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CU25-002 Staff Decision
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CU25-002 Staff Decision
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Last modified
2/4/2025 2:53:52 PM
Creation date
2/4/2025 2:54:31 PM
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Land Use
Case_Number
25-002
Document_Date
2/4/2025
Land Use Type
Conditional Use
Tax_Lot_Number
083W24B001500
Document_Type
Decision
Site_Address
6275 BATTLE CREEK RD SE
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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 /> <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 the <br />renewal period; or <br />2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting <br />forth the date on which the aged or infirm person will return to the property. <br />a. If the aged or infirmed person does not return to the property within the time period <br />described in Section A.6., then the aged or infirm person’s absence will be deemed an extended <br />absence <br /> <br />L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, <br />and shall continue to meet the above criteria in order to qualify for renewal. <br /> <br />8. Based on the available evidence, Luisa and Lucio’s physical circumstances constitute a hardship condition relating <br />to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence <br />apart from their family. Paulo and Erika Regalado are proposing to be the caretakers of Luisa and Lucio and will <br />be the ones assisting them with their day-to-day needs and medical treatments. <br /> The evidence also indicates the proposed manufactured home/RV would be relatively temporary in nature. The <br />requirement that a Manufactured Dwelling/RV Removal or Disconnect Agreement be filed by the applicant ensures <br />that the manufactured home/RV will be removed from the property/ RV removed or disconnected and no longer <br />used for residential purposes when the hardship ceases. <br /> <br />9. Since the property is located in an AR zone, the proposal must also satisfy the conditional use criteria in MCC <br />17.128.040. Those requirements are: <br /> <br /> A. The conditional use as described by the applicant will be in harmony with the purpose and intent of the <br />zone. <br /> B. The use will not increase traffic beyond the capacity of existing roads. <br /> C. Adequate fire protection and other rural services are, or will be, available when the use is established. <br />D. 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 />F. The use will not have a significant adverse impact on potential water impoundments identified in the <br />Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive <br />Plan inventory of significant mineral and aggregate sites. <br /> <br />10. This use is not expected to interfere with the purpose of the zone to provide acreage homesites in a rural residential <br />zone; criteria (A) is met. The use is not expected to increase traffic beyond the capacity of the existing roads; criteria <br />(B) is met. This parcel is served by the Turner Fire District; criteria (C) is met. This use will not have any adverse <br />effect on surrounding watersheds, groundwater, or wildlife; criteria (D) is met. <br />The use is not expected to have any effect on potential water impoundments and will not create any conflicts with <br />mineral or aggregate sites; criteria (F) is met. <br /> <br />11. Based on the above findings, it has been determined that the applicants’ request meets all applicable criteria for <br /> placing a temporary manufactured home/RV for medical hardship purposes and is, therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: February 5th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact George Brandt at (503) 566-3981. <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it <br />must promptly be forwarded to the purchaser.
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