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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
Text box
ID:
1
Creator:
EDIAZ
Created:
6/17/2025 12:21 PM
Modified:
6/17/2025 12:21 PM
Text:
https://www.codepublishing.com/OR/MarionCounty/#!/MarionCounty17/MarionCounty17110.html#17.110.270
ID:
2
Creator:
EDIAZ
Created:
6/17/2025 12:21 PM
Modified:
6/17/2025 12:21 PM
Text:
https://www.codepublishing.com/OR/MarionCounty/#!/MarionCounty17/MarionCounty17120.html#17.120.075
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<br />4. Any noise associated with the use will not have a significant adverse impact on <br /> nearby land uses. <br /> <br />The applicant states that no noise will be associated with the home occupation, as <br />the services take place off the property. This lack of noise indicates no significant <br />adverse impact on nearby land uses. <br /> <br />Neighbors provided written comments and testimony at the hearing that there are <br />many noises created by the vehicles on the property, and other unrelated activities <br />on the property. Specifically, the neighbors state that the applicant frequently <br />accelerates his vehicle’s engines in a loud manner. This applicant’s alleged habit <br />may be at odds with the Marion County Noise ordinance (MCC 8.45) between the <br />hours of 10pm to 7am but is not specifically related to the proposed tow truck <br />business. <br /> <br />The Planning Commission finds that this criterion is met. <br /> <br />5. The use will not have a significant adverse impact on potential water <br /> impoundments identified in the Comprehensive Plan, and not create significant <br /> conflicts with operations included in the Comprehensive Plan inventory of <br /> significant mineral and aggregate sites. <br /> <br /> There are no water impoundments, mineral or aggregate sites identified in the <br />comprehensive plan near this property. The criterion is met. <br /> <br />7. Notwithstanding MCC 17.110.270 and 17.120.075, home occupations, including the <br />parking of vehicles in-conjunction with the home occupation and bed and breakfast inns, <br />are subject to the following criteria in MCC 17.136.060 (C): <br /> <br />(a) A home occupation or bed and breakfast inn shall be operated by a resident of the <br />dwelling on the property on which the business is located. Including residents, no <br />more than five full-time or part-time persons shall work in the home occupation <br />(“person” includes volunteer, nonresident employee, partner or any other <br />person). <br /> <br />The applicant attests in the application statement that the home occupation is <br />carried out by the residents of the subject parcel, Brett Fobert and his business <br />partner who lives on the property. At the public hearing before the planning <br />commission, the applicant mentioned a third employee who is offsite and always <br />“on the road”. <br /> <br />In conversations with staff, the applicant stated that he employs farm workers. <br />The applicant has not shown any evidence that they farm the subject parcel or any <br />other parcel. <br /> <br />There are five tow trucks on the property and the applicant explains that he and <br />his business partner each need a wrecker and a flat bed depending on the job, and <br />that the fifth vehicle is a spare. At the public hearing before the planning <br />commission, testimony in opposition stated that there was a sixth vehicle. <br />
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