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H. For an existing building to be used as a hardship dwelling it must: <br />1. Be suitable for human habitation; <br />2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and <br />sanitation) applicable to dwellings; <br />3. Not require new driveway access to the street; and <br />4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved <br />by the county sanitarian. <br /> <br />I. 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. <br />1. In the case of a recreational vehicle, it shall be rendered uninhabitable by disconnection from services. <br />a. An agreement to comply with this requirement shall be signed by the applicant, and the owner of the <br />recreational vehicle if different than the applicant. <br />b. Oregon Department of Environmental Quality removal requirements also apply. <br />2. In the case of an existing building, the renovations or modifications made to an existing building to be used <br />for inhabitation must be removed. <br />a. The existing building shall be returned to similar conditions as its previous use; or <br />b. If the existing building is not going to be returned to its previous use then the building must be used <br />for either a permitted use or a new use application for the existing building must be obtained. <br />3. In the case where an agricultural exemption is sought for an existing building, a new application must be <br />approved regardless of any previously approved agricultural exemption. <br /> <br />J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship dwelling <br />are removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care <br />provider no longer resides in the hardship dwelling or on the property. <br />1. Applications for a hardship dwelling must include a description of how the applicant will ensure this <br />condition is met. <br /> <br />K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary <br />absence or medically necessary absence from the property for at least 30 consecutive days prior to submission of <br />the renewal application, the application must include: <br />1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating <br />that it is reasonably likely that the aged or infirm person will return to the property within the renewal period; <br />or <br />2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth <br />the date on which the aged or infirm person will return to the property. <br />If the aged or infirmed person does not return to the property within the time period described in subsection <br />(A)(5) of this section, then the aged or infirm person’s absence will be deemed an extended absence. <br /> <br />L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and <br />shall continue to meet the above criteria in order to qualify for renewal. <br /> <br />M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a <br />recreational vehicle or the temporary residential use of an existing building when the temporary residence is <br />established within an existing building if the hardship is located within 100 feet of the primary residence or the <br />temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource use under <br />Goals 3, 4, or both. <br /> <br />Based on the available evidence, Blanca Narvaez’s circumstances constitute a medical hardship condition relating <br />to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence <br />apart from their family. The proposed caregiver, Michael Wolf, is Blanca’s son and he attests that he is capable of <br />providing the care that Blanca requires. Michael’s partner Ginney Phillips may also assist in caregiving, and both <br />attest to being first aid and CPR certified. 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 Manufactured Dwelling will be removed or disconnected and