Sisters City Councilor Tim Clasen has gained some personal experience with the zoning laws he has argued passionately to uphold.

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Clasen operates an irrigation business in the Sisters area, listing 266 West Sisters View as his business address. According to city planner Neil Thompson, Clasen is operating a business in a residential neighborhood, which requires a conditional use permit.

Thompson told Clasen he needs to apply for a conditional use permit by October 29.

Clasen has figured prominently in the debate over siting a proposed Les Schwab store on county land at the west edge of town. He has argued that the Les Schwab Taylor Tire Center cannot meet the requirements of a required conditional use permit.

Conditional use permits are required for any activity that is not permitted outright in a particular zone. Clasen's home is in a residential zone, which allows single-family dwellings, duplexes and associated buildings such as garages. A shop or a home-based business is a conditional use.

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Thompson said he determined that Clasen's "Irrigation Man" business was in fact a home-based business using "objective criteria": his business license lists his home address; his business phone rings at that address; Clasen bills from his home; Clasen's "doing business as..." address is the residential address.

Clasen and his attorney Jack Stern plan to meet with the city this week to discuss the issue. Stern emphasized that Clasen has not decided not to apply for the permit, but Stern believes Clasen doesn't really operate a home business.

"He's got five acres in Tumalo where that business is based," Stern said.

Clasen has stressed that he stores his materials at his Tumalo yard, and that the only outward sign of his business at his home is his truck parked there.

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According to Stern, Clasen has made some changes that they believe remove the need for a conditional use permit. Stern said Clasen has got a new post office box for the business and a cell phone so that business calls don't come in on a home line.

"He's in the process of making those changes on his business license," Stern said.