CU25-030 Staff Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential and Primary Agriculture in the Marion County Comprehensive Plan. The intent of the (Acreage Residential) AR zone is that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. The purpose of the AR designation and the corresponding EFU (Exclusive Farm Use) zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas and the EFU zone promotes commercial farming operations. 2. The property is located on Juntura Avenue SE approximately 600 feet southwest of the intersection of Aumsville Highway and Joseph Street SE. The property contains a 1967 dwelling, accessory structure, and septic system and a preexisting secondary dwelling that is the previously existing medical hardship authorized by a land use case. This building is located approximately 40 feet southeast of the primary dwelling. The property received approval for the medical hardship in 2016 (CU16-025), and the manufactured dwelling remains on the site in the same location. The subject property is considered legally created, and as such, the property is considered a lawful parcel for land use purposes. 3. Surrounding properties to the east, west and north are zoned AR (Acreage Residential) and consist of acreage residential homesites. Adjacent property to the north is zoned SA (Special Agriculture) and in farm use. 4. Marion County Soils Analysis indicates that the property is comprised of 100% non-high values soils. 5. The manufactured dwelling was originally approved as a medical hardship for Sharon Woodward under CU16- 025. Available information indicates that Mrs. Woodward no longer occupies the dwelling. The applicants are requesting to use the existing manufactured dwelling so that they can provide daily care for Daniel William Frey. Mr. Frey will be cared for by Ryan Douglas Woodward. The applicants provided a signed Physician's Certificate for Daniel William Frey indicating that he has medical conditions that preclude him from maintaining a complete, separate, and detached dwelling apart from his family. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: An Authorization without field visit is required. The septic tank must be pumped and evidence the system is not failing must be provided. All commenting agencies stated no objection to the proposal or did not respond. 7. 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;