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CU24-028 BOC Order
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CU24-028 BOC Order
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Last modified
9/18/2025 1:48:00 PM
Creation date
9/18/2025 1:48:12 PM
Metadata
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Land Use
Case_Number
24-028
Document_Date
9/18/2025
Land Use Type
Conditional Use
Tax_Lot_Number
062W160002100
Document_Type
Decision
Site_Address
5711 BROOKLAKE RD NE
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5. Applicant is proposing to establish a mulching business as a commercial use in <br />conjunction with agriculture on the subject property. The business operations would <br />include the storage of woody debris to be turned into mulch, the production of the mulch <br />on -site, and the storage of mulch. <br />6. Various agencies were contacted with the proposal and given an opportunity to comment. <br />Public Works Land Development and Engineering Permits (LDEP) requested that the <br />following be included in the land use decision: <br />Requirements: <br />A. Within 30 calendar days from the date of full land use approval, obtain an <br />Access Permit to permanently close the private driveway approach to <br />Brooklake Road in favor of taking all access off 57th Avenue. Rationale is that <br />the property already has two accesses from 57th Avenue, which is considered <br />reasonable access, and furthermore, the Brooklake Road approaches measuring <br />only 25 feet apart from each other do not meet spacing criteria for a Major <br />Collector. Also under the Permit, widen the 57th Avenue approach with hot <br />mix asphalt including broadening the radius flares since evidence indicates <br />wide vehicle turns are dragging gravel onto the edge of Brooklake Road. Note: <br />it will not be required to re -address the property to 57th Avenue. <br />Marion County Building commented: "No Building Inspection concerns. Permit(s) are <br />required to be obtained prior to any development of structures and/or utilities installation <br />on private property, if applicable." <br />Marion County Septic commented: "An authorization is required if there is any proposed <br />connection to the existing system." <br />Marion County Code Enforcement commented that the application is to help resolve a code <br />enforcement violation on the property. <br />Marion County No 1 Fire District provided comments with fire code requirements for the <br />proposed commercial option. See enclosed comments. <br />All other commenting agencies stated no objection to the proposal. <br />7. Prior to the public hearing, Attorney Nicholas A. Rhoten submitted a statement in objection <br />to the Application, which was included in the record, on behalf of Adelman Peony Gardens, <br />LLC. Adelman Peony Gardens operates a farm directly across from the Subject Property, <br />and noted disruptions to their farm practices resulting from Applicant's proposed <br />operations. <br />8. Prior to the hearing, Terry Beilke submitted a statement addressing his concerns that the <br />sale of the wood chips is a minimal portion of the income for Applicant and his concerns <br />CU 24-028 - ORDER <br />Klopfenstein <br />Page 4 <br />Page 9 of 26 <br />
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