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MARION COUNTY BOARD OF COMMISSIONERS <br />, <br />o R E G o\ Board Session Agenda Review Form <br />Meeting date: July 23, 2025 <br />Department: Public Works <br />Title: <br />Public Hearing to consider appeal of Hearings Officer decision denying Conditional Use 24-028/Marvin Klopfenstein <br />Management Update/Work Session Date: N/A <br />Time Required: 20 min <br />Requested Action: <br />Issue, Description <br />& Background: <br />Financial Impacts: <br />Impacts to Department <br />& External Agencies: <br />List of attachments <br />Presenter: <br />Department Head <br />Signature: <br />Contact: Austin Barnes <br />Audio/Visual aids ❑ <br />Phone: 503-566-4174 <br />Receive testimony on appeal and approve or deny Conditional Use 24-028/Marvin Klopfenstein. <br />Options for consideration: 1. Close the public hearing and approve the request. 2. Close the public <br />hearing and deny the request. 3. Continue the public hearing to a date certain. 4. Close the public <br />hearing and deliberate at a later date. 5. Remand the request to the hearings officer for further <br />consideration. <br />Conditional Use 24-028 was for a commercial use in conjunction with farm use to operate a <br />mulching service on a 9.72 acre parcel in an Exclusive Farm Use zone located at 5711 Brooklake <br />Rd NE. The Planning Director approved the application which was subsequently appealed. On <br />January 30, 2025 the Hearings Officer held a hearing with an open record and issued a decision <br />on March 28, 2025 denying the request. <br />Applicants appealed the Hearings Officer's decision to the Board of Commissioners with a <br />statement and appropriate filing fee. The Board chose to accept the appeal and now a hearing <br />must be held. <br />None <br />done <br />Appeal, Hearings Officer Decision <br />Austin Barnes <br />Page 1 of 26 <br />