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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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Template:
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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Exhibit A <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 CorurV Se tic 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 />Additional Findings of Fact and Conclusions of Law <br />MCC 17.136.060 D <br />7. In order to approve a commercial activity in conjunction with farm use the applicant must <br />demonstrate compliance with the specific criteria listed in Chapter 17.136.060(D) of the <br />Marion County Code (MCC). These include: <br />(a) The commercial activity must be primarily a customer or supplier of farm uses <br />Applicant is the proprietor and operator of Mountain View Tree Service (MVTS). The <br />Subject Property is where MVTS stores various forms of woody material from the tree <br />services provided. The materials include both logs that are sold to mills for lumber <br />production and smaller debris that are turned into woodchip mulch. Applicant states that <br />the mulch is provided to local farms for various applications. <br />Applicant submitted supplemental information showing specific agricultural applications <br />for mulch in connection with agricultural operations. Applicant argues that supplying farms <br />with mulch material makes Applicant a primary supplier for agricultural needs. <br />The statutory phrase "[c]ommercial activities that are in conjunction with farm use" is not <br />defined and is determined on a case -by -case and fact specific basis. Friends of Marion <br />County v. Marion County (Jones/Agritainment), LUBA No. 2021-088/89 at 17-19 (2022). <br />CU 24-028 - ORDER <br />Klopfenstein <br />Page 2 <br />
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