CU24-028 BOC Order - Laserfiche WebLink

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5. Under MCC 17.119.070, before granting a conditional use, the director, planning commission or hearings officer shall determine: A. That is has the power to grant the conditional use; B. That such conditional use, as described by the applicant, will be in harmony with the purpose and intent of the zone; C. That any condition imposed is necessary for the public health, safety, or welfare, or to protect the health or safety of persons working or residing in the area, or for the protection of property or improvements in the neighborhood. 6. Under MCC 17.119.030, the hearings officer may hear and decide only those applications for conditional uses listed in MCC title 17. Commercial activities in conjunction with farm use is listed as a conditional use under MCC 17.136.050 (D)(2). MCC 17.136.060(D) 7. In order to approve a commercial activity in conjunction with farm use the applicant must demonstrate compliance with the specific criteria listed in Chapter 17.136.060(D) of the Marion County Code (MCC). These include: (a) The commercial activity must he primarily a cuslomer or supplier of farm uses. Applicant is the proprietor and operator of Mountain View Tree Service (MVTS). The Subject Property is where MVTS stores various forms of woody material from the tree services provided. The materials include both logs that are sold to mills for lumber production and smaller debris that are turned into woodchip mulch. Applicant states that the mulch is provided to local farms for various applications. Applicant submitted supplemental information showing specific agricultural applications for mulch in connection with agricultural operations. Applicant argues that supplying farms with mulch material make Applicant a primary supplier for agricultural needs. Adelman Peony Gardens, LLC ("Adelman") disputes Applicant's characterization of the Applicant's commercial activity and argues that the real use of the property is for the storage and operation of MVTS's business equipment and is wholly unrelated to any farm use. Adelman argues that the mulching operations, to the extent they are connected to farm use, are secondary to the commercial use. Opponents argue that the "commercial activity" proposed is in fact an equipment and debris storage/disposal site for the tree trimming business, Mountain View Tree Services ("MVTS"), which does not exclusively or primarily supply to farm uses. Opponents argue that the mulch generated onsite is not sold. It is merely provided to some farmers CU 24-028 - ORDER Klopfenstein Page 10 Page 15 of 26