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A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on October 28th, 2024. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective October 29th, 2024, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to promote and protect small agricultural operations while also providing the opportunity for some acreage residential and other uses that are compatible with agricultural activities. 2. The property is located at the northeast corner of Champion Hill Road and Phoenix Avenue. The property contains a single-family dwelling that was approved as a non-farm dwelling by Conditional Use Case No. 89-95 (CU89-95). In addition to the dwelling, the property contains the existing medical use hardship dwelling, accessory structures, well, and septic system. Based on previous land use and building permit approvals, the property is considered legal for land use purposes. 3. Surrounding properties consist of smaller sized farms also in the SA zone and engaged in various agricultural uses. 4. The Marion County Soils Analysis tool identifies that 99.6% of the soils on the subject property are high value. 5. The manufactured dwelling/RV was originally approved as a medical hardship for under CU03-029. The applicants are requesting to change the medical hardship occupants to their son and daughter-in-law, Michael Harrington and Leah Harrington. They are proposing that Leah and Michael will be their caretakers while they continue to live in the primary dwelling. Leah and Michael will help care for Pat and David Harrington and assist with the upkeep of the property. 6. Various agencies were contacted about the proposal and given the opportunity to comment. Salem Fire Department Commented: “Fire department access is provided from Champion Hill. Water supply will be required per Appendix B of the Oregon Fire Code.” Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained if any development and/or utilities installation is being considered on private property.” All other commenting agencies stated no objection to the proposal or failed to respond. 7. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in MCC 17.120.040. These include: A. This subsection contains definitions for the section and is not applicable as a criterion. B. This subsection contains various requirements for application submission, including “a signed statement from a licensed medical professional indicating whether the aged or infirm person has a hardship as defined in subsection (A) of this section. The statement shall also attest whether the licensed medical professional is convinced the person(s) with the hardship must be provided the care so frequently or in such a manner that the caregiver(s) must reside on the same premises” and “identify whether the aged or infirm person(s) and/or caregiver(s) will be residing in the hardship permit dwelling.”