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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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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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EFU zone where the subject property is located. The Planning Commission finds <br />that this criterion is not met. <br /> <br />(d) A home occupation shall not be authorized in structures accessory to resource use <br />on high-value farmland. <br /> <br /> There is a large structure on the northern side of the parcel built with an <br />agriculturally exempt permit. The applicant states that it is in use for maintenance <br />of farm vehicles and equipment, as well as storage of farm equipment, materials <br />and incidental personal vehicles and items. The applicant stated in the application <br />materials, and subsequent conversations with staff, that the agricultural structure <br />is in no way related to the tow truck business. <br /> <br /> Staff visited the site on May 19th, 2025, to see the parking area of the tow trucks <br />and the agricultural structure. Staff saw that the contents of the parking area <br />around, and the inside of, the agricultural structure matched the description of the <br />applicant. The applicant attests that maintenance of farm vehicles and equipment <br />owned by the Fobert family occurs within the structure, with some incidental <br />personal vehicle maintenance. <br /> <br /> The applicant states that the semi-truck trailers stored in the gravel parking area <br />around the agricultural structure are for the transport of hay. During the public <br />hearing before the Planning Commission, an opponent of the proposal brought up <br />that the applicant’s towing business (B&T Transport) also advertises transport of <br />personal property within the trailers. The applicant was unable to provide any <br />evidence in the record to support their assertion that the trailers were for the <br />transport of hay. Hay is traditionally transported on flat bed trailers or bale trailers <br />which are open to the air and are specifically designed for transporting large <br />round bales. Transporting hay inside of an enclosed semi-trailer is not a standard <br />method. <br /> <br /> Part of the code enforcement investigation on the subject parcel involved <br />allegations of an automotive repair business inside an agricultural structure. Staff <br />observed during their site visit, and the applicant provided pictures of, an area <br />with mechanic tools and two vehicle lifts within the agricultural structure. The <br />applicant stated that this area is for working on farm vehicles and equipment <br />utilized on the family farm. When asked about the family farm, the applicant told <br />staff verbally that they farmed between 200 and 300 hundred acres. The applicant <br />was not able to identify where those acres are located. The applicant was not able <br />to provide any evidence regarding what crops are produced. They assert that hay <br />is being produced and harvested somewhere and then moved via the trailers <br />parked in the parking area of the agricultural building. The applicant was unable <br />to provide any evidence that the vehicles that are being worked on in the <br />automotive shop area of the agricultural building are farm vehicles owned by the <br />applicant or his family. <br /> <br /> There is insufficient evidence in the record to support the applicant’s description <br />of farm activities involving the agricultural structure. The proposed tow truck <br />home occupation also appears to involve transport of non-farm goods utilizing <br />trailers stored in the fenced parking area of an agricultural structure, and vehicular <br />repair within the storage structure.
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