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CU25-010 Staff Decision
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CU25-010 Staff Decision
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Last modified
3/3/2025 2:02:35 PM
Creation date
3/3/2025 3:17:42 PM
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Land Use
Case_Number
25-010
Document_Date
3/3/2025
Land Use Type
Conditional Use
Tax_Lot_Number
082W13B000400
Document_Type
Decision
Site_Address
5028 DUMORE DR SE
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Marion County Septic commented: An authorization for a hardship connection will be required. Drainfield must <br />be located and staked out on ground, tank must be pumped and inspected, provide pumping document and create <br />a map showing proposed connection to septic system as well as current connection. <br /> <br /> All other commenting agencies either did not respond or stated no objection to the proposal. <br /> <br />7. In order to approve a recreational vehicle for use as a medical hardship dwelling the applicant must demonstrate <br />compliance with the specific criteria listed in MCC 17.120.040. These include: <br /> <br />A. This subsection contains definitions for the section and is not applicable as a criterion. <br /> <br />B. This subsection contains various requirements for application submission, including “a signed statement from <br />a licensed medical professional indicating whether the aged or infirm person has a hardship as defined in <br />subsection (A) of this section. The statement shall also attest whether the licensed medical professional is <br />convinced the person(s) with the hardship must be provided the care so frequently or in such a manner that <br />the caregiver(s) must reside on the same premises” and “identify whether the aged or infirm person(s) and/or <br />caregiver(s) will be residing in the hardship permit dwelling.” <br /> <br /> The applicant has submitted a signed Primary Care Provider Certificate for John Hohnstein indicating he has <br />medical conditions that preclude him from maintaining a separate and detached dwelling apart from his family. <br />Susan Maloch is a friend who asserts they are capable of assisting John with trips to the doctor and physical care. <br />John will reside in the hardship dwelling which is a recreational vehicle. The criterion is met. <br /> <br />C. In the EFU, SA, FT and TC zones, occupancy of a hardship permit dwelling is limited to the term of the <br />hardship suffered by the existing resident or a relative as defined in ORS 215.283(2)(L). <br /> <br />The application is in an AR zone, the criterion does not apply. <br /> <br />D. When the aged or infirm person must be provided care so frequently or in such a manner that caregiver(s) <br />must reside on the same premises, the aged or infirm person and/or those caregivers providing care for the <br />aged or infirm person may temporarily reside in the hardship permit dwelling for the term necessary to <br />provide care. <br /> <br /> 1. Those providing the care must show that they will be available and have the skills to provide the <br /> care required, as described by the licensed medical professional. <br /> 2. Caregivers may reside within a hardship permit dwelling during periods of absence and <br /> medically necessary absence. <br /> 3. Caregivers shall not have any financial or expense obligation increased for residing in the <br /> hardship dwelling during periods of absence and medically necessary absence. <br /> <br />The applicant has attested in submission of this application that she (Susan Maloch) possesses the necessary skills <br />to provide the requisite care. The applicant understands the rest of these requirements. The criterion is met. <br /> <br />E. A temporary absence or medically necessary absence from the property by the aged or infirm person(s) will <br />not result in the revocation or denial of a hardship permit. <br /> <br />1. When a medically necessary absence results in the aged or infirm person(s) living off of the <br />property for more than 165 days in one calendar year or 165 consecutive days they must provide <br />notice of the medically necessary absence to prevent the absence from being considered an <br />extended absence. <br />2. Notice of a medically necessary absence that will result in the aged or infirm person(s) living off <br />of the property for more than 165 days in one calendar year or 165 consecutive days must be <br />provided within 14 days of learning that the absence from the property will result in the aged or <br />infirm person having to live away from the property for more than 165 days in one calendar year <br />or 165 consecutive days. <br />3. Notice of a medically necessary absence must:
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