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Decision (61)
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Decision (61)
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Last modified
10/3/2013 8:43:12 AM
Creation date
1/23/2018 3:43:06 AM
Metadata
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Template:
Land Use
Case_Number
09-044
Document_Date
9/22/2009
Land Use Type
Conditional Use
Tax_Lot_Number
083W34C 00200
Document_Type
Decision
Site_Address
555 MISTY LN SE
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(1) The dwelling; or <br /> <br />(2) Other buildings normally associated with uses permitted in the <br />zone in which the property is located. <br /> <br />(c) It shall not unreasonably interfere with other uses permitted in the zone in <br />which the property is located. <br /> <br />(d) A home occupation shall not be authorized in structures accessory to <br />resource use on high-value farmland. <br /> <br />(e) A sign shall meet the standards in 191.060(A) for home occupations and <br />191.060(F) for bed and breakfast inns. <br /> <br /> (f) The dwelling or other buildings shall not be used for assembly or dispatch <br />of employees to other locations. <br /> <br />(g) Retail and wholesale sales that do not involve customers coming to the <br />property, such as internet, telephone or mail order offsite sales, and <br />incidental sales related to the home occupation services being provided are <br />allowed. No other sales are permitted as, or in conjunction with, a home <br />occupation. <br /> <br />9. The property owners state that the business is a day care for adults. The intent of the <br />business is to provide a service to caregivers by offering temporary residential care for <br />seniors and adults with disabilities while their caregivers are on vacation or taking time <br />off from care giving responsibilities. The service includes snacks, lunch, activities, and <br />RN level medical care. The participants could stay short term or remain at the site for a <br />period of up to 10 days. The applicants anticipate the number of participants at four but <br />could expand to a maximum of ten at some time in the future. Information provided by <br />the applicants indicates that Nancy Walton will participate in the operation of the <br />business and is a resident of the dwelling on the property. The number of proposed <br />employees working at the site includes one or two full time and two part time staff for a <br />total of four. The applicants contacted the Oregon Department of Human Resources, and <br />the agency indicated that a State license is not required for this type of business. Staff <br />received information from ODHR that explained the appropriate rule and the agency’s <br />policy. With conditions of approval, the proposal can satisfy 8(a). <br /> <br />The Department of Human Resources provided the following statement: <br />“The State of Oregon does not license adult day service programs. The State does require <br />a contract and certification for programs which will receive Medicaid funds for providing <br />this service for Medicaid service eligible recipients.” <br /> <br />It should be noted that Residential Home or Adult Foster Home is listed as a conditional <br />use in the EFU zone. However, definition of the use in Section 110.477 (MCRZO) states <br />that a Residential Home must be licensed by the Department of Human Resources. The <br /> <br />
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