BEFORE THE LAND USE HEARINGS OFFICER OF CLACKAMAS COUNTY, OREGON Regarding an Application for a Home Occupation ) Case File No. With an Exception for a Motorcycle Parts ) Business. ) (Silvis) A. SUMMARY 1. The owners are Daniel Silvis and Megan Neill. The applicant is Daniel Silvis. 2. The subject property is located at 17829 South Wesley Court, Oregon City, OR 97045. The legal description is T3S, R2E, Section 01A, Tax Lot 309, W.M. The subject property is approximately 1.06 acres and is zoned RA-1 Rural Area 1-Acre District. 3. On June 21, 2018, the Hearings Officer conducted a public hearing to receive testimony and evidence about the application. B. HEARING AND RECORD HIGHLIGHTS 1. The Hearings Officer received testimony at the public hearing about this application on June 21, 2018. All exhibits and records of testimony are filed with the Planning Division, Clackamas County Department of Transportation and Development. At the beginning of the hearing, the Hearings Officer made the declaration required by ORS 197.763. The Hearings Officer disclaimed any ex parte contacts, bias, or conflicts of interest. The Hearings Officer stated that the only relevant criteria were those identified in the staff report, that participants should direct their comments to those criteria, and failure to raise all arguments may result in waiver of arguments at subsequent appeal forums. 2. At the hearing, county planner Glen Hamburg discussed the staff report and recommended approval of the home occupation exception. 3. Daniel Silvis testified in favor of the application. 4. Lance Ward, a member of the Redland Community Planning Organization, asked some questions about the home occupation exception process, but he did not oppose the application. Silvis Home Occupation Exception Page 1
5. At the conclusion of the public hearing, the Hearings Officer closed the record. C. FACTS The subject property is located at 17829 South Wesley Court, Oregon City, OR 97045. The property is 1.06 acres and is zoned RA-1. The subject property is in the unincorporated community of Redland. The primary character of the area is rural residential, with single family residences that are generally on an acre or larger parcels. A previous home occupation and exception to the size allowed for the home occupation was approved for an almost identical use in 2014. The owner of the property has changed, but the new owner wishes to continue operating a motorcycle parts business. Therefore, a new application is required. D. DISCUSSION The staff report analyzes the approval criteria and explains why the approval criteria are satisfied. As there was no opposition to the findings in the staff report, it would be a waste of the County s money and resources to review and repeat all of findings in the staff report. I have reviewed all of the findings in the staff report and agree with those findings. I therefore adopt and incorporate the findings in the staff report in this decision. All of the approval criteria are satisfied. E. DECISION Based on the findings, discussion and conclusions provided or incorporated herein and the public record in this case, the Hearings Officer hereby APPROVES application, with the following conditions of approval. F. CONDITIONS OF APPROVAL 1. This approval is only for the operation of an online motorcycle parts sales business occupying no more than 2,900 square feet of existing and permitted accessory building space on the subject property. This 2,900 square feet shall continue to be physically separated by a minimum seven-foot-tall partition wall from any other portions of the building, though the partition wall may continue to have closing doors. 2. This approval is for three years only. Continuation of the use beyond this period will require submittal of a Type II home occupation renewal application. Silvis Home Occupation Exception Page 2
3. The home occupation shall comply with all applicable provisions in Sections 316, 822.04, and 822.06, other than those provisions specifically excepted by this approval. 4. The operator of the home occupation shall reside in a dwelling unit on the subject property. 5. There shall be no more than five employees associated with the home occupation on the subject property at any given time. 6. The home occupation shall operate entirely indoors. No outside storage of merchandise, tools, or equipment is permitted. 7. From 8:00 a.m. until 6:00 p.m., the average peak sound pressure level, when measured off the subject property, of noise created by the home occupation shall not exceed the greater of 60 db(a) or the ambient noise level. During all other hours, the home occupation shall not create noise detectable to normal perception off the subject property. 8. The home occupation shall not create vibration, glare, fumes, or odors detectable to normal sensory perception of the subject property. Vehicles entering or exiting the subject property shall be exempt from this standard, but idling vehicles shall not. 9. The home occupation shall not create visual or audible electrical interference in any radio, television, or other electronic device off the subject property, or cause fluctuations in line voltage off the subject property. 10. Any signage shall be permitted pursuant to Section 1010. 11. There shall not be more than 20 vehicle trips (10 roundtrips) associated with the home occupation per day to/from the subject property. 12. The home occupation shall not involve the use, parking, storage, or repair of any vehicle exceeding a gross vehicle weight of 11,000 pounds, except delivers by parcel post, United Parcel Services, or similar in-town delivery service trucks. 13. There shall be no vehicles repaired, parked, or stored in any public right-of-way. 14. No more than four vehicles associated with the home occupation, including, but not limited to, employee vehicles and customer/client vehicles, shall be located on the subject property at any one time. 15. Vehicles associated with the home occupation shall be parked within the 24 x 24 area illustrated by the submitted site plan. This area shall be in compliance with the Silvis Home Occupation Exception Page 3
parking standards of Section 1015 and the County s Transportation Engineering Division (503.742.4691). 16. Vehicles associated with the home occupation shall take access only from S Redland Rd, and never by S Wesley Ct. 17. The applicant shall provide adequate on-site circulation for the parking and maneuvering of all vehicles anticipated to use the site. 18. The applicant shall not make any modifications to the building used for the home occupation which require a building permit without first obtaining approval from Planning and obtaining the required building permit. The applicant is responsible for ensuring that the building remains in compliance with the requirements of Clackamas County s Building Codes Division (503.742.4240). 19. Approval is subject to the above stated conditions. Failure to comply with all conditions of approval shall be cause for revocation of this permit. DATED this 2nd day of July, 2018 Silvis Home Occupation Exception Page 4
ENDANGERED SPECIES ACT NOTICE The federal Endangered Species Act (ESA) is not a criterion for approval of this application. The County has reviewed the approval standards in light of the requirements of the ESA, believes that the criteria for approval are consistent with the terms of the ESA and has submitted the Development Ordinances for consideration for a "4(d)" programmatic limitation. However, the analysis included in this decision does not include an evaluation by the County of the applications for consistency with the ESA nor does the decision reach any conclusions concerning that federal law. The applicant are responsible for designing, constructing, operating and maintaining the activities allowed by an approval of this application in a manner that ensures compliance with the ESA. Any question concerning this issue should be directed to the applicant, their consultants and the federal agencies responsible for administration and enforcement of the ESA for the affected species. APPEAL RIGHTS ZDO 1307.10(F) provides that, with the exception of an application for an Interpretation, the Land Use Hearings Officer s decision constitutes the County s final decision for purposes of any appeal to the Land Use Board of Appeals (LUBA). State law and associated administrative rules promulgated by LUBA prescribe the period within which any appeal must be filed and the manner in which such an appeal must be commenced. Presently, ORS 197.830(9) requires that any appeal to LUBA shall be filed not later than 21 days after the date the decision sought to be reviewed becomes final. This decision will be final for purposes of a LUBA appeal as of the date of mailing (which date appears on the last page herein). Silvis Home Occupation Exception Page 5