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1990-10194-Minutes for Meeting April 04,1990 Recorded 4/12/1990- fry . _ 1r~o 1905 90-10194 MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS April 4, 1990 Chair Throop opened the meeting at 10 a.m. Board members in attendance were Dick Maudlin, Tom Throop and Lois Bristow Prante. Also present were Rick Isham, County Legal Counsel; Larry Rice, Public works Director; Karen Swirsky, Planner, ind Ed Pecoraro, Property Address Coordinator. 1. CONSENT AGENDA Consent agenda items before the Board were: #1, approval of LaPine 4th of July Parade Route; #2, authorization for out- of-state travel for Bonnie Cargill to attend risk management seminar; #3, chair signature of OLCC application for Tappers in LaPine; #4, signature of Financial Segregation Agreement for Auzennes and Amerson; #5, chair signature of OLCC application for Katy's Restaurant, #10, approval of out-of- state travel request from Community Corrections. MAUDLIN: I'd like to move item 10 to the consent agenda. PRANTE: Yes. n VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES r-1 PRANTE: Move consent agenda. MAUDLIN: Second. r- rj VOTE: PRANTE: YES X7 THROOP: YES MAUDLIN: YES 3 2. PUBLIC HEARING: APPEAL OF HEARINGS OFFICER'S DENTAL OF WES MILLER'S RBOUBST FOR VARIANCE TO MINIMUM TQT SIZE IN EP -20 ZONE -r ; Before the Board was a public hearing regarding an appeal by Wesley Miller of the Hearings Officer's denial of his request - for a variance to the minimum lot size in an EFU-20 zone with a wildlife area overlay. 4 Karen Swirsky gave the staff report. She said the applicant , Wesley Miller, originally applied for a variance to the s:inimum lot size. His lot was in an EFU-20 zone with wildlife overlay zoning which required a 40-acre minimum. PAGE 1 MINUTES: 4/4/90 a i 100 1906 His original lot was 73.26 acres which he wanted to partition into two lots (one of about 32-34 acres and one new lot of about 40 acres). His desire was to continue farming both parcels. The land had been in his family for several generations, and the applicant and his sister each wanted to have a house on the land. The applicant had agreed to restrict the amount of cleared land to 15-20 acres which would be 1/3 to 1/2 of the new lot. Outside of the fields, the house, and out buildings, he would leave the remainder of the property as is or enhance it by planting trees. He had 10 acres of irrigation rights on each parcel. She said the staff recommended approval, but the application was sent to the hearings officer due to an objection from Fish and Wildlife whose position was that the 40-acre minimum lot size standard had to be met. The Hearings Office denied the application based on the Fish and Wildlife Department position, and suggested that the applicant pursue getting a conditional use for a small parcel as the comprehensive plan allowed. She said that since the Hearings Officer's decision, the applicant had met with the Department of Fish and Wildlife, however the Department of Fish and Wildlife had been unwilling to change its position. Chair Throop opened the public hearing and asked for testimony in favor of the application and overturning the Hearings Officer's decision. Wes Biller, 18880 Kuhlman Rd., Bend, testified that he was just 6-3/4 acres short of having the required two 40-acre parcels. He said he was willing to set land aside for wildlife. He said if his property was left as a single lot, there was no guarantee that the whole area would not be cleared and farmed. He said he took some measurements on his property and that it was 270' from the existing house to the existing barn. The Hearings Officer had recommended that the new house be within 100' of the existing house which would put it either in the pasture or in the driveway. He proposed building the new house 280' from the existing barn and approximately 500' from house to house. From the new house to the western fence line, which would be left in vegetation, was approximately 5401. He said he would put in a new access road off the north edge of the property. He asked if the staff report was considered an exhibit of record for the hearing. Commissioner Prante said it was. Mr. Miller then reported that it was not listed as part of the record on the Hearings officer's decision. He felt that the entire Hearings officer's report was sloppily written. Dan Kearns, 63950 Tyler Rd. Bend, said he owned the property directly east of the property in question. He said he purchased the property from Wes Killer's dad when Tyler Road was built which created a new tax lot. At that time, he PAGE 2 MINUTES: 4/4/90 'it ok t ~t IOU - 1907 discussed splitting the parcel with Joe Miller who said he wasn't ready to do it at that time but would at a later date. He said he and his wife were in favor of the application and so were most of the people in the area with whom he had spoken. He said the Millers shouldn't be penalized because Tyler Road cut their property in half. Gene Moyer, 63945 Tyler Rd., Bend, said he owned the property directly west of concerned property. He said he was in support of the division of the property. He did not feel that it would affect the deer in the area. John Cronin, 18696 Kuhlman, Bend, said he was a property owner near Wes Miller. He questioned whether the standard applied by the Department of Fish and Wildlife to an individual was different than was applied to a corporation. He said when he attended a strip mining meeting, no Fish and Wildlife representative even attended, but that now they were trying to prevent an individual from building a home on his own property. Commissioner Throop said that the state Fish and Wildlife Department was involved in all of the surface mining zoning discussions involving a wildlife combining zone or a winter deer range, through testimony at the hearings, or through written or verbal contact with County staff. Mr. Cronin said he felt the monied interests seemed to get a better hearing than an individual. Commissioner Prante said that was not the case and that Fish and Wildlife didn't have anything personal to gain. No one wished to testify in opposition to the application for variance. Wes miller testified again. He said he would be willing to leave 50-66% of the new parcel in