible on the neighborhood. The forest restoration business by nature does not create fumes, smells or other adverse effects for the surrounding residents. As conditioned, this home occupation will have the least impact on surrounding uses because it controls the outside appearance of the property and the parking of company vehicles and employee vehicles so neighbors will not see a business, they will see a residential home. The criterion is met.