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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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evidence that they have transported hay in these enclosed trailers. Furthermore, <br />the applicant could not provide any evidence that they have ever been involved <br />in the growing or harvesting of hay. <br /> <br />The impacts related to construction and installation of the agricultural exempt <br />building and parking area have already occurred. The parcel is specially <br />assessed by the tax assessor, and was farmed for several decades for grass seed <br />by a neighbor who leased the field. That lease has ended and the property is no <br />longer farmed. The applicant did not provide any evidence that they are <br />involved in farming. If the 15,000 square foot structure and associated parking <br />area are in fact a part of the applicant’s commercial operation, then the impacts <br />have increased the cost of farming in the area and changed the farm use on the <br />parcel itself because the field is no longer farmed for grass seed. <br /> <br />Both Friends of French Prairie and Manton A. Carl LLC submitted to the <br />record minutes from a City of Hubbard Planning Commission hearing for a <br />conditional use permit for this same business on a parcel within the City of <br />Hubbard. After this was brought up, the applicant stated that the rent was raised <br />on urban property, so he moved the towing operation to the subject property. <br /> <br />During the public hearing before the Marion County Planning commission, <br />Manton A. Carl LLC’s representative brought up that once farmland is paved <br />over, graveled, or built upon, it will never be farmed again. <br /> <br />(F) In the consideration of potentially mitigating conditions of approval under <br />ORS215.296(2), the governing body may not impose such a condition upon the <br />owner of the affected farm or forest land or on such land itself, nor compel said <br />owner to accept payment to compensate for the significant changes or <br />significant increases in costs described in subsection (a) and (b). <br /> <br />The County recognizes this requirement. No conditions of approval are being <br />imposed on affected farm or forest landowners, nor are any landowners being <br />compelled to accept payment as compensation for significant changes to, or <br />significant increases in costs of, accepted farm and forest practices in the area. <br /> <br />In Summary of MCC 17.136.060(A)(1): <br />The applicant provided a brief analysis of the proposal subject to the farm impacts <br />test in ORS 215.296(1) subsection (a) and (b) via the process outlined in subsection <br />(c)(A-F). The applicant suggested the farm impacts test was met, but significant <br />information provided by neighbors prior to and during the public hearing called into <br />question whether the proposal actually meets the criteria of not significantly <br />increasing cost of, or significantly changing, farm practices in the area. The applicant <br />was given the opportunity to respond to all of the issues brought up, and was unable <br />to provide any evidence that the tow truck business did not involve the transport of <br />non-farm goods as advertised on the B&T Towing Facebook Page, nor evidence that <br />the applicant is at all involved in farming, nor evidence that the agricultural structure <br />was utilized for agricultural purposes and not in fact a structure used for solely <br />commercial and personal purposes. <br /> <br />During the public hearing, opponents brought up how moving commercial <br />businesses from appropriately zoned commercial or industrial parcels to exclusive
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