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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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K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary <br />absence or medically necessary absence from the property for at least 30 consecutive days prior to <br />submission of the renewal application, the application must include: <br />1. In the event of a medically necessary absence, an assessment by a licensed medical professional <br />stating that it is reasonably likely that the aged or infirm person will return to the property within <br />the renewal period; or <br />2. In the event of a temporary absence, a statement from the owner or aged or infirmed person <br />setting forth the date on which the aged or infirm person will return to the property. <br />If the aged or infirmed person does not return to the property within the time period described in <br />subsection (A)(5) of this section, then the aged or infirm person’s absence will be deemed an <br />extended absence. <br /> <br /> This shall be a condition of approval. The criteria is met. <br /> <br />L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and <br />shall continue to meet the above criteria in order to qualify for renewal. <br /> <br /> This shall be a condition of approval. The criteria is met. <br /> <br />M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a <br />recreational vehicle or the temporary residential use of an existing building when the temporary residence is <br />established within an existing building if the hardship is located within 100 feet of the primary residence or <br />the temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource <br />use under Goals 3, 4, or both. <br /> <br /> This hardship is not related to a natural hazard event. The criterion does not apply. <br /> <br />8. Since the property is located in an EFU zone, the proposal must also satisfy the conditional use criteria in MCC <br />17.136.060(A). Those requirements are: <br /> <br />(a) The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest <br />practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not <br />include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been <br />approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban <br />growth boundary. <br /> <br />The applicants are proposing to use a RV as a temporary medical hardship dwelling. The temporary nature of this <br />dwelling will not increase property values, nor create interference that could increase the cost of accepted farm <br />practices. The criterion is met. <br /> <br />(b) Adequate fire protection and other rural services are, or will be, available when the use is established. <br /> <br />The property is served by the Marion County Fire District No. 1and Marion County Sheriff’s Department. Any <br />other necessary rural services, such as a well and septic, are already present on the property. The criterion is met. <br /> <br />(c) The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, <br />soil and slope stability, air and water quality. <br /> <br />The site where the applicants are proposing to place the RV dwelling is the northern portion of the property adjacent <br />to the existing primary dwelling and accessory buildings. This parcel has not been identified as a fish and wildlife <br />habitat. The proposed site is not within a geohazard overlay, nor within a Sensitive Ground Water Overlay (SGO) <br />zone. Any potential adverse impacts are expected to be negligible. The criterion is met. <br /> <br />(d) Any noise associated with the use will not have a significant adverse impact on nearby land uses. <br />
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