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CU25-010 Staff Decision
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CU25-010 Staff Decision
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Last modified
3/3/2025 2:02:35 PM
Creation date
3/3/2025 3:17:42 PM
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Land Use
Case_Number
25-010
Document_Date
3/3/2025
Land Use Type
Conditional Use
Tax_Lot_Number
082W13B000400
Document_Type
Decision
Site_Address
5028 DUMORE DR SE
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No new driveway access is needed, the hardship dwelling will use the existing driveway. The 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 />Inspection and approval by a county sanitarian, as required by Marion County Building Inspection Division, shall <br />be a condition of approval. The criterion is met. <br /> <br />H. For an existing building to be used as a hardship dwelling it must: <br /> <br />1. Be suitable for human habitation; <br />2. Comply with all building and specialty codes (for example, but not limited to, electrical, <br />plumbing, and sanitation) applicable to dwellings; <br />3. Not require new driveway access to the street; and <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 />The proposed hardship dwelling is a recreational vehicle, the criterion does not apply. <br /> <br />I. One of the residences shall be removed from the property within 90 days of the date the person(s) with the <br />hardship or the care provider no longer reside on the property. <br />1. In the case of a recreational vehicle, it shall be rendered uninhabitable by disconnection from <br />services. <br />a. An agreement to comply with this requirement shall be signed by the applicant, and the owner <br /> of the recreational vehicle if different than the applicant. <br /> b. Oregon Department of Environmental Quality removal requirements also apply. <br />2. In the case of an existing building, the renovations or modifications made to an existing building <br />to be used for inhabitation must be removed. <br /> a. The existing building shall be returned to similar conditions as its previous use; or <br /> b. If the existing building is not going to be returned to its previous use then the building must be <br /> used for either a permitted use or a new use application for the existing building must be <br /> obtained. <br />3. In the case where an agricultural exemption is sought for an existing building, a new application <br />must be approved regardless of any previously approved agricultural exemption. <br /> <br />MCC 17.120.040(I)(1) is the relevant criterion for this proposal. Approval shall be conditioned on an RV <br />Removal Agreement being recorded with the Marion County Clerkâs Office. The criterion is met. <br /> <br />J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship <br />dwelling are removed from the hardship dwelling within 90 days of the date that the person with the hardship <br />or the care provider no longer resides in the hardship dwelling or on the property. <br />1. Applications for a hardship dwelling must include a description of how the applicant will ensure <br />this condition is met. <br /> <br />This shall be a condition of approval. The criterion is met. <br /> <br />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 />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 <br />setting forth the date on which the aged or infirm person will return to the property.
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