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CU25-006 Staff Decision
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CU25-006 Staff Decision
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Last modified
2/11/2025 8:42:07 AM
Creation date
2/11/2025 8:42:22 AM
Metadata
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Template:
Land Use
Case_Number
25-006
Document_Date
2/11/2025
Land Use Type
Conditional Use
Tax_Lot_Number
031W330001100
Document_Type
Application
Site_Address
23765 KLUPENGER RD NE
Additional Info
031W330001000
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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own <br />elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and <br />address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or <br />use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed <br />at the end of this report. <br /> <br />NOTICE OF DECISION <br />CONDITIONAL USE CASE NO. 25-006 <br /> <br />APPLICATION: Application of Blanca Gutierrez Santos and Javier Gutierrez Aguilar for a conditional use permit to <br />operate a painting business as a home occupation on a 5-acre parcel in an EFU (Exclusive Farm Use) zone located at <br />23765 Klupenger Rd NE, Aurora (T3S; R1W; Section 33; Tax lots 1000 & 1100). <br />DECISION: Notice is hereby given that the Planning Director for Marion County has APPROVED the above-described <br />Conditional Use application subject to certain conditions. <br /> <br />EXPIRATION: This decision is valid only when exercised by February 26th, 2027 (two years from the effective date of <br />the decision) unless an extension is granted. The effective period of this application may be extended for one year subject <br />to approval of an extension. Request for an extension must be submitted to the Planning Division prior to expiration of the <br />approval. (Extension form available from the Planning Division). Additional extensions may not be granted if the <br />regulations under which this decision was granted have changed since the original approval. <br /> <br />WARNING: A decision approving the proposed use is for land use purposes only. Due to septic, well, and drain field <br />replacement areas, this parcel may not be able to support the proposal. To ensure the subject property can accommodate <br />the proposal the applicant should contact the Building Inspection Division, (503) 588-5147. <br /> <br />This decision does not include approval of a building permit. <br /> <br />CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use <br />established: <br /> <br />1. The applicant(s) shall obtain all required building permits, including septic if needed, from the Marion County <br />Building Inspection Division and Septic Division. <br /> <br />2. The applicant(s) shall record a Farm/Forest Declaratory Statement into the deed at the Marion County Clerk’s <br />Office. <br /> <br />ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually <br />satisfied: <br /> <br />3. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other <br />locations. <br /> <br />4. Paints shall not be disposed of in the residential onsite wastewater system. <br /> <br />5. The use shall not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and <br />slope stability, air and water quality. <br /> <br />6. A home occupation or bed and breakfast inn shall be operated by a resident of the dwelling on the property on <br />which the business is located. Including residents, no more than five full-time or part-time persons shall work in <br />the home occupation (“person” includes volunteer, nonresident employee, partner or any other person.) <br /> <br />7. The home occupation shall be operated substantially in the dwelling; or other buildings normally associated with <br />uses permitted in the zone in which the property is located. <br /> <br />8. The home occupation shall not unreasonably interfere with other uses permitted in the zone in which the property <br />is located. <br /> <br />9. A home occupation shall not be authorized in structures accessory to resource use on high-value farmland. <br />
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