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Staff Decision (4582)
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Staff Decision (4582)
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Last modified
10/17/2024 1:51:58 PM
Creation date
10/30/2024 4:19:30 PM
Metadata
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Land Use
Case_Number
24-041
Document_Date
10/17/2024
Land Use Type
Conditional Use
Tax_Lot_Number
072W27B001200
Document_Type
Decision
Site_Address
6794 FRUITLAND RD NE
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infirm person having to live away from the property for more than 165 days in one calendar year <br />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 <br />the property is necessary for the care or medical treatment of the aged or infirm person; <br />c. Provide an estimate as to when the aged or infirm person(s) will return to the <br />property; <br />d. Include an assessment from the licensed medical professional on whether or not the <br />aged or infirm person(s) will be able to reside on the property again. <br />i. If a licensed medical professional cannot provide an assessment on whether the <br />aged or infirm person will be able to return to the property at the time when <br />notice of a medical necessary absence is due, a hardship permit may be approved <br />for the amount of time necessary, not to exceed one year, for the licensed medical <br />professional to make the assessment as to whether the aged or infirm person(s) <br />will be able to return to the property. <br />ii. If a licensed medical professional cannot provide an assessment after the <br />period of time described in subsection (E)(3)(d)(i) of this section, then a <br />determination will be made as to whether the hardship permit is still necessary <br />for the care of the aged or infirm person(s). <br />4. Notice of a medically necessary absence may be submitted by the owner(s), aged or infirm <br />person(s), caregiver(s) of the aged or infirm person(s), or other agent of the aged or infirm <br />person(s). <br />5. Caregivers may not be charged any rent or otherwise required to provide financial compensation <br />to live in the hardship dwelling during a temporary absence or medically necessary absence. <br />If as a part of any agreement to provide caretaking services, the caregiver was required to <br />provide financial compensation or incur a financial obligation in order to reside within the <br />hardship dwelling then that arrangement will not violate this subsection (E)(5); provided, that the <br />arrangement existed prior to the temporary absence or medically necessary absence. <br /> <br />These shall be a condition of approval. These criteria can be met. <br /> <br />F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship <br />permit dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship <br />permit is no longer necessary to provide care to the aged or infirm person(s). <br /> <br />1. Extended absence from the property may result in revocation of the hardship permit; issuance of <br />a citation pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to <br />MCC 1.25.050. <br />2. Notice will be provided to the owner of any substantiated violation of this subsection (F) 30 days <br />prior to the effective date of a revocation of the hardship permit made pursuant to subsection <br />(F)(1) of this section. <br /> <br /> These shall be a condition of approval. The criterion is met. <br /> <br />G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the <br />nature of the property and existing development: <br /> <br />1. Be located as near as possible to other residences on the property; <br /> <br />1. The applicants plan to place an RV as the hardship dwelling. The proposed caregivers and their family <br />will move into the hardship dwelling, and the applicants will continue to occupy the primary dwelling. <br />The site plan refers to the proposed placement site as being within 60 feet of the primary dwelling, and <br />aerial imagery suggests that this proposed location will be within 100 feet from the primary dwelling. The <br />location is on the parking area behind the garage and the residence. The proposed location is suitable for <br />the purpose of providing frequent care. The criterion is met.
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