1985-28175-Minutes for Meeting November 12,1985 Recorded 12/12/198585-281'75
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12 P
141ARY S
DESCHUTES COUNTY BOARD OF COMMISSIONERS NIrRj{b�.., �
NOVEMBER 12, 1985 PUBLIC HEARING -REGARDING AP 85-5 'U�rC McyFo
AN APPEAL TO THE HEARINGS OFFICERS DECISION ON SE 85-6,
SETBACK EXCEPTION FROM SPRING LAKE
J
Chairman Tuttle called the Public Hearing to order at 11:00
a.m. for the purpose of considering an appeal to the Hearings
Officer's decision of a setback exception for Rollo Millette.
Commissioners Prante and Maudlin were in attendance; Rick Isham,
Legal Counsel, was also present.
Chairman Tuttle recapped the Hearing to this point, stating that
this meeting is a continuance from 9:00 a.m. this morning. He
added that Craig Smith, Planning Director, presented the staff
report; Myer Avedovech presented the appeallant's case; a brief
recap followed by Mr. Smith, then the Board visited the site and
asked questions regarding the building location. Chairman Tuttle
stated that there were no further deliberations. Commissioner
Prante concurred with Chairman Tuttle, stating that the Board
observed the property and asked questions; however, did not
deliberate. Commissioner Maudlin stated that the site was staked
in two different ways; the original proposed location and then
one that was moved back to the east five feet - directly away
from the spring. Commissioner Maudlin stated that the Board
walked the site and asked questions.
Chairman Tuttle stated that this would be an opportunity for
anyone to ask questions.
Mu Ryeom, P.O. Box 806, Bend, asked if any access to the River or
any of that area is all enclosed by private property?
Mr. Avedovech noted that the subdivision provides within its
common area, no public access to the lake.
Commissioner Maudlin questioned the change in location of the
house, stating that his concern is the smaller, more fragile
stream that is almost directly in front of the proposed dwelling,
and asked if the Millettes would be opposed to moving the
location of the house back towards the road and away from that
southern -most spring.
Mr. Avedovech noted that the spring that Commissioner Maudlin
spoke about does not necessarily fit the most sensitive cri-
teria. He added that the Millettes are not opposed to doing
slight modifications.
Commissioner Maudlin reiterated that he is not opposed to
building the home in the location mapped out; however, he would
like to recommend cooperation between the Millettes and the
Planning staff.
Mr. Avedovech pointed out that his clients picked up the staff's
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conditions at 10:40 a.m. this morning and although it is not
phycially impossible to meet the building requirements, they
are not builders and cannot, therefore, guarantee that all
building requirements can be met, i.e., physical building debth
of 8 to 12 inches.
Chairman Tuttle stated that the Board of Commissioners is the
Hearings Body and can hear modifications of conditions if the
situation arises.
Harry Hayward, 17038 Cooper Drive, Bend, requested clarification
of item number 4 on the staff's conditions regarding 8 to 12
inches - he does not believe it meets the building code.
Mr. Smith stated that the
of residence constructed.
Chairman Tuttle requested
closed the Hearing.
de)0th requirements vary with the type
further comments; hearing none, he
MOTION: TUTTLE entertained a motion to reverse
the Hearings Officer's decision on
denying the appeal of the setback
exception SE 85-6 establishing condi-
tions as noted and findings will be
developed and mailed with the decisions.
MAUDLIN: So move.
PRANTE: Second.
VOTE: UNANIMOUS APPROVAL.
DEkl(UTES COUNTY BOARD OF COMMISSIONERS
L;AUR A. TU TLE, CHAIRMAN
IS BRISTOW PRANTE, COMMISSIONER
MAUDLIN, COMMISSIONER
BOCC:kbw
85-102