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Staff Decision (4388)
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Staff Decision (4388)
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Last modified
8/7/2023 12:37:42 PM
Creation date
10/30/2024 4:16:21 PM
Metadata
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Template:
Land Use
Case_Number
23-013
Document_Date
4/14/2023
Land Use Type
Conditional Use
Document_Type
Decision
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Marion County Land Development, Engineering, and Permits (LDEP) commented: <br />Engineering Condition <br />Condition A — Prior to issuance of a building MD placement permit for the medical hardship dwelling, acquire an <br />Access Permit, and under the Permit consolidate the two driveway access approaches into a single access not to <br />exceed 24 feet in width measured at the front property line. <br />Driveway access to the public R/W must meet PW Engineering standards. Notwithstanding exception granted for <br />topographical, drainage and/or other legitimate spatial constraints (such as conflict with a septic drain field), <br />residential properties are authorized a total of one (1) access. In 2001 the shop building was constructed, and an <br />approved Driveway Exemption #01-06096 on -record documented a single (northwest) access. Subsequently to <br />that time, a 35-foot wide, secondary access serving the shop was apparently installed to the southeast without <br />permits, potentially by a prior owner. <br />Marion County Building Division commented that there are no Building Inspection concerns. Permit(s) are <br />required to be obtained prior to the manufactured home installation. If the proposed home is less than 3 feet to any <br />adjoining property line, additional fire resistive construction may be required on the closest exterior wall. <br />6. All other commenting agencies state no objections or did not comment. <br />7. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance <br />with the specific criteria listed in MCC 17.120.040. These include: <br />D. When the aged or infirm person must be provided care so frequently or in such a manner that caregiver(s) <br />must reside on the same premises, the aged or infirm person and/or those caregivers providing care for the aged <br />or infirm person may temporarily reside in the hardship permit dwelling for the term necessary to provide care. <br />1. Those providing the care must show that they will be available and have the skills to provide the care <br />required, as described by the licensed medical professional. <br />2. Caregivers may reside within a hardship permit dwelling during periods of absence and medically <br />necessary absence. <br />3. Caregivers shall not have any financial or expense obligation increased for residing in the hardship <br />dwelling during periods of absence and medically necessary absence. <br />The applicant has stated that their mother, Dovie Bertolucci, has a medical condition that does not allow her to <br />live apart from family that can provide care. In particular, the applicant has stated that they intend to provide care <br />by driving the applicant's mother to doctors appointments, cooking, cleaning, and other various tasks. The <br />criterion is met. <br />E. A temporary absence or medically necessary absence from the property by the aged or infirm person(s) will <br />not result in the revocation or denial of a hardship permit. <br />1. When a medically necessary absence results in the aged or infirm person(s) living off of the property for <br />more than 165 days in one calendar year or 165 consecutive days, they must provide notice of the <br />medically necessary absence to prevent the absence from being considered an extended absence. <br />2. Notice of a medically necessary absence that will result in the aged or infirm person(s) living off of the <br />property for more than 165 days in one calendar year or 165 consecutive days must be provided within <br />14 days of learning that the absence from the property will result in the aged or infirm person having to <br />live away from the property for more than 165 days in one calendar year or 165 consecutive days. <br />3. Notice of a medically necessary absence must: <br />a. Be submitted in writing; <br />b. Include a statement from a licensed medical provider outlining that the absence from the <br />property is necessary for the care or medical treatment of the aged or infirm person <br />
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