CU25-033 Staff Decision - Laserfiche WebLink

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Marion County Septic commented: “Based on the site plan and description no water/sewer fixtures are proposed. If the proposed action increases the usage of the septic system a Septic Authorization is required. Structure must maintain setbacks to existing septic system(s).” Marion County Building commented: “Permit(s) are required to be obtained for the proposed equine structure if it will be open to the public, or if more than 9 employees will be in the proposed structure at any one time (ORS 455.315). These permit(s) would have to be obtained prior to development of structures and/or utilities installation on private property. This same proposal was addressed for the existing equine arena at the subject property under permit 555-08-06098.” Turner Fire District commented: 1. Fire apparatus access roads must be in compliance with Oregon Fire Code (OFC) section 503 and OFC Appendix D. a. The existing fire apparatus access roads appear to meet these requirements. 2. Access to building openings and roofs must be in compliance with OFC section 504. 3. Fire protection water supplies must be in compliance with OFC section 507 and OFC Appendix B. a. The new barn structure will require not less than 69,000 gallons of water to be available at a fire flow rate not less than 1,000 gallons per minute. b. Given there is an existing fire protection water supply pond, the pond capacity is required to be evaluated to ensure there is an adequate fire protection water supply to meet this requirement. c. Given that access to draw (“draft”) water for fire protection from the pond is currently available, the fire flow must be re-evaluated to ensure the required flow rate is sufficient. 4. Fire extinguishers must be in compliance with OFC section 906. 5. The means of egress must be in compliance with OFC Chapter 10 and the Oregon Structural Specialty Code (OSSC). 6. Fire safety during construction must be in accordance with OFC Chapter 33. Turner Fire District bases these comments on the materials presented. Any revisions or alterations from these materials may require adjustments to these comments. All other commenting agencies stated no objection to the proposal. 7. In land use actions of this type, the applicant has the burden of proving compliance with all applicable criteria. This report will outline the criteria that must be satisfied in order for an approval to be granted. If the applicant supplied argument or evidence to address specific criteria, the response will be summarized. In order to approve a commercial activity in conjunction with farm use the applicant must demonstrate compliance with the specific criteria listed in Chapter 17.139.060(L) of the Marion County Code (MCC). These include: 1. The commercial activity must be primarily a customer or supplier of farm uses. The proposed activity is an Equine Assisted Services program that includes Equine Assisted Mental Health (EAMH) and Equine Assisted Learning (EAL). This use revolves around the specific utilization of horses to accomplish human services beyond recreational horseback riding. Marion County Code (MCC) 17.110.223 defines farm use in part as including “the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows.” The applicant is already operating their Equine Assisted Services program which is a supplier of farm uses as defined above. This activity is primarily a supplier of farm uses in that it involved animal care, husbandry, maintenance of stable and pasture environments, horse riding and training. The activity is also a customer of farm uses in that the required purchases of hay, feed, veterinary care, and farrier services are all from the local agricultural community.