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CU26-014 Staff Decision
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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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indoors, prohibiting retail sales involving customers coming to the property, limiting deliveries to the business, <br />and continually conducting the home occupation in a way that does not create a nuisance. All of these criteria, and <br />the continued adherence to these standards, shall be made conditions of approval. These operating criteria and the <br />related conditions provide guardrails that will allow the business to operate such that it does not substantially <br />limit, impair, or preclude surrounding properties from being used as intended, and allows a mechanism for <br />enforcement should the applicants fail to operate in such a manner. Beyond the required compliance with criteria <br />which mitigate impacts on the neighborhood, the use as proposed will not substantially limit, impair, or preclude <br />the use of surrounding properties for residential uses. If the bakery was to grow beyond what is proposed here, it <br />will require another application and possible a new location. The home occupation proposed is only two ovens, <br />which will supplement the existing production at Emilio’s Bakery which is owned by the applicant and property <br />owner. The criterion is met. <br /> <br />(d) The proposed use, as conditioned, will not have a significant adverse effect on air or water quality. <br /> <br />The proposed use of a bakery to supplement the applicant’s commercial bakery production is unlikely in and of <br />itself to create any effect on air or water quality. The baking is limited to being conducted within the structure on <br />the property. Proper ventilation for the two proposed ovens will be required by Marion Count Building. The <br />ventilation will surely disperse the smell of baking bread, but this is in no way a significant adverse effect on air <br />quality. Bread baking at the scale proposed is will not produce any problematic run-off that could impact water <br />quality. The property is within the East Salem Water Service District and is connected to a sewer system. There is <br />no evidence to suggest any aspect of the proposed home occupation bakery will have a adverse impacts on air or <br />water quality. The criterion is met. <br /> <br />(e) Adequate public and utility facilities and services to serve the use are available or will be made available <br />prior to establishment of the use. <br /> <br />As previously mentioned, the property is served by the East Salem Water Service District and is connected to a <br />sewer system, meaning the water and wastewater systems are in place. The property also has frontage on a public <br />road, has power, and is served by the Marion County Sheriff and Marion County No. 1 fire district. All other <br />services are either available or can be made available. Therefore, the criterion is met. <br /> <br />8. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, <br /> therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: May 12th, 2026 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact John Speckman at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser. <br />
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