CU24-028 BOC Order - Laserfiche WebLink

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farm use. Applicant argues that there is sufficient evidence for Applicant to pass the Farm Impacts Test. Applicant agrees with and proposes conditions of approval. Applicant does not provide sufficient evidence to support a determination that the commercial activity is primarily a supplier of farm uses and is essential to the practice of agriculture as required by Oregon law. While the Applicant is mindful of the concerns of his neighbors and is willing to accept conditions of approval to mitigate impacts, Applicant has not met the criteria to establish that the commercial activity would not have a significant adverse impact on nearby land uses, specifically with respect to MCC 17.136.060(A)(d) (noise associated with use). The Application for Conditional Use for a mulching operation service as a commercial activity in conjunction with farm use is DENIED. Although providing mulch without cost upon the request of a rancher or nursery may benefit the those opertions to whom the mulch is provided, there is insufficient evidence to establish that the commercial activity is a customer or supplier of farm uses and that the mulching operation is essential to agriculture. V. Findings of Fact The hearings officer, after careful consideration of the testimony and evidence in the record, issues the following findings of fact: 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding EFU (Exclusive Farm Use) zone is to promote the continuation of commercial agricultural and forestry operations. The zoning does also allow for certain commercial activities conducted in conjunction with agriculture subject to certain conditions and criteria. 2. The property is located at 5711 Brooklake Rd. NE on the north side of Brooklake Rd. It is roughly a half mile east of the intersection of Brooklake Rd. and Hwy 99E. The property contains a dwelling, a couple accessory structures, and there is a substantial amount of tree debris and heavy machinery located on the property according 2023 aerial imagery of the property. Further review of available street imagery shows large logs stored on the property that are visible from the road. Behind a mound of dirt separating the outside of the homesite area is a farm field that encompasses the remainder of the parcel. 3. Surrounding uses are predominantly agricultural operations located on all sides except for the northern half of the west property line, which is next to residential parcels zoned Acreage Residential within the Brooks-Hopmere community. Commercial uses within Brooks-Hopmere are located half a mile down Brooklake Rd. where it intersects with Hwy 99E. Additionally, a dedicated right-of-way for 57th Ave NE (a non -county road) runs along the full extent of the western property line, but most of this right-of-way is not actively used for a roadway. 4. Soil Survey of Marion County Oregon indicates 100% of the subject property is composed of high -value farm soils. CU 24-028 - ORDER Klopfenstein Page 3 Page 8 of 26