CU25-027 Staff Decision - Laserfiche WebLink

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questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective August 18th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Rural Residential in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding AR (Acreage Residential) zone is to provide areas for acreage homesites not directly tied to commercial agriculture operations. 2. The property is located at 13299 Morrow Ln SE, on the west side of Morrow Ln, 600 feet south of the intersection between Valley View Rd SE and Morrow Ln. The property contains a 1997 dwelling on the southern part of the parcel designated as the primary dwelling and a manufactured home in the north part of the parcel is the hardship manufactured dwelling. The property received approval for the medical hardship in 2016 (CU16-029) and the manufactured dwelling remains on the site in the same location. The subject property was legally created as Lot 2, Replat of Sunrise Estates, Lots 2, 3 and 4, and is legal for land use purposes. 3. Surrounding properties on all sides consist of AR parcels in use as rural residences. 500 feet to the north beyond these rural residences are some larger SA (Special Agriculture) zoned parcels engaged in commercial agriculture operations. 4. The manufactured dwelling/RV was originally approved as a medical hardship for Margaret Rhodes under CU16- 029. Available information indicates that Mrs. Rhodes no longer occupies the dwelling. The applicants are requesting to use the existing manufactured dwelling so that they can provide daily care for Alan and Vickie Rhodes. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: “The applicant must receive an authorization for the change of use for the septic system.” NOTE: During the writing of this land use decision, the applicants received a new septic authorization for the change in occupant of the hardship. Permit number 555-25-004918. The condition of approval related to meeting these standards is already met. The next authorization shall be 5 years from the date of this that authorization permit’s approval. All other contacted agencies stated no objection to the proposal or failed to provide comments. 6. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in MCC 17.120.040. Those that apply to this case include: Use of a temporary mobile home, recreational vehicle, or existing building for the care of someone with a hardship may be approved as a conditional use subject to meeting the following criteria: A. For the purposes of this section: 1. “Absence” means that the person(s) for whom the hardship dwelling permit was granted has lived away from the hardship dwelling for less than 165 days per calendar year or less than 165 consecutive days; 2. “Aged or infirm person” means the person(s) suffering from a medical hardship or hardship due to age or infirmity that requires care to be provided; 3. “Application” means both an application to obtain approval to place a hardship permit dwelling on a property and the annual renewal of the hardship permit; 4. “Domicile” means the intention of the aged or infirmed person(s) or caregiver(s) to live on the property or in the hardship permit dwelling as that person’s primary residence; 5. “Extended absence” means that the person(s) for whom the hardship dwelling permit was granted has not lived at the hardship dwelling for more than 165 days per calendar year or 165 consecutive days; 6. “Hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons; 7. “Hardship permit” means a conditional use permit granted under ORS 215.283(2)(L) and this section to allow for the use of a hardship permit dwelling on the property for a period of one year; 8. “Hardship permit dwelling” means a temporary mobile home, recreational vehicle, or existing building used for the care of an aged or infirmed person who is or will be domiciled on the property; 9. “Medically necessary absence” means an extended absence that is necessary for the aged or infirm person to receive medical care or treatment;