CU25-008 Staff Decision - Laserfiche WebLink

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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 March 5th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective March 6th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (Exclusive Farm Use). The intent of both designation and zone is to promote and protect commercial agricultural operations. 2. The property is located on the northern side of Cascade Hwy NE, approximately ¾ of a mile northeast of the Silverton city limits and 1,000 feet west from the intersections with Valley View Road NE. 3. Surrounding properties are zoned EFU and in farm use, with some developed with farm dwellings. 4. The Marion County Soils Analysis tool identifies that 100% of the soils on the subject property are high value. 5. The manufactured dwelling was initially approved for a medical hardship for under case CU21-024. The applicants now wish to change the occupant from Francis Gubbels to Joyce Gubbels. A signed Primary Care Provider Certificate has been submitted for Joyce, confirming her need for daily assistance due to medical conditions. 6. Various agencies were contacted about the proposal and given the opportunity to comment. Marion County Building Inspection commented: “No Building Inspection concerns with change of occupant to existing hardship dwelling. However, according to the site plan submitted with the conditional use application, it appears the hardship dwelling may be replaced with a new hardship dwelling. If this is accurate, a placement permit would be required to be obtained prior to the replacement of the hardship dwelling.” Marion County Septic commented: “There is currently no record of an approved hardship connection to the existing septic system. To connect the hardship to the existing system, an authorization will be required per OAR 340-071-0205.” All other commenting agencies stated no objection to the proposal or failed to respond. 7. To approve a manufactured home/RV under hardship provisions, the applicants must demonstrate compliance with the specific criteria listed in Section 17.120.040 of the Marion County Code (MCC). These include: A. For the purposes of this subsection "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. 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.” C. In the EFU, SA, FT and TC zones, occupancy of a hardship permit dwelling is limited to the term of the hardship suffered by the existing resident or a relative as defined in ORS 215.283(2)(L). D. When the aged or infirm person must be provided care so frequently or in such a manner that caregiver(s) must reside on the same premises, the aged or infirm person and/or those caregivers providing care for the aged or infirm person may temporarily reside in the hardship permit dwelling for the term necessary to provide care.