CU25-006 Staff Decision - Laserfiche WebLink

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10. A sign shall meet the standards in Chapter 17.191 MCC. 11. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation. 12. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to the county hearings officer for a public hearing. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying restrictions or conditions thereon. It is recommended the agencies mentioned in Finding #5 in the Findings and Conclusions section below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 13. The applicants should contact Aurora Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consider- ation by a hearings officer, must be in writing (form available from the Planning Division) and received by the Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on February 26th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective February 27th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding Exclusive Farm Use zone is to promote the continuation of commercial agricultural operations. 2. The property is located on the west side of Klupenger Rd NE approximately ¼ mile north of its intersection with Arndt Rd NE. Tax lot 1100 consists of a dwelling and one small farm building, while tax lot 1000 has several farm buildings and contains the farmable acreage of the property. The parcel was described in its current configuration in Volume 573 Page 283 in the book of land records for Marion County. This 1963 legal description concludes that this parcel is considered legal for land use purposes. 3. Surrounding uses immediately adjacent are zoned Exclusive Farm Use and contain large farming operations, with some having single family dwellings. 4. The applicants are proposing to operate their painting business as a home occupation on this property. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic Division commented: “An authorization will be required per OAR 340-071-0205 due to a change in use. No paint products will be permitted to enter the residential onsite wastewater system.” Marion County Building commented: “No Building Inspection concerns. Permit(s) would be required to be obtained prior to any development of structures, alterations of structures, and/or utilities installation on private property, if proposed.”