CU25-013 Staff Decision - Laserfiche WebLink

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8. Based on the available evidence, Annette G. Pickelsimer's physical circumstances constitute a hardship condition relating to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence apart from family. The evidence also indicates the proposed mobile home would be relatively temporary in nature. The requirement that a Manufactured Home Removal or Disconnect Agreement be filed by the applicant ensures that the manufactured home will be removed from the property and no longer used for residential purposes when the hardship ceases. 9. Since the property is located in an SA zone, the proposal must also satisfy the conditional use criteria in MCC 17.137.060(A). Those requirements are: (a) The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. (b) Adequate fire protection and other rural services are, or will be, available when the use is established. (c) The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. (d) Any noise associated with the use will not have a significant adverse impact on nearby land uses. (e) The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites. 10. The proposed use of placing a manufactured home as a medical hardship is only temporary in nature until it is no longer necessary. It is located far enough away from properties in active farm use to the south, with a railroad right-of-way buffering the parcel on its southern property line and the Riverside Rd right-of-way buffering towards the north. MCC 17.137.050(B) requires that a declaratory statement meeting the requirements of MCC 17.137.100(C) be filed and this serves to notify the applicant and subsequent owners that there are farm or timber operations in the area. The property is located within the Polk County No. 1 Fire District, so fire protection services are available and it shall be made a condition of approval that the applicants meet all requirements of the fire district. Additionally, all other necessary rural services, such as well and septic, are either available or can be made available. The proposed temporary manufactured home is required to be permitted through Marion County Building and is not located within a floodplain area. It is also rational to assume the use will not have a greater impact beyond that of the existing dwelling, meaning the impact of noise and other pollutants on other properties is minimal. Finally, there are no water impoundments identified in the comprehensive plan that would be impacted by the proposal, as the site of the manufactured home is outside of the 100 year floodplain of the Willamette River. Therefore all criteria under this section are met. 11. Based on the above findings it has been determined that the request meets all applicable criteria for placing a temporary manufactured home/RV for medical hardship purposes and is, therefore, APPROVED. Brandon Reich Date: April 22nd, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.