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CU26-017 Staff Decision
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Conditional Use
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CU26-017 Staff Decision
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Last modified
6/17/2026 12:33:21 PM
Creation date
6/17/2026 12:33:40 PM
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Land Use
Case_Number
26-017
Document_Date
6/17/2026
Land Use Type
Conditional Use
Tax_Lot_Number
082W02A001400
Document_Type
Decision
Site_Address
2363 82ND AVE SE
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order to provide a mechanism of enforcement. The criterion is met and compliance with this section shall be made <br />a condition of approval. <br /> <br />C. The conditional home occupation shall not significantly interfere with other uses permitted in the zone <br />in which the property is located. <br /> <br />The proposed home occupation will be conducted within existing shop structures on the subject property and does <br />not require a level of additional development that would prevent the parcel from being used as a residence in the <br />future. The applicant has stated how they will dispose of fluids and waste materials involved in automotive repair, <br />which will prevent contamination of the property that would interfere with residential or farm uses on the <br />property. Finally, the home occupation can only take up 1,500 square feet of space, employ no more than 2 <br />persons, and is limited to appointment only visits to the property, restricting the size of the business and forcing it <br />to be secondary to other uses on the property. As such, it is possible to conduct automobile repair as a commercial <br />business and not significantly interfere with other uses. Therefore, the criterion is met. <br /> <br />D. A sign shall meet the standards in Chapter 17.191 MCC. <br /> <br /> This shall be made a condition of approval. <br /> <br />E. The home occupation shall be conducted entirely within the dwelling or accessory building. <br /> <br />The applicants supplied several site plans and floor plans showing where the automotive repair business will be <br />conducted. They identified two existing shops near the house in which the auto-repair and related activity will <br />happen. There will be no significant storage or repair activities conducted outside of these structures. The criterion <br />is met. <br /> <br />F. The total floor area of buildings on the subject property devoted to a home occupation shall not exceed <br />500 square feet in a residential zone, except in the AR zone where 1,500 square feet is the maximum. <br /> <br />The subject property is located within an AR zone, as such a home occupation is allowed to occupy up to 1,500 <br />square feet. Applicants for home occupations are able to conduct home occupations within building(s) that exceed <br />1,500 square feet in total footprint as long as they designate specific sections of the structure to be used for the <br />home occupation and make an effort to demarcate and separate the home occupation spaces from the rest of the <br />structure. In this case the applicant has provided floorplans of the two accessory structures proposed for use in the <br />home occupation. On these plans they outline specific areas where the automotive repair business will occur. The <br />cumulative area between the two structures calculates to 1,491 square feet, which meets the criterion. The <br />applicant has not indicated how this space allocation will be separated from the rest of the space not used in the <br />home occupation. In conversations with the applicant, they indicated that there were considering erecting dividing <br />walls within the structures, but were not sure if that was the route they would choose. The applicant’s site plans <br />are detailed and meet the requirements, but Marion County requires a mechanism for measuring compliance <br />should it be necessary in the future. As such, it shall be made a condition of approval that the applicant shall <br />demarcate the areas dedicated to the home occupation within the structures using either painted lines or industrial <br />floor marking tape if they do not separate these sections with new interior walls. Therefore, the criterion is met <br />and the marking shall be made a condition of approval. <br /> <br />G. No structural alterations shall be made that would be inconsistent with future use of the buildings <br />exclusively for residential purposes. <br /> <br />The application proposes to use existing shop structures on the subject property to operate the automotive repair <br />business. These structures largely will not require significant modification beyond their existing state to operate <br />the proposed home occupation. Much of the additions to the structure involve bringing in tools and storage, not <br />large physical modifications. The most intense physical modification that may result as part of this proposal is the <br />addition of new interior walls, which will not be inconsistent with future use of the shops as residential accessory <br />structures. Therefore, the criterion is met. <br /> <br />H. No alteration to or use of the premises shall be made that would reduce the number of required on-site <br />parking spaces. <br /> <br />There are no parking requirements for the subject property that will be impacted by this proposal. The only <br />proposed modifications to the property are within structures, not outdoor layouts. The criterion is met.
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