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CU26-014 Staff Decision
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Conditional Use
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CU26-014 Staff Decision
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Last modified
5/12/2026 10:05:35 AM
Creation date
5/12/2026 10:05:53 AM
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Land Use
Case_Number
26-014
Document_Date
5/12/2026
Land Use Type
Conditional Use
Tax_Lot_Number
072W32BA11100
Document_Type
Decision
Site_Address
321 49TH AVE SE
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employees of the bakery who do not live on site come to assist in either baking or transport of bread, they will <br />park in the driveway. The criterion is met. <br /> <br />(G) Delivery and pick-up of materials or commodities in conjunction with the home occupation to and from <br />the premises shall be made by private vehicles or by commercial vehicles not exceeding two axles in size. <br /> <br />Adherence to this limitation shall be made a condition of approval. <br /> <br />(H) There shall be no outside storage or display of materials, equipment, or merchandise used in or produced <br />in connection with the home occupation. <br /> <br />The applicant states that the entire operation is conducted within the garage on the property and that there is no <br />outdoor storage of materials, equipment, or merchandise. The criterion is met, but continued adherence to this <br />criterion shall be made a condition of approval. <br /> <br />(I) Retail and wholesale sales that do not involve customers coming to the property, such as Internet, <br />telephone or mail order off-site sales, and incidental sales related to the home occupation services being <br />provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation. <br /> <br />The proposed bakery will be producing bread for the applicants own store which is approximately 1.5-miles <br />away. All retail sales will occur at Emilio’s Bakery which is a commercial location, no retail sales shall occur at <br />the proposed home occupation site. The criterion is met. <br /> <br />(J) The dwelling or other buildings shall not be used for assembly or dispatch of employees to other <br />locations. <br /> <br />The proposed baking is conducted entirely at the subject property and is not a mobile service. Transportation of <br />bread from the home occupation site to the commercial bakery does not constitute dispatch. As such, no <br />employees will be dispatched from the property. Therefore, the criterion is met. <br /> <br />7. All conditional uses are subject to the general criteria in MCC 16.40.020, these include: <br /> <br />(a) The use is listed as a conditional use in the zone, or is otherwise identified as a conditional use and is <br />consistent with the intent and purpose of the zone and the provisions that authorized consideration as a <br />conditional use. <br /> <br />A home occupation is listed under MCC 16.20.020(C)(6) and is a use that is consistent with the intent and <br />purpose of the zone, as home occupations are subservient to the use of the property as a residence. The criterion is <br />met. <br /> <br />(b) The parcel is suitable for the proposed use considering such factors as size, shape, location, topography, <br />soils, slope stability, drainage and natural features. <br /> <br />The parcel is located within a developed neighborhood with flat topography. The parcel is developed with a <br />residence and accessory structures. The applicant proposes installing two ovens in their garage in order to conduct <br />the home occupation. The driveway is over 2,000-square feet and contains plenty of room for residential parking, <br />in addition to occasional parking of a vehicle to transport bread from the home occupation to the applicant’s <br />commercial bakery store front. The size, shape and natural features of the parcel are not as pertinent to the <br />proposed use due to the nature of baking. The main features of existing structure and parking space make the <br />subject parcel suitable enough for the proposed use. The criterion is met. <br /> <br />(c) The proposed use, as conditioned, will not substantially limit, impair, or preclude the use of surrounding <br />properties for the uses permitted in the applicable zone. <br /> <br />The proposed bakery home occupation will be required to comply with the specific criteria listed under MCC <br />16.32.400 addressed under Finding #6 above. These criteria include conducting the home occupation entirely
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