CU25-039 Staff Decision - Laserfiche WebLink

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property contains many trees and is gently sloped, as the northwest corner is located within a Geologically Hazardous Overlay. The subject property has been the subject of many previous land use cases. The dwelling, constructed in 1990, was approved as a non-farm dwelling through land use case V/CU89-027. The property was also the subject of AR96-030, which approved the placement of an accessory structure within the 100-foot special setback from the neighboring farm properties. The property was also the subject of PLA03-011, which allowed for a property line adjustment between many properties along Ballyntyne Rd S. Lastly, the property was the subject of CU18-030, in which the applicants applied to operate a bed-and-breakfast as a home occupation, which was denied by the Land Use Board of Appeals. The subject property is legal for land use purposes. 3. Surrounding uses to the west, north, and south of the subject parcel are heavily wooded SA zoned properties in residential use. Uses to the east consist of acreage homesites are lie within the AR zone. 4. Soil Survey of Marion County Oregon indicates 95.7% of the subject property is composed of high-value farm soils. 5. The applicant is proposing to establish an event business as a home occupation. These events will consist of weddings, celebrations, and other social gatherings. 6. Various agencies were given the opportunity to comment on the proposed use. A member of Area Advisory Committee #1 commented: “I think this is very questionable about whether it meets criteria for big/farm related events; regardless, it seems a risky proposition in the dry months due to being at the end of a dead end road with lots of trees around. It is adjacent to small acreage homes, and an apparent AR zone. It is likely that any sound system will create significant upsetting impact on nearby homes due to the small acreage of the parcel.” Salem Suburban Fire Department commented: “Fire department access and water supply are existing for residential use. If the use of the structure changes to a commercial use then fire department access and water supply may need to be re-evaluated.” Marion County Septic Department commented: “The applicant is required to obtain an approved Septic Authorization for the change of use and increase in flow of the septic system. The applicant must provide details as to how many weddings, the total number of people attending the weddings, what services are being offered and/or allowed on the premise during these events. Additional information and permitting may be required as part of Septic Authorization process.” Marion County Building Inspection commented: “Permit(s) are required to be obtained to open the existing dwelling for commercial assembly use. At a minimum, a floor plan of the structure would be needed to identify those portions of the dwelling that will be available to the public for events (assemblies). This floor plan should identify the maximum number of people expected and identify the restrooms available to patrons. At least one restroom will be required to be ADA compliant, plus an accessible route from an accessible parking space. This floor plan should also identify all the available egress doors for the areas available for these events for exiting and life safety purposes. Upon review of this plan, additional code requirements may be identified that may need to be addressed. Discussion with a building plans examiner is advised.” All other commenting agencies stated no objection to the proposal. 7. In order to approve an event business as a home occupation, the specific criteria listed in MCC 17.137.060 (C)(2) must be satisfied. Those requirements are: 2. Notwithstanding MCC 17.110.270 and 17.120.075, an event business hosting weddings, family reunions, class reunions, company picnics, memorials, and similar gatherings, may be established as a home occupation subject to the following criteria: A. Farm Assessment: All or a portion of the subject property where the event business will operate shall be subject to special assessment for farm use.