CU25-014 PC Decision - Laserfiche WebLink

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Neighbors stated that the applicant tows wrecked vehicles to the subject parcel. Neighbors also provided images of a wrecked vehicle being towed to the agricultural building area. The applicant attests that all the wrecked vehicles brought to the site are owned by either himself or his business partner. There is insufficient evidence in the record to verify that the proposed business is not utilizing the structure built with an agricultural exemption permit. Evidence in the record suggests that the agricultural structure is being utilized in conjunction with the towing business. The Planning Commission finds that this criterion is not met. (e) A sign shall meet the standards in Chapter 17.191 MCC. No sign is proposed. This could be a condition of approval. (f) The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations. The applicant attests that no employees assemble or dispatch from the property. The applicant is the owner and operator of the business. There are five tow trucks on the property that are all used by the applicant and his business partner. Both the applicant and business partner live on the subject property. The applicant attests that there are no other employees in the application statement. At the hearing the applicant referenced one other employee who remains on the road. In conversations with staff, the applicant referenced his farm employees working around the agricultural building. The applicant did not provide any evidence of farming on the subject parcel with which the farm employees would be engaged in. The evidence in the record is insufficient to support the applicant’s assertion that this criterion is met. The Planning Commission finds that this criterion is not met. (g) 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. Retail sales are not proposed. The criterion is met. 8. Marion County Code 17.110.680 Administration of This Title applies to all land use permits that are applied for as a result of code enforcement complaints. Particularly paragraph two of MCC 17.110.680: No permit for the use of land or structures or for the alteration or construction of any structure shall be issued and no land use approval shall be granted if the land for which the permit or approval is sought is being used in violation of any condition of approval of any land use action, is in violation of local, state or federal law, except federal laws related to marijuana, or is being used or has been divided in violation of the provisions of this title, unless issuance of the permit or land use approval would correct the violation.