CU25-032 Staff Decision - Laserfiche WebLink

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If the aged or infirmed person does not return to the property within the time period described in subsection (A)(5) of this section, then the aged or infirm person’s absence will be deemed an extended absence. L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and shall continue to meet the above criteria in order to qualify for renewal. M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a recreational vehicle or the temporary residential use of an existing building when the temporary residence is established within an existing building if the hardship is located within 100 feet of the primary residence or the temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource use under Goals 3, 4, or both. 8. Based on the available evidence, Shirley Barkshaw’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 their family. The evidence also indicates the proposed manufactured home would be relatively temporary in nature. The requirements that the previously recorded Manufactured Dwelling Disconnect Agreement will remain in effect by the applicant ensures that the manufactured home will be removed from the property and no longer be used for residential purposes when the hardship ceases. The applicants provided a signed Physicians Certificate that states that Shirley Barkshaw has medical conditions that preclude her from maintaining a complete, separate, and detached dwelling apart from her family. The submitted site plan indicates that the hardship dwelling will remain in the same location as the previous hardship and will retain the driveway access granted by CU20-029. The proposed hardship dwelling will be situated in an area that will not require removal of any productive farmland. Due to the location of the existing driveway, outbuildings, existing septic, and the existing well, it appears that the location will provide the least amount of disruption to the existing activities on the subject and adjoining properties. In addition, a condition of approval shall be placed stating that the temporary hardship dwelling will use the existing wastewater disposal system if feasible. The requirements in 7(e) and (f) remain conditions of approval. 9. Since the property is located in an AR zone, the proposal must also satisfy the conditional use criteria in MCC 17.128.040. Those requirements are: A. The conditional use as described by the applicant will be in harmony with the purpose and intent of the zone. B. The use will not increase traffic beyond the capacity of existing roads. C. Adequate fire protection and other rural services are, or will be, available when the use is established. D. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. F. 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. This use is not expected to interfere with the purpose of the zone to provide acreage homesites in a rural residential zone; criteria (A) is met. The use is not expected to increase traffic beyond the capacity of the existing roads; criteria (B) is met. This parcel is served by the Aumsville Fire District; criteria (C) is met. This use will not have any adverse effect on surrounding watersheds, groundwater, or wildlife; criteria (D) is met. The use is not expected to have any effect on potential water impoundments and will not create any conflicts with mineral or aggregate sites; criteria (F) is met.) 11. Based on the above findings, it has been determined that the request to amend the approved occupant(s) as listed in CU20-029 meets all applicable criteria and is, therefore, APPROVED, subject to conditions. Brandon Reich Date: August 22nd, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt 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.