CU26-025 Staff Decision - Laserfiche WebLink

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request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by a hearings officer, must be in writing (the form is available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on August 5th, 2026. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective August 6th, 2026, unless further consideration is requested. 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. The major purpose of this designation and the corresponding Exclusive Farm Use zone is to promote the continuation of commercial agricultural and forestry operations. A temporary manufactured home/RV under hardship conditions may be approved as a conditional use provided the need is justified and the residence will not have a detrimental impact upon the existing or potential farming and timber activity in the area. 2. The property is located on the northeastern side of the intersection of Silverton Rd NE and 60th Ave NE. The property contains a dwelling built in 1929 and four farm related structures. A hardship dwelling approved by CU23-018 is on the property and is the subject of this change-of-occupant application. The property was made in its current configuration through Lot Line Adjustment LLA 93-021 and is therefore considered a legal parcel for land use purposes. 3. Surrounding uses are farm uses in all directions, with all adjacent parcels being zoned EFU. The area is characterized by row crops and timbered parcels. 4. Soil Survey of Marion County Oregon indicates 71.3% of the subject property is composed of high-value farm soils. 5. The manufactured dwelling was originally approved as a medical hardship for John Kerr under CU23-018 and inhabited by John and his wife Judy Kerr. John is survived by Judy. The applicants are requesting to use the existing manufactured dwelling so that they can provide daily care for Judy and a signed Primary Care Provider Certificate has been submitted indicating that she has medical conditions that preclude him maintaining a complete separate and detached dwelling apart from his family. 6. Various agencies were contacted about the proposal and given the opportunity to comment. Marion County Building Inspection commented: “No Building Inspection concerns with change of occupant to existing hardship dwelling” Marion County Septic commented: “Hardship septic inspections will continue to be required” All other commenting agencies stated no objection to the proposal or failed to respond. 7. 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. Those that apply to this case 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; 3. “Application” means both an application to obtain approval to place a hardship permit dwelling on a property and the annual renewal of the hardship permit; 4. “Domicile” means the intention of the aged or infirmed person(s) or caregiver(s) to live on the property or in the hardship permit dwelling as that person’s primary residence;