CU25-034 Staff Decision - Laserfiche WebLink

Home Browse Search

If as a part of any agreement to provide caretaking services, the caregiver was required to provide financial compensation or incur a financial obligation in order to reside within the hardship dwelling then that arrangement will not violate this subsection (E)(5); provided, that the arrangement existed prior to the temporary absence or medically necessary absence. F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship permit dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no longer necessary to provide care to the aged or infirm person(s). 1. Extended absence from the property may result in revocation of the hardship permit; issuance of a citation pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to MCC 1.25.050. 2. Notice will be provided to the owner of any substantiated violation of this subsection (F) 30 days prior to the effective date of a revocation of the hardship permit made pursuant to subsection (F)(1) of this section. A Physician's Certificate submitted with the application confirms that Mary Terhaar’s circumstances constitute a medical hardship due to their medical conditions requiring frequent care from relatives. Mary will reside in the hardship dwelling while receiving care from her parents, James and Amy Terhaar who live in the newly completed primary dwelling. The hardship dwelling is expected to be temporary; the signing of a Conversion Dwelling Removal Hardship Agreement for the medical hardship dwelling makes it valid for the proposed changes. The proposal satisfies Section #7(A), (B), (C), (D), (E), and (F). The criterion is met. G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the nature of the property and existing development: 1. Be located as near as possible to other residences on the property; 2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable for farm or forest use, if it is not feasible to locate it near an existing residence; 3. Not require new driveway access to the street; 4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the county sanitarian. The applicants stated that the hardship dwelling will be the existing mobile home. The two dwellings are situated approximately 112 feet from each other and share the same driveway. Due to the topography and arrangement of accessory dwellings, the two dwellings are in the best suited location to minimize the impact to the arable land on the property. As a condition of approval, the applicants shall obtain any Marion County Septic Department permits and authorizations needed. The criteria are met. H. For an existing building to be used as a hardship dwelling it must: 1. Be suitable for human habitation; The subject hardship dwelling was the primary dwelling prior to the completion of the new primary dwelling in 2025, indicating it is suitable for human habitation. The criterion is met. 2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and sanitation) applicable to dwellings; The applicants shall be required to obtain all necessary building permits to meet all applicable building standards. The criterion is met. 3. Not require new driveway access to the street; and No new driveway access is proposed. The hardship dwelling and the primary dwelling will continue to be accessed from the existing driveway. The criterion is met.