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CU25-003 Staff Decision
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CU25-003 Staff Decision
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Last modified
2/5/2025 10:08:13 AM
Creation date
2/5/2025 10:09:37 AM
Metadata
Fields
Template:
Land Use
Case_Number
25-003
Document_Date
2/5/2025
Land Use Type
Conditional Use
Tax_Lot_Number
071E09D001100;1000
Document_Type
Decision
Site_Address
17416 POWERS CREEK LOOP NE
Text box
ID:
1
Creator:
EDIAZ
Created:
2/5/2025 10:09 AM
Modified:
2/5/2025 10:07 AM
Text:
https://www.codepublishing.com/cgi-bin/ors.pl?cite=197.732
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<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 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 <br />extended 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, Pamela’s physical circumstances constitute a hardship condition relating to the <br />aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence apart <br />from their family. Erik Bates and Carrie Bates are proposing that they will be Pamela’s caretakers and assist her <br />with her daily needs and medical conditions. The evidence also indicates the proposed manufactured home would <br />be relatively temporary in nature. The requirement that a Manufactured Dwelling/RV Removal or Disconnect <br />Agreement be filed by the applicant ensures that the manufactured home will be removed from the property when <br />the hardship ceases. This agreement has been previously recorded and shall be applicable to this decision. <br /> <br />9. Since the property is located in an FT zone, the proposal must also satisfy the conditional use criteria in MCC <br />17.139.060(A). Those requirements are: <br /> <br /> 1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or <br />forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does <br />not 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 /> 2. The use will not significantly increase fire hazard or significantly increase fire suppression costs or <br />significantly increase risks to fire suppression personnel. <br /> 3. Adequate fire protection and other rural services are or will be available when the use is established. <br /> 4. 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 /> 5. Any noise associated with the use will not have a significant adverse impact on nearby land uses. <br /> 6. 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 /> <br />10. This use is not expected to force or create any change in accepted farm/forest practices, criteria #1 is met. This <br />parcel is served by the Drakes Crossing Fire Department; criteria #3 is met. This use will not have any adverse <br />effect on surrounds groundwater or wildlife, criteria #4 is met. The use is not expected to create any noise that <br />would have a negative impact on nearby lands; criteria #5 is met. The use is not expected to have any effect on <br />potential water impoundments and will not create any conflicts, criteria #6 is met. <br /> <br />11. Since the property is located in an FT zone, the proposal must also satisfy the special siting requirements in MCC <br />17.139.070(A) and (B). Those requirements are: <br /> <br />A (1): Dwellings and structures shall comply with the special requirements in subsection (A)(2) or (3) of <br />this section. Compliance with the provisions in subsection (A)(2) of this section and subsections <br />(B), (F) and (G) of this section satisfies the criteria in (A)(3) of this section. Alternative sites that <br />meet the criteria in subsection (A)(3) of this section may be approved concurrently with any land <br />use application or as provided in Chapter 17.116 MCC.
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