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CU26-006 Staff Decision
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Conditional Use
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CU26-006 Staff Decision
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Last modified
4/3/2026 12:28:46 PM
Creation date
4/3/2026 12:29:19 PM
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Land Use
Case_Number
26-006
Document_Date
4/3/2026
Land Use Type
Conditional Use
Tax_Lot_Number
072W31BA02400
Document_Type
Decision
Site_Address
366 40TH PL SE
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<br />B. Transportation System Development Charges (TSDCs) may be assessed if a building change-in-use <br />occupancy permit is required for commercial use of the converted garage. <br /> <br />Marion County Building commented: “Permit(s) are required to be obtained for the garage conversion to a business. <br />Research of permit history for the site address identified permits from 2020/2021, some of which have expired, but <br />no permit for the garage conversion change of use. Discussion with a building plans examiner is recommended to <br />determine steps to remedy the expired permits and Marion County Building Inspection needs on construction <br />documents to apply for the garage conversion change of use permit.” <br /> <br />All other contacted agencies either failed to comment or stated no objection to the proposal. <br /> <br />6. Home occupations requiring a conditional use permit in the RS zone must meet the specific criteria in MCC <br />16.32.400. These include: <br /> <br />(A) The premises upon which the home occupation is conducted shall be the residence of the person <br />conducting the home occupation. <br /> <br />The dwelling is occupied by the person operating the grooming business. The criterion is met. <br /> <br />(B) The home occupation shall be continuously conducted in such a manner as not to create any nuisance, <br />public or private, known law or equity, including but not limited to: noise, odors, vibration, fumes, smoke, <br />fire hazard, or electronic, electrical, or electromagnetic interference. <br /> <br />The applicant proposes to run a dog grooming business out of the garage located on their property. The applicant <br />states that the structure was “double insulated” to control for noise and that they have not received any noise <br />complaints from neighbors. Considering the business will be conducted inside structures, the grooming business <br />is unlikely to generate unpleasant odors or noise that will permeate to the surrounding areas. Additionally, it is <br />reasonable to assume that normal operation of a dog grooming business will not generate smoke, fire hazards, <br />electrical or electromagnetic interference. Therefore, the proposal meets the criterion, but it shall be made a <br />condition of approval that the home occupation be continuously conducted in compliance with this section. <br /> <br />(C) No sign shall be displayed on the premises except those as permitted in MCC 16.31.060(A). <br /> <br />The applicant did not indicate that they were proposing any signs, however it shall be made a condition of <br />approval that any signs comply with this section. <br /> <br />(D) No structural alterations shall be made to the dwelling that would be inconsistent with future use of the <br />building as a dwelling. <br /> <br />The applicant proposes using their garage area to conduct the dog grooming business. The main modifications <br />that they claim to have done to the structure are adding additional insulation to prevent noise from disturbing <br />neighboring properties. Marion County Building provided comments stating that there were expired permits from <br />2020/2021 and that no permits have been obtained to legally change the use of the structure for use as a business. <br />These permits are needed to remedy the expired permits and legally allow the business to be conducted in the <br />structure, however they will not prevent the structure from being used for residential accessory purposes. The <br />criterion is met and it shall be made a condition of approval that the applicants obtain the necessary permits from <br />Marion County Building. <br /> <br />(E) No alteration to or use of the premises shall be made that would reduce the number of on-site parking <br />spaces required for dwellings as outlined in MCC 16.30.170. <br /> <br />The applicants are not proposing any changes to the footprint of structures on the property, nor are they proposing <br />any changes to topography or landscaping that would reduce the number of on-site parking spaces required. <br />Lastly, the parcel is located within a transit corridor overlay area, meaning there are no enforced parking <br />standards for the dwelling. The criterion is met.
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