cover. He pointed out that in the maps he had provided, the buildings were larger in scale than the rest of the map. He said dividing the property would not limit the use of livestock since he grazed livestock over the whole property already. He said that one of the stipulations under EFU-20 zoning was that the home be situation on unsuitable land for farming which was one of the reasons he chose the spot that he did which was in a rocky area. Commissioner Prante said she felt there were two factors that needed to be considered: that the parcel was short of the necessary 80 acres due to Tyler Road crossing the property, and that the owner's willingness to leave the property wooded did more to enhance the wildlife in the area than leaving it in one parcel which could be entirely cleared. Chair Throop closed the public hearing. PAGE 3 MINUTES: 4/4/90 a7 tY J ~JU 1900 Commissioner Maudlin said he could remember several circumstances where the Board had allowed a smaller than normal lot size when the property had been cut by division such as the canal. He said if the County did not allow the variance, they would be taking property from owners without justification. MAUDLIN: I think that we should overturn the decision of the hearings officer and allow this change. PRANTE: Second. Commissioner Prante declared that she lived in the area but still felt that she could make an objective opinion. Commissioner Throop said he supported the motion. He said he felt strongly about maintaining parcel sizes throughout the county, especially in winter deer range/wildlife combining zones. However, he felt there were extenuating circumstances in this case. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 3. RESOLUTION 90-023 ACCEPTING PETITION TO VACATE TWO 30 FOOT EASEMENTS AND ORDER 90-035 SETTING A PUBLIC HEARING Before the Board was signature of Resolution 90-023 accepting a petition submitted by Gene Moyer to vacate two 30-foot easements on Tax Lot 200 located in Section 10 of Township 17 South, Range 11 East Willamette Meridian; and signature of Order 90-035 accepting the Engineer's report and setting a public hearing for May 16, 1990. PRANTE: I would move signature of Resolution 90-023 and Order 90-035 and acceptance of the Engineer's report. MAUDLIN: Second. I VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 1 - 4. ROAD NAME CHANGES IN ODIN CREST SUBDIVISION Before the Board was signature of the following orders involving road name changes: Order 90-045 changing Reason Court to Oak Lane; Order 90-046 changing Reason Road to Oak Avenue; Order 90-047 changing Calaroga Road to 98th Lane; PAGE 4 MINUTES: 4/4/90 r' 0u - '1909 Order 90-048 changing Cashmur Court to Poplar Court; Order 90- 049 changing Arata Road to Quince Avenue; Order 90-050 changing Biellem Road to 105th Court; Order 90-051 changing Downhill Road to 101st Lane; and Order 90-052 changing Reimer Road to 101st Street and Spruce Avenue. Ed Pecoraro said that these changes were requested by the Redmond Fire District. The affected property owners were notified by mail of the proposed change, and there were no appeals. MAUDLIN: I would move the road names as outlined under Item 8 on the agenda and any correction if any were written improperly. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 5. RATIFICATION OF SIGNATURE OF ORDER 90-044 FINAL ORDER CREATING LAPINE PARK AND RECREATION DISTRICT Before the Board was ratification of the Board's signature of Order 90-044 creating the LaPine Park and Recreation District. The Board signed the order on March 28, 1990, so that it could be mailed to the Department of Revenue before March 31, 1990, which would allow the District to submit a taxing levy to the vocers should they desire to do so. Signature after March 31, 1990, would not have allowed a vote for another year. MAUDLIN: Move ratification. PRANTE: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 6. WEEKLY WARRANT VOUCHERS Before the Board was approval of the weekly bills in the amount of $129,910.91. PRANTE: Move approval upon review. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES PAGE 5 MINUTES: 4/4/90 U« - 19 10 7. 9. RESOLUTION 90-027 PROCLAIMING APRIL AS CHILD ABUSE PREVENTION MONTH Before the Board was signature of Resolution 90-027 proclaiming April as child abuse prevention month. PRANTE: Move approval. MAUDLIN: Second. VOTE: PPUNNTE : YES THROOP: YES MAUDLIN: YES USE OF PUBLIC WORKS EQUIPMENT TO REMOVE ILLEGAL FILL ON DESCHUTES RIVER Before the Board was approval for the County Public Works Department to restore the original channel to the upper Deschutes River area where an illegal fill changed the course of the river. Commission Throop said that the Division of State Land had $3,000 available to help abate the problem. The irrigation districts would be releasing water on Sunday, April 8 so the work needed to be done before then. The consensus of the agencies involved was to request that the County Public Works Department take care of the problem. The Division of State Lands would pay the hourly costs for the equipment and staff. Representatives from the Department of Fish and Wildlife would be at the site working with the County Public Works Director. Larry Rice said Public works would contract the equipment for $175 since their equipment was too heavy to use at this site. He said the fill was going back into the hole from which it came. PRANTE: I move authorization to public works to see to whatever licensing and approval, and remove the newly constructed dam across the Deschutes. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES ADOPTION OF BOARD GOALS Before the Board was adoption of goals for the Deschutes County Board of Commissioners. Commissioner Throop said that the first six were the same as the County-wide goals and the remainder were Board goals. He suggested adding a 10th goal that the Board supported the adoption of an investment policy and the formation of an investment council. PAGE 6 MINUTES: 4/4/90 fo 1911 PRANTE: I would move adoption or the county-wide goals including the additional #10. MAUDLIN: Second. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES 10. ORDER 90-033 PROVIDING FOR SALE OF TAX FORECLOSED PROPERTIES TO ROBERT COMSTOCK AND BARGAIN AND SALE DEEDS FOR SAID PROPