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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 />Applicant seeks to justify that the mulching operation is a primary supplier of farm uses, <br />and that there is a coinciding use of the property as a storage space for logs sold for lumber <br />production does not primarily supply farming operations. Applicant's justification of this <br />use is that the logs sent to lumber mills spend up to two weeks on the property in storage, <br />but that they do not spend much time beyond this on the Subject Property. Applicant <br />identifies the staging area dedicated to storage of logs for lumber and stated it would take <br />up no more than 6,000 square feet of the area dedicated to the proposed use (which the <br />applicant calculated as 9% of the total area). However, apart from the 9%, a significant <br />portion of the property is used for vehicles and equipment that are used for the tree services <br />and enter and exit the property daily. <br />Applicant also states that they only uses wood debris than cannot be otherwise sold to <br />lumber mill. Applicant also states that he uses the online service "Chip Drop" to find local <br />property owners where MVTS can drop the wood chips off at. Applicant's proffered <br />evidence of the use of "Chip Drop" undermines Applicant's statement that they are <br />primarily a supplier of agriculture needs. <br />The Board found that the Applicant does not satisfy the requirements of MCC <br />17.136.060(D) because the record does not demonstrate mulching in conjunction with farm <br />use is the "commercial activity" taking place because any mulching operations on the <br />property are merely incidental, relatively infrequent, and occur only because of the <br />Applicant's need to store and destroy debris related to Applicant's tree trimming business. <br />There is insufficient evidence to demonstrate how MVTS is primarily a customer or <br />supplier of farm uses, instead the Board finds that MVTS is primarily a a tree service <br />typically performing work for local jurisdictions and clearing trees for various construction <br />projects. The criterion is not met. <br />(b) The commercial activity must enhance the farming enterprises of the local <br />agricultural community to which the land hosting that commercial activity relates. <br />The applicant must establish that the mulching operation enhances the farming enterprises <br />of the local agricultural community. In other words, does the proposed conditional use <br />support or benefit existing agricultural activities. <br />In the Application, Applicant provides supplemental information discussing the role and <br />uses of mulch in agricultural operations, including the retention of moisture and as padding <br />for animals. Applicant argues that providing mulching products to local farmers will <br />enhance their operations in various ways. <br />Applicant supplied additional information in the form of attestations by local farming <br />operations that receive mulch from -the Applicant to support its position that the commercial <br />activity enhances local farming enterprises. <br />CU 24-028 - ORDER <br />Klopfenstein <br />Page 4 <br />
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