CU26-018 Staff Decision - Laserfiche WebLink

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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. 8. Based on the available evidence, Anita Paniagua Guevara'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 requirement that a Manufactured Dwelling/RV Removal or Disconnect Agreement be filed by the applicant ensures that the manufactured home will be removed from the property removed or disconnected and no longer used for residential purposes when the hardship ceases. The submitted site plan indicates that the hardship dwelling will remain in the same location as the previous hardship and will require no additional driveway access. 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 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 proposal satisfies the criteria in 7(f). The requirements in 8(e) and (g) can be made conditions of approval. 9. Since the property is located in an EFU zone, the proposal must also satisfy the conditional use criteria. Those requirements are being applied directly from OAR 660-033-0130: 1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non -farm or non- forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. For purposes of this section, a determination of forcing a significant change in accepted farm or forest practices on surrounding lands devoted to farm and forest use or a determination of whether the use will significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use requires: a. Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation; b. An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is likely to have an important influence or effect on any of those practices. This assessment applies practice by practice and farm by farm; and