CU25-027 Staff Decision - Laserfiche WebLink

Home Browse Search

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. 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. 7. Based on the available evidence, Alan and Vickie's physical circumstances constitute a hardship condition relating to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence apart from their family. The evidence also indicates the proposed manufactured home would be relatively temporary in nature. The requirements that a Manufactured Dwelling Removal or Disconnect Agreement be filed by the applicant ensures that the manufactured home will be removed from the property and no longer used for residential purposes when the hardship ceases. The submitted site plan indicates that the hardship dwelling will remain in the same location as the previous hardship and will require no additional driveway access. The previous siting requirements were the same as the current ones, so the current site is acceptable and complies with all the criteria under this section. For the previous application, the applicants signed a Manufactured Dwelling/RV Removal or Disconnect Agreement (Reel 3905 Page 337). That agreement from the original hardship applies to this new approval to ensure that the manufactured home will be removed from the property and no longer used for residential purposes when this new hardship approval ceases. 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. B. The use will not increase traffic beyond the capacity of existing roads. C. Adequate fire protection and other rural services are, or will be, available when the use is established. 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. F. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites. 9. The purpose of the AR zone is to provide areas of low density rural residences that are limited to one primary dwelling on the property. The proposal is to utilize a manufactured home as a temporary dwelling during a medical hardship situation. Since the proposal is relatively temporary in nature, and does not approve a permanent additional residence, it maintains the intent of the AR zone. The additional dwelling is only anticipated to generate traffic equivalent to one dwelling, and is actually likely to have less of an impact because the hardship residents are more likely to carpool with their caretaker. This will not increase traffic to a level beyond existing capacity. The parcel already is developed with a septic system and well, and emergency services are provided by the Marion County Sherrif’s Department and Jefferson Fire District. The hardship dwelling has not created any adverse impacts on natural systems that have been brought to the attention of the Planning staff. As such, it can be anticipated it will continue to not have significant adverse impacts through the new approval. With all the above sections addressed, the criteria are met. 10. Based on the above findings, it has been determined that the request to amend the approved occupant(s) as listed in CU16-029 meets all applicable criteria and is, therefore, APPROVED, subject to conditions. Brandon Reich Date: July 31st, 2025 Planning Director If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.