CU25-014 PC Decision - Laserfiche WebLink

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Due to discrepancies between various statements of the applicant, and contradictions between the applicant’s statements and the statements of his neighbors, it is unclear how many employees there are. The evidence in the record is insufficient to support the applicant’s assertion about this criterion. The Planning Commission finds that this criterion is not met. (b) It shall be operated substantially in: i. The dwelling; or ii. Other buildings normally associated with uses permitted in the zone in which the property is located. The applicant proposes parking his tow trucks next to his home in an existing gravel parking area. He may conduct administrative work related to the tow truck business within his residence. The applicant states that home occupation is primarily operated offsite where the towing occurs. The home occupation will not be operated substantially in the dwelling or another building normally associated with uses permitted in the zone which the property is located. Home occupations are not permitted within agricultural buildings as per MCC 17.136.060(C)(1)(d), so the potential involvement of the agricultural structure does not meet this criterion. The proposed home occupation is primarily occurring off site. The onsite activities related to the home occupation are not occurring inside of the dwelling or another allowed structure. According to testimony presented by neighbors, the home occupation is also occurring around and inside of an agricultural structure where the use is not permitted. The Planning Commission finds that this criterion is not met. (c) It shall not unreasonably interfere with other uses permitted in the zone in which the property is located. The applicant states that the proposed use will primarily impact traffic from the applicant and business partner leaving the property to tow vehicles from one place to another, and never to the property, which will not significantly increase traffic levels compared to typical rural residential and farm activities. Neighboring farmers have suggested that this traffic will in fact impact farming on their properties. Neighbors attested at the public hearing and provided written statements and pictures showing that wrecked vehicles have been brought to the property. Neighbors stated at the public hearing that the proposed tow truck business interferes with their residential uses of property adjacent to the subject parcel. The residential uses in the Urban Transition and Acreage Residential zones adjacent to the subject parcel are not outright permitted within the exclusive farm use zone of the subject parcel. Some of the neighbors’ complaints related to loud noises, trash burning, and dumping/burying trash on the subject parcel do not directly relate to the tow truck business proposed. The Planning Commission found that the proposed parking area of the tow trucks does pose a risk to the watershed of Brandy Creek, and the groundwater of the area. Potential pollution does interfere with the farm uses permitted within the