1987-09846-Minutes for Meeting May 13,1987 Recorded 5/18/1987VOL c7 ~~GE t 7
87 9846
MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MEO May 13 , 1987
KEYPUN~
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Chair Prante called the meeting to order at 10 a.m. Board of
commissioners in attendance were Lois Bristow Prante, Tom Throop, and
Dick Maudlin. Also present was Richard Isham, County Legal Counsel.
1. AMENDMENTS TO THE AGENDA
There were no amendments to the agenda.
2. PRESENTATION OF LONGEVITY PINS
The Board of Commissioners presented Richard Myers, Ron Maples,
and Dick Steele of Public Works Department with their longevity
pins.
3. PUBLIC HEARING AP-87-4
This was a public hearing on an appeal of the Deschutes County
Hearings Officer's decision in regard to Planning Division file
number V-87-2, a request for a variance to the minimum distance
allowed between service stations.
Paul Blikstad, Assistant Planner with the Planning Division,
presented the staff report, giving a description of the previous
hearing and the outcome of that hearing.
Martin Hanson, attorney for the appellant, presented his argument
in favor for allowing the variance. He felt that the hearings
officer had erred in applying criteria, because the definition
contained in the Deschutes County Zoning ordinance for "service
station" included a gas station which also offered mechanical-
type services. The subject use was to be only a gas station with
a convenience store. He projected that the convenience store
sales and gas sales would be comparable, each bringing in
approximately 50 percent of the revenues. Mr. Hanson also stated
that the hearings officer had based his decision on the criterion
of need for the particular use in the community. Mr. Hanson did
not feel it was up to the County to dictate whether a service was
needed or not; that was a decision which needed to be made by
stockholders.
PAGE -1- BOARD MINUTES: 5/13/87
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Bob Lovlien, attorney for Mike Kennedy, operator of the Truax
Towne Pump in the Bend River Mall, made the argument that a
station which only sold gas was still a service station. He did
not feel that the intent of the ordinance was to classify only
stations which offered mechanical-related services as "service
stations". In addition, Mr. Lovlien stated that the proposal did
not meet the criterion for "uniqueness" which must be proven for
a land use variance. He felt that there were other parcels in
the immediate vicinity which had the same type of situation and
could not be used for a service station.
Mike Fasset, 1144 N.E. Third Street, Bend, Oregon, operator of
the Red Carpet Carwash, presented some figures in terms of
revenue. He stated that, according to his estimates, 85 percent
of revenues were in gas sales, and only 15 percent in food and
other items from the convenience store.
Jim Trauber, 841 N.E. First Street, Bend, Oregon, operator of the
Riverwoods Market and Tumalo Store, also presented some figures.
His business consists of about 60 percent in revenues from gas
sales, and 40 percent in food and related items from the
convenience store.
Norma Hardon, 20385 Norwood, Bend, Oregon, pointed out that there
was a Central Oregon Irrigation District canal at the base of the
property, and was concerned that no materials from the gas
station got into the ditch because that was their only source of
water. Planning staff clarified that the subject property was
across the street from this ditch.
In rebuttal to opposition, Martin Hanson once again pointed out
that the ordinance contained the words "service station" instead
of "gas station" specifically to address problems caused by
shutdown of service stations (possibly leftover cars, junk, etc.)
as compared to shutdown of a gas station, where the impact would
be much less.
Being no further public testimony, Chair Prante closed the
hearing, to be reconvened at 12 p.m. on this same date for a site
visit. The decision will be announced at the next Board work
session, which will be Tuesday, May 19, 1987, at 10 a.m.
4. PROCEDURES ORDINANCE AMENDMENT
MOTION: Commissioner Maudlin moved for a first and second
reading by title only of Ordinance No. 87-008, an amendment to
the Deschutes County Land Use Procedures Ordinance. Commissioner
Throop seconded.
VOTE: MAUDLIN: Yes
THROOP: Yes
PRANTE: Yes
PAGE -2- BOARD MINUTES: 5/13/87
VOL $c?'.. PAGE 989
MOTION: Commissioner Maudlin moved for adoption of Ordinance No.
87-008. Commissioner Throop seconded.
VOTE: MAUDLIN: Yes
THROOP: Yes
PRANTE: Yes
5.
ORDINANCE 87-014. DESCHUTES COUNTY CODE
MOTION: Commissioner Throop moved for first and second reading
of Ordinance No. 87-014, which was an ordinance adopting
Deschutes County Code. Commissioner Maudlin seconded.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
MOTION: Commissioner Throop moved for adoption of Ordinance No.
87-014. Commissioner Maudlin seconded.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
6.
ACCEPTANCE OF HIGHWAY EASEMENT
MOTION: Commissioner Maudlin moved for acceptance of the highway
easement deed from the Federal Highway Administration.
Commissioner Throop seconded.
VOTE: MAUDLIN: Yes
THROOP: Yes
PRANTE: Yes
7.
LAPINE SPECIAL SEWER DISTRICT EASEMENT
This item was postponed due to the need for revision of the
easement document.
8.
PUBLIC WORKS' REQUEST FOR ASPHALTIC CONCRETE.OVERLAY
MOTION: Commissioner Throop moved for approval to authorize
Public Works Department to advertise for asphaltic concrete
overlay for a portion of S.E. 27th Street. Commissioner Maudlin
seconded.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
PAGE -3- BOARD MINUTES: 5/13/87
VOL ~ ,,PAGE Won
MOTION: Commissioner Throop moved for approval to authorize
Public Works Department to advertise for asphaltic concrete
overlay for a portion of South Century Drive. Commissioner
Maudlin seconded.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
9. PUBLIC WORKS' REQUEST TO PURCHASE RIGHT-OF-WAY
MOTION: Commissioner Throop moved for approval to authorize
Public Works Department to purchase right-of-way on Parrell Road.
Commissioner Maudlin seconded.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
10. APPOINTMENT TO LIBRARY BOARD
MOTION: Commissioner Maudlin made a motion to appoint Adeline
Romoser to the Library Board of Trustees. Commissioner Throop
seconded.
VOTE: MAUDLIN: Yes
THROOP: Yes
PRANTE: Yes
11. LIQUOR LICENSE FOR EAGLE CREST
MOTION: Commissioner Throop moved for approval to authorize
chair signature of a liquor license for Eagle Crest Resort in
Redmond, Oregon. Commissioner Maudlin seconded.
VOTE: THROOP: Yes
MAUDLIN: Yes
PRANTE: Yes
12. WEEKLY WARRANT VOUCHERS
MOTION: Commissioner Maudlin moved for approval of the weekly
warrant vouchers subject to review. Commissioner Throop
seconded.
VOTE: MAUDLIN: Yes
THROOP: Yes
PRANTE: Yes
PAGE -4- BOARD MINUTES: 5/13/87
DESC TES COUNTY BOARD OF COMMISSIONERS
Lo s Br~ztow Prante, Chair
Ell ~
Tom T op, Comm ssioner
S ~
Dick Maudlin, Commissioner
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PAGE -5- BOARD MINUTES: 5/13/87
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