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CU25-037 Staff Decision
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CU25-037 Staff Decision
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Last modified
9/24/2025 9:17:02 AM
Creation date
9/24/2025 9:17:24 AM
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Land Use
Case_Number
25-037
Document_Date
9/24/2025
Land Use Type
Conditional Use
Tax_Lot_Number
061E30B003400
Document_Type
Decision
Site_Address
6747 CASCADE HWY NE
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<br /> Marion County Septic commented: “An authorization application for a hardship will be required with fees and an <br />accurate map showing actual location of tank and drainfield.” <br /> <br />All other commenting agencies stated no objection to the proposal or failed to provide comment. <br /> <br />7. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance <br />with the specific criteria listed in MCC 17.120.040. These include: <br /> <br />(a) For the purposes of this subsection "hardship" means a medical hardship or hardship for the care of an <br />aged or infirm person or persons. <br />(b) A doctor of medicine or licensed psychologist shall sign a statement indicat ing the physical or mental <br />condition that prevents the person(s) with the hardship from providing the basic self care needed to live <br />on a separate lot. The statement shall also attest that the physician or licensed psychologist is convinced <br />the person(s) with the hardship must be provided the care so frequently or in such a manner that the <br />caretaker must reside on the same premises. <br />(c) Those providing the needed assistance shall be related by blood, marriage or legal guardianship and <br />reside in another residence on the property. If evidence is presented that there is no family member able <br />to provide the needed care the caretaker may be someone else provided the property is located in a zone <br />other than the EFU, SA, FT or TC zones. In the EFU, SA, FT and TC zones, occupancy of the hardship <br />mobile home or recreational vehicle is limited to the term of the hardship suffered by the existing resident <br />or a relative as defined in ORS 215.283. <br />(d) Those providing the care must show that they will be available and have the skills to provide the primary <br />care required by the doctor or psychologist. <br />(e) 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. In the case of a recreational vehicle it <br />shall be rendered uninhabitable by disconnection from services. An agreement to comply with this <br />requirement shall be signed by the property owner and the care providers. Oregon Department of <br />Environmental Quality removal requirements also apply. <br />(f) The mobile home or recreational vehicle shall to the extent permitted by the nature of the property and <br />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 <br />suitable for 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 <br />approved by the county sanitarian. <br />(g) The use is intended to be temporary, shall be subject to review every year, and shall continue to meet the <br />above criteria in order to qualify for renewal. <br /> <br /> Based on the available evidence, Shirley Boehmer's physical circumstances constitute a hardship condition <br />relating to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached <br />residence apart from their family. The evidence also indicates the proposed manufactured home would be <br />relatively temporary in nature. The requirements that a Manufactured Dwelling/RV Removal or Disconnect <br />Agreement be filed by the applicant ensures that the hardship dwelling be removed or converted to a use <br />permitted in the zone and no longer used for residential purposes when the hardship ceases. These requirements <br />shall be conditions of approval. The criteria are met. <br /> <br />8. Since the property is located in an EFU zone, the proposal must also satisfy the conditional use criteria in MCC <br />17.136.060(A). Those requirements are: <br /> <br />(a) The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest <br />practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not <br />include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been <br />approved and established, in exception areas approved under ORS 197.732, or in an acknowledged <br />urban growth boundary.
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