CUFP26-021 Staff Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Primary Agriculture in the Marion County Comprehensive Plan and correspondingly zoned Exclusive Farm Use (EFU). The purpose of the EFU zone is to provide areas for continued practice of commercial agriculture. It is also located within the identified 100-year floodplain of the Santiam River, Marion County Firm Panel 41047C0703G. 2. The subject property is located at east of Bishop Rd SE, approximately 500 feet south of where Bishop Rd SE intersects with Mill Creek Rd SE. The parcel is almost entirely bordered by Mill Creek and the entire property is located in the 100-year floodplain. The property contains a 2021 built home and relatively flat in nature. The dwelling was approved by land use case CU/FP20-033, in which a non-farm dwelling was approved for the property. Therefore, the subject parcel is considered legal for land use purposes. In this land use case, a BFE was established of 376.6. We will use this BFE for the new medical hardship dwelling. 3. Surrounding lands to the north and west and south are zoned EFU and are large scale farm operations and some acreage homesites. 4. Soil % of Parcel SCS Soil Class High Value? Clackamas gravelly loam 30.2% III Yes Courtney gravelly silty clay loam, 33.2% IV Yes 0 to 3 percent slopes Sifton gravelly loam 36.6% III Yes 5. The applicant(s) propose to place a manufactured dwelling within the 100-year floodplain of Mill Creek for a temporary medical hardship dwelling. 6. A signed Primary Care Provider Certificate has been submitted for Kenneth Ramsay indicating they have medical conditions that preclude them from maintaining a complete separate and detached dwelling apart from their family. 7. Various government agencies were contacted with opportunities to provide comment. Marion County Building Division commented: “Permit(s) are required to be obtained prior to the installation of utilities and/or placement of a manufactured home on private property. If the proposed home site is determined by the Floodplain Administrator to be within the floodplain or floodway, then additional construction methods or materials in accordance with the 2010 Oregon Manufactured Dwelling Installation Specialty Code (OMDISC) may be required in order to obtain final approval and occupancy of the home. Please identify on the floorplan or other separate plan sheet the methods and/or materials with dimensions, of how the floodplain provisions of the 2010 OMDISC or 2023 ORSC will be met.” Marion County Septic commented: “Specific Condition of Approval: The proposed hardship will need to apply and be approved for a Septic Authorization for connecting the hardship home to the existing septic system.” Oregon Department of State Lands commented that removal-fill permits may be required for projects that add, move, or remove material to wetlands, steams, and other waters. All other contacted agencies failed to comment or stated no objection to the proposal. 8. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in MCC 17.120.040. These include: Use of a temporary mobile home, recreational vehicle, or existing building for the care of someone with a hardship may be approved as a conditional use subject to meeting the following criteria: A. For the purposes of this section: 1. “Absence” means that the person(s) for whom the hardship dwelling permit was granted has lived away from the hardship dwelling for less than 165 days per calendar year or less than 165 consecutive days; 2. “Aged or infirm person” means the person(s) suffering from a medical hardship or hardship due to age or infirmity that requires care to be provided;