CU25-044 Staff Decision - Laserfiche WebLink

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2. In the case of an existing building, the renovations or modifications made to an existing building to be used for inhabitation must be removed. a. The existing building shall be returned to similar conditions as its previous use; or b. If the existing building is not going to be returned to its previous use then the building must be used for either a permitted use or a new use application for the existing building must be obtained. 3. In the case where an agricultural exemption is sought for an existing building, a new application must be approved regardless of any previously approved agricultural exemption. J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship dwelling are removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care provider no longer resides in the hardship dwelling or on the property. 1. Applications for a hardship dwelling must include a description of how the applicant will ensure this condition is met. K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary absence or medically necessary absence from the property for at least 30 consecutive days prior to submission of the renewal application, the application must include: 1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating that it is reasonably likely that the aged or infirm person will return to the property within the renewal period; or 2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth the date on which the aged or infirm person will return to the property. 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. Based on the available evidence, Mary Charleston’s 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 RV would be relatively temporary in nature. The requirements that a Manufactured Dwelling/RV Removal or Disconnect Agreement be filed by the applicant ensures that the RV will be removed or disconnected and no longer used for residential purposes when the hardship ceases. The terms and requirements shall be conditions of approval. The criteria are met. 7. Since the property is located in an AR zone, the proposal must also satisfy the compatibility criteria in MCC 17.128.040 MCC. Those requirements are: (a) The conditional use as described by the applicant will be in harmony with the purpose and intent of the zone. The purpose of the AR zone is to provide areas for residences within the rural areas of Marion County. The proposed RV would serve as a temporary residence for an aged or infirmed person receiving care from the occupant of the dwelling so they can continue to reside safely on the property. A temporary residence is in harmony with the intent and purpose of the zone. The criterion is met. (b) The use will not increase traffic beyond the capacity of existing roads. The proposed use of an RV as a temporary residence will not increase traffic beyond what would be reasonably expected for a single-family residence. The criterion is met. (c) Adequate fire protection and other rural services are, or will be, available when the use is established.