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1986-16860-Minutes for Meeting August 20,1986 Recorded 8/27/19864 CMccv VOL 73 PAGE 79 DESCHUPUBLICTES HEARINGTONBTHEDTOUMALO MAALLCOMMISSIONERS FLEA MARKET APPEAL� AUGUST 20, 1986 2I' Chair Prante called the meeting to order at,.,Iti � m. Commissioners Maudlin and Tuttle were in attendancA11\� ` Isham, Legal Counsel, was also present. Chair Prante asked if there were any challenges to the board or to any member of the board to hear this appeal. Hearing none, she asked for the staff report. Mark shipman stated that this matter is an appeal of CU -86-18 to allow an alteration of a non -conforming use which is the Tumalo Flea Market in an RSRM rural service residential medium density zone. The applicants applied for this conditional use. The staff recommended approval with some conditions. On June 10 the Deschutes County Hearings Officer held a public hearing and on June 13 he approved the conditional use permit with conditions. On June 30 an appeal was submitted by the Tumalo Community Action Committee. The staff has reveiwed this document. The staff recommends that if the board upholds the hearings officer's decision that the applicants be subject to certain conditions. The conditions are as follows: 1. Hours of operation on Thursday night auctions will be restricted to 9:00 p.m. if held outdoors, and 10:30 p.m. if held indoors. 2. The applicants are required to submit and receive approval of a landscape plan. 3. The applicants are required to receive site plan approval before commencement of operation. 4. The applicants shall be required to submit a paving plan for the parking area or require a variance to the paving standard. 5. The conditional use permit shall expire one year from the date of the site plan approval unless the use has occured. 6. The hours of operation on Sunday will be restricted to 10:00 a.m. to 6:00 p.m. 7. The hours of operation shall be restricted on the Saturday night auction to 9:00 p.m. if held outdoors, and 10:30 p.m. if held indoors. 8. The applicants shall obtain an occupancy permit from the Deschutes County building safety division prior to the occupancy to the existing building. PUBLIC HEARING MINUTES TUMALO FLEA MARKET 8-20-86 PAGE 1 VOL 73 PAGE 8C Chair Prante asked for comments from those wishing to speak in favor of the proposed use. Mac Jones, Rt 2 Box 2411, Parma, ID 83660, stated that he is looking for a small business to operate and operate cleanly. He wishes to be an improvement to the area and plans on landscaping and putting down gravel and oil on the parking lot. He also stated that he intends to finish and fix up the building. He stated that he wants to hold machinery auctions a couple of times a year, but that the equipment will not be allowed to sit on the property for more than a couple of days after the auction. He doesn't want to come in to cause a hardship on the people in the area. He stated that he and his partner are ordinary, respectable people and legitimate businessmen. He stated that he would be holding consignment auctions containing mostly house- hold items. Kuhlman Miller, 1880 Kuhlman Rd., Bend, stated that he is one of the owners of the building. He stated that the flea market can't pay the taxes on it. He further stated that the county has the building assessed at approximately $115,000.00 and he that has not been able to sell it at $60,000.00. Mr. Miller also stated that the building is useless if it cannot be used. He wants the county to let him put something in it, rezone it, or drop the taxes so that something can be done. Chair Prante asked for any further comments from those in favor. Hearing none, she asked for comments from those in opposition. Paul Speck, 1101 NW Bond, Bend, stated that he represents the appellants. He also stated that he will address the general issues and the individual property owners will state their specific feelings. He wanted three items entered into the record: the old site plan file, the current file, and the appeal file. He also wants the zoning ordinance PL -15 entered. (This was done. He submitted six items that were also entered into the record.) Mr. Speck stated that this matter has been a problem from the beginning. He believes that there is no valid non- conforming use for a flea market and that, at the most, there is a valid non -conforming use for a structure inside which may exist certain commercial uses. He further stated that the state statute and the county ordinance on non -conforming uses differ. Mr. Speck also stated that the permits issued from the beginning for this building have been in question and have not been uniformly enforced. He stated that his clients' main concerns have to do with the possible lowering of property values and the adverse effects on the neighborhood. He further stated that the neighbors would like to see the building brought up to code and have activities occur inside the building and not outside. Carol Jackson, 19894 8th St., stated that her property faces the PUBLIC HEARING MINUTES TUMALO FLEA MARKET 8-20-86 PAGE 2 • VOL 73 FACE flea market thus she will be directly effected by all activities. She stated that she has talked with real estate people and has been told that her property will decrease in value. She stated that she is concerned for the children in the neighborhood. Ms. Jackson stated that she is concerned with outdoor activities more so than indoor. Bob Robertson, 19944 Birch Lane, stated that area residents are trying to upgrade the place. They are worried about aesthetics, nuisance problems and property values. They are also concerned with more traffic using a limited access to the building and the insuing safety factors. He stated that they are further concerned with noise and dust problems from the increased use of the building. Mr. Robertson stated that his primary concern is with outside activity. Harvey Ritchie, 19882 8th St, stated that the value of his property has already dropped because of this building. He also stated that traffic for this building goes across his driveway. He is concerned about the traffic problems that already exist and further problems from more use. He stated that he has been opposed to this building from the beginning. Dick Hines, 19939 Fir Lane, stated that he lives in the development near the building and uses 8th Street to access his property. He believes that the quiet, peaceful aspect of his area will change if auctions are allowed to be held at the building. He stated that he is worried about traffic problems because of the limited access on 8th Street. He further stated that business at the flea market has been decreasing. Tom Throop, 18001 Couch Market Rd., stated that he lives in the area, although not as close as the others that have spoken. He also stated that he has talked with people in the area. He belives that an outdoor auction and expanded hours would have a far more adverse impact on the area than there is now. He further believes that the expanded use as proposed would be intolerable for the neighborhood, and that the Board should look to other options to try to help the current owners, the applicants and the neighbors to find a use that would be compatible. Chair Prante asked for any further comments from those speaking in oppostion. There were none. Commissioner Maudlin asked Ms. Jackson and Mr. Robertson if they had gotten any information from realtors regarding lower property values. Ms. Jackson stated that the information she received was verbal. Mr. Robertson stated that his property taxes have gone up and had realtors examine his property and they confirmed that the assessed valuation was higher then what it should have been. He stated that one of the realtors told him that property values PUBLIC HEARING MINUTES TUMALO FLEA MARKET 8-20-86 PAGE 3 VOL 73 FACE % in the area were definitely affected by a mine and the building in question. Chair Prante adjourned the hearing. DESCHUTES COUNTY BOAR F COMMISSIONERS I 't�'4 GL�?i L I BRISTOW PRANTE, Chair LAURENCE A. TUTTLE, Commissioner D K MAUDLIN, Commissioner BOCC:prt 86-102 PUBLIC HEARING MINUTES TUMALO FLEA MARKET 8-20-86 PAGE 4