Laserfiche WebLink
L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and <br />shall continue to meet the above criteria in order to qualify for renewal. <br /> <br />M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a <br />recreational vehicle or the temporary residential use of an existing building when the temporary residence is <br />established within an existing building if the hardship is located within 100 feet of the primary residence or the <br />temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource use under <br />Goals 3, 4, or both. <br /> <br /> Based on the available evidence, Katherine Draper’s physical circumstances constitute a hardship condition relating <br />to the aged, the infirm, or persons otherwise incapable of maintaining a complete, separate and detached residence <br />apart from family. The evidence also indicates the proposed manufactured dwelling would be relatively temporary <br />in nature. The requirement that a Manufactured Home/RV Removal or Disconnect Agreement be filed by the <br />applicant ensures that the manufactured dwelling will be removed from the property and no longer used for <br />residential purposes when the hardship ceases. <br /> <br /> All the conditions of approval listed above shall be conditions of approval. <br /> <br />Lastly, MCC 17.136.050(B) requires that a declaratory statement meeting the requirements of MCC 17.136.100(C) <br />be filed and this serves to notify the applicant and subsequent owners that there are farm or timber operations in the <br />area. This shall be made a condition of approval. The criteria under this section are met. <br /> <br /> <br />8. The following criteria apply to all conditional uses in the SA zone and are being applied directly from ORS 215: <br /> <br />1) Approval requires review by the governing body or its designate under ORS 215.296. Uses may be <br />approved only where such uses: <br /> <br />a. Will not force a significant change in accepted farm or forest practices on surrounding lands <br />devoted to farm or forest use; and <br />b. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands <br />devoted to farm or forest use. <br />c. For purposes of subsection (a) and (b), a determination of forcing a significant change in accepted <br />farm or forest practices on surrounding lands devoted to farm and forest use or a determination of <br />whether the use will significantly increase the cost of accepted farm or forest practices on <br />surrounding lands devoted to farm or forest use requires: <br />A) Identification and description of the surrounding lands, the farm and forest operations on <br />those lands, and the accepted farm practices on each farm operation and the accepted <br />forest practices on each forest operation; <br />B) An assessment of the individual impacts to each farm and forest practice, and whether the <br />proposed use is likely to have an important influence or effect on any of those practices <br />this assessment applies practice by practice and farm by farm; and <br />C) An assessment of whether all identified impacts of the proposed use when considered <br />together could have a significant impact to any farm or forest operation in the surrounding <br />area in a manner that is likely to have an important influence or effect on that operation. <br />D) For purposes of this subsection, examples of potential impacts for consideration may <br />include but are not limited to traffic, water availability and delivery, introduction of weeds <br />or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding. <br />E) For purposes of subsection (a) and (b), potential impacts to farm and forest practices or <br />the cost of farm and forest practices, impacts relating to the construction or installation of <br />the proposed use shall be deemed part of the use itself for the purpose of conducting a <br />review under subsection (a) and (b). <br />F) In the consideration of potentially mitigating conditions of approval under ORS215.296(2), <br />the governing body may not impose such a condition upon the owner of the affected farm <br />or forest land or on such land itself, nor compel said owner to accept payment to