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CU24-028 Staff Decision
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CU24-028 Staff Decision
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Last modified
11/8/2024 9:48:43 AM
Creation date
11/8/2024 10:47:59 AM
Metadata
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Land Use
Case_Number
24-028
Document_Date
11/8/2024
Land Use Type
Conditional Use
Tax_Lot_Number
062W160002100
Document_Type
Decision
Site_Address
5711 BROOKLAKE RD NE
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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own <br />elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and <br />address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or <br />use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed <br />at the end of this report. <br /> <br />NOTICE OF DECISION <br />CONDITIONAL USE CASE NO. 24-028 <br /> <br />APPLICATION: Application of Marvin Klopfenstein for a conditional use permit to operate a mulching service as a <br />commercial activity in conjunction with farm use on a 9.72-acre parcel in an EFU (Exclusive Farm Use) zone located at <br />5711 Brooklake Rd NE, Salem (T6S; R2W; Section 16; Tax lot 2100). <br /> <br /> DECISION: The Planning Director for Marion County has APPROVED the above-described Conditional Use applica- <br />tion subject to certain conditions. <br /> <br />EXPIRATION DATE: This conditional use permit is valid only when exercised by November 25th, 2026. The effective <br />period may be extended for an additional year subject to approval of an extension (form available from the Planning <br />Division). Additional extensions may not be granted if the regulations under which this decision was granted have <br />changed since the original approval. <br /> <br />WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well, and drain field <br />replacement areas, these parcels may not be able to support the proposal. To be sure the subject property can <br />accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. <br /> <br />This decision does not include approval of a building permit. <br /> <br />CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use <br />established: <br /> <br />1. The applicant shall obtain any required permits from the Marion County Building Inspection Division. <br /> <br />2. The sales of mulch produced and stored on the property shall be for agricultural use in the local area. <br /> <br />3. All activities and storage for the commercial mulching shall be contained within the area identified on the site <br />plan submitted by the applicant and the storage of logs and debris for uses other than turning into mulch shall not <br />take up more than 25% of the total area dedicated to commercial use. <br /> <br />4. The applicants shall maintain a minimum 20-foot setback from neighboring parcels in agricultural use for any <br />mulch and debris storage piles or areas. Vehicles and equipment are allowed to be parked within this setback. <br /> <br />5. The applicants shall establish and maintain a contiguous vegetative or man-made wind buffer which at the time of <br />planting must be at least 4 feet in height, and then grow to at least 12 feet tall around the perimeter of the area <br />proposed area for commercial use on the applicant’s site plan to mitigate airborne pests and diseases. <br /> <br />ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually <br />satisfied: <br /> <br />6. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are <br />permitted upon review and approval of the Planning Director. <br /> <br />7. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any <br />revocation could be appealed to the county hearings officer for a public hearing. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from
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