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F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship permit <br />dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no <br />longer necessary to provide care to the aged or infirm person(s). <br />1. Extended absence from the property may result in revocation of the hardship permit; issuance of a citation <br />pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to MCC 1.25.050. <br />2. Notice will be provided to the owner of any substantiated violation of this subsection (F) 30 days prior to the <br />effective date of a revocation of the hardship permit made pursuant to subsection (F)(1) of this section. <br />A Physician's Certificate submitted with the application confirms that Mary and George Koster’s circumstances <br />constitute a medical hardship due to their medical conditions requiring frequent care from relatives. They will <br />reside in the hardship dwelling while receiving care from their daughter Brooke Koster, who lives in the primary <br />dwelling. The hardship dwelling is expected to be temporary, as the Removal Agreement from CU16-031 remains <br />in effect for this medical hardship, making it valid for the proposed changes. The proposal satisfies Section #7(A), <br />(B), (C), (D), (E), and (F). The criterion is met. <br />G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the <br />nature of the property and existing development: <br />1. Be located as near as possible to other residences on the property; <br />2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable for <br />farm or forest use, if it is not feasible to locate it near an existing residence; <br />3. Not require new driveway access to the street; <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by <br />the county sanitarian. <br />The medical hardship dwelling is not a mobile home or recreational vehicle. The criterion does not apply. <br />H. For an existing building to be used as a hardship dwelling it must: <br />1. Be suitable for human habitation; <br />The subject hardship dwelling has been occupied since its approval in 2021, indicating it is suitable for human <br />habitation. The criterion is met. <br />2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and <br />sanitation) applicable to dwellings; <br />A building permit was issued for this hardship dwelling indicating it meets all applicable building standards. The <br />criterion is met. <br />3. Not require new driveway access to the street; and <br />No new driveway access is proposed. The hardship dwelling will continue to be accessed from the existing <br />driveway. The criterion is met. <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by <br />the county sanitarian. <br />This was a condition of approval for the original medical hardship case, CU16-031. Marion County Septic <br />requires a new authorization. <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.