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CU25-014 PC Decision
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CU25-014 PC Decision
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Last modified
6/17/2025 12:21:33 PM
Creation date
6/17/2025 12:21:46 PM
Metadata
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Template:
Land Use
Case_Number
25-014
Document_Date
6/17/2025
Land Use Type
Conditional Use
Tax_Lot_Number
041W340000800
Document_Type
Decision
Site_Address
17644 PAINTER LOOP NE
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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property <br />you own elsewhere. State law requires that the county notify property owners within a certain distance from <br />this property. The proposal and address of the property is described in the "Application" section below. The decision <br />in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the <br />"Appeal" section. If you have questions, contact the staff person listed at the end of this report. <br /> <br /> <br />NOTICE OF DECISION <br />CONDITIONAL USE CASE 25-014 <br /> <br />APPLICATION: Application of Brett Allen Fobert for a conditional use permit to operate a <br />towing business as a home occupation on a 22.45-acre lot in an EFU (exclusive farm use) zone <br />located at 17644 Painter Loop NE (T4S; R3W; Section 34; Tax lots 800). <br /> <br />DECISION: On June 3rd, 2025, the Marion County Planning Commission DENIED the <br />proposal. <br /> <br />APPEAL PROCEDURE: This decision may be appealed to the Marion County Board of <br />Commissioners by submitting a written appeal explaining wherein the Marion County Planning <br />Commission decision is in error, along with a fee of $500.00. The appeal must be received in the <br />Marion County Clerk’s Office, 555 Court St. NE, Salem, by 5:00 p.m. on July 2nd, 2025. If an <br />appeal is received it will be reviewed by the Board of Commissioners to determine if it merits <br />further hearing and consideration by the Board. Questions regarding this decision or the appeal <br />procedure should be directed to the Marion County Planning Division, 5155 Silverton Road NE, <br />Salem, (503) 588-5038. <br /> <br />FINDINGS AND CONCLUSIONS: The Planning Commission decision is based on the <br />following findings and conclusions. <br /> <br />1. The subject property is zoned exclusive farm use (EFU) and correspondingly designated <br />primary agriculture in the Marion County Comprehensive Plan. The purpose of the EFU <br />zone is to provide areas for continued practice of commercial agriculture. These areas are <br />generally well suited for large-scale farming. The EFU zone is also intended to allow other <br />uses that are compatible with agricultural activities, to protect forests, scenic resources and <br />fish and wildlife habitat, and to maintain and improve the quality of air, water and land <br />resources of the county. <br /> <br />2. The property is located on the east side of the Urban Growth Boundary (UGB) for the <br />City of Hubbard. The northern 20-acres contains a grass field that is no longer in grass <br />seed production, and a 15,000 square foot structure built with an agricultural exempt <br />permit. A graveled area around the agricultural structure is being used for storage of <br />vehicles. The southern 2-acres contain the homesite. The homesite contains a dwelling <br />and a couple accessory structures east of the dwelling. To the west of the dwelling is a <br />graveled parking area where the applicant’s tow trucks are being stored. <br /> <br />3. Surrounding properties immediately adjacent to the north and east are zoned exclusive <br />farm use and in current farm use. Properties to the east across Painter Loop NE are within <br />the UGB for Hubbard and zoned Urban Transition (UT) These parcels consist primarily <br />of residential properties, with the exception of a 10-acre property in farm use. To the <br />south are a few properties zoned acreage residential (AR) and in use for rural residences. <br />South of these rural residential properties, and across Painter Loop NE, are EFU zoned <br />properties in use for farm operations, some timber production, and rural residences.
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