CU26-014 Staff Decision - Laserfiche WebLink

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City of Salem Planning submitted comments explaining the current comprehensive plan designation of the parcel and the potential zone applied if the parcel were to annex today. The proposal does not appear to comply with Salem’s special use standards and will therefore become existing non-conforming upon annexation. The full comments from Salem are in the case file and available upon request. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. Home occupations requiring a conditional use permit in the UD zone must meet the specific criteria in MCC 16.32.400. These include: (A) The premises upon which the home occupation is conducted shall be the residence of the person conducting the home occupation. The dwelling is owned and occupied by the Emilio and Maria Villarreal, who propose operating the bakery as a home occupation. The criterion is met. (B) The home occupation shall be continuously conducted in such a manner as not to create any nuisance, public or private, known law or equity, including but not limited to: noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. The applicant proposes to run a bakery out of the garage located on their property. The applicant owns Emilio’s Bakery and requires more space to bake bread. Any odors created by the business are related to baking bread and therefore subjectively pleasant to a majority of the population. The remodeling of a section of the garage to install two ovens and ventilation will require proper permitting to ensure that no fire hazards are created. No aspect of the proposal would create nuisance via noise, vibrations, fumes, smoke, or electromagnetic interference. The criterion is met. (C) No sign shall be displayed on the premises except those as permitted in MCC 16.31.060(A). The applicant did not indicate that they were proposing any signs, however it shall be made a condition of approval that any signs comply with this section. (D) No structural alterations shall be made to the dwelling that would be inconsistent with future use of the building as a dwelling. The applicant proposes using their garage area to conduct the bakery. The main modifications that they propose is to remove one garage door and frame out that space into a solid wall, and to install two ovens with related ventilation. This baking specific cooking area is not so large or commercial in nature as to create inconsistency with future use of the building as a dwelling. The majority of the dwelling will remain unchanged. The criterion is met. (E) No alteration to or use of the premises shall be made that would reduce the number of on-site parking spaces required for dwellings as outlined in MCC 16.30.170. The applicants are not proposing any changes to the footprint of structures on the property, nor are they proposing any changes to topography or landscaping that would reduce the number of on-site parking spaces required. The criterion is met. (F) Parking of customers’ or clients’ vehicles shall create no hazard or unusual congestion. If the home occupation requires any parking for an employee or customer, a site plan meeting the requirements for off-street parking in Chapter 16.30 MCC shall be submitted and approved by the planning manager. The applicant states that the bread produced will be transported to their business, Emilio’s Bakery at 3905 State Street, which is approximately 1.5-miles away from the proposed home occupation site. The driveway on site is sufficient to meet the required space for the applicant to park and load their vehicle with bread for transport to the store. There will be no customers or clients visiting the property, and Emilio and Maria live on site. If any other