CU25-010 Staff Decision - Laserfiche WebLink

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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. This shall be a condition of approval. The criterion is met. 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. This shall be a condition of approval. The criterion is met. 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. This hardship is not related to a natural hazard event. The criterion does not apply. 8. Since the property is located in an AR zone, the proposal must also satisfy the conditional use criteria in MCC 17.128.040. Those requirements are: A. The conditional use as described by the applicant will be in harmony with the purpose and intent of the zone. The purpose and intent of the AR zone is to provide for establishment of acreage homesites for the segment of the population who chooses to live in the rural area, and who may not be involved in agricultural or timber uses. Density restrictions imposed by minimum lot sizes in the AR zone ensure the properties are large enough to facilitate wells and septic systems, and maintain the rural character of the area. The subject parcel is within the AR-3 zone, with designates the minimum parcel size at three acres, and the parcel is 3.07-acres. The home on this property was destroyed by fire in 2023 and the property owner has been occupying an RV while preparing to rebuild. The property owner has plans to rebuild the home this year, 2025, at which point they will cease occupation of an RV and only one person will be living on the property in an RV. RV habitation is limited to 120 days out of a calendar year except in certain situations such as a home being unintentionally destroyed, or for an approved conditional use hardship. A conditional use hardship may be permitted in conjunction with a single- family dwelling on an AR zoned property. Therefore, as a condition of approval the applicant shall complete the rebuild of their home. B. The use will not increase traffic beyond the capacity of existing roads. Dumore Rd SE is classified as a local road. The proposed medical hardship is in part due to the occupant’s need to assistance making trips to the doctor and grocery store. The slight increase in trips resulting from one person’s needs will not increase traffic beyond the capacity of existing roads in the area. The criterion is met. C. Adequate fire protection and other rural services are, or will be, available when the use is established. The subject parcel is served by the Aumsville Fire District and the Marion County Sheriff’s Department. The property already contains a well, and the applicant will obtain septic permits to ensure wastewater will be appropriately disposed of on the property. The criterion is met. D. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. The subject parcel is within the Sensitive Ground Water overlay indicating potential issues with the aquifer now or in the future. The additional water use of one person on the property will not significantly affect the aquifer. Permitting for septic will ensure that any temporary connection from the RV will not overload the system. In the situation where connection is not possible, use of the RV holding tank and removal to a permitted wastewater site