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BEFORE THE MARION COUNTY HEARINGS OFFICER <br />In the Matter of the Application of: ) Case No. CU 24-028 <br />MARVIN KLOPFENSTEIN ) CONDITIONAL USE <br />ORDER CORRECTED to add effective date on page 18 <br />I. Nature of the Application <br />This matter comes before the Marion County Hearings Officer on the Application <br />of Marvin Klopfenstein for a conditional use permit to operate a mulching service as a commercial <br />activity in conjunction with farm use on a 9.72-acre parcel in an EFU (Exclusive Farm Use) zone <br />located at 5711 Brooklake Rd. NE, Salem (T6S; R2W; Section 16; Tax lot 2100). <br />II. Relevant Criteria <br />Standards and criteria relevant to this Application are found in the Marion County Code, <br />Title 17, especially Chapter 17.119 (Conditional Use) and Chapter 17.136 (Exclusive Farm Use). <br />III. Public Hearing <br />A public hearing was held on this matter on January 30, 2025. The Planning Division file <br />was made part of the record, and includes pre -hearing submissions in opposition to the <br />application received on January 28, 2025. These pre -hearing submissions include <br />correspondence from Nicholas Rhoten on behalf of Adelman Peony Gardens, LLC, and from <br />Terry Beilke. The following persons appeared and provided testimony at the hearing: <br />l . Alex Seifer <br />2. Mark D. Shipman <br />J. Marvin Klopfenstein <br />Marion County Planning <br />Attorney for Applicant <br />Applicant <br />4. Courtney Reed <br />Appellant / Opponent <br />5. Roger Weddle <br />Appellant / Opponent <br />6. Nicholas Rhoten <br />Attorney for Opponent Adelman Peony Gardens <br />7. Steve Adelman <br />Opponent <br />8. Chad Goffin <br />Marion County Code Enforcement <br />There was no objection to notice, conflict of interest, or jurisdiction. <br />The following documents were offered by Steve Adelman, and entered into the record as <br />exhibits without objection: <br />Exhibit 1: Photograph of Area with Trees (taken by Mr. Adelman) <br />Exhibit 2: Photographs of truck on right of way (taken by Mr. Adelman) <br />CU 24-028 - ORDER <br />Klopfenstein <br />Page 1 <br />Page 6 of 26 <br />