Laserfiche WebLink
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 /> <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 were part of the conditions of approval from the previous hardship approval. All conditions of approval from <br />CU03-029 are still in effect. The criteria are 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 were part of the original conditions of approval for CU03-029. These conditions of approval are still in <br />effect. 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 <br />the nature of the property and existing development: <br /> <br />1. Be located as near as possible to other residences on the property; <br /> <br />The applicant is proposing to change the occupant of an existing hardship dwelling already established on the <br />property. The location met the requirements for a medical hardship in the previous land use case CU03-029. The <br />criterion is met. <br /> <br />2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least <br />suitable for farm or forest use, if it is not feasible to locate it near an existing residence; <br /> <br />The medical hardship dwelling already exists on the property and is not proposed to be moved. Keeping the <br />dwelling in the current location would not adversely impact farm or forest use. The criterion is met. <br /> <br />3. Not require new driveway access to the street; <br /> <br />No new driveway access is proposed, and the existing hardship will use its approved access from CU03-029. The <br />criterion is met. <br /> <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be <br />approved by the county sanitarian. <br /> <br />This was a part of the conditions of approval for the original temporary medical hardship in case CU03-029. <br />These conditions of approval remain in effect. The criterion is met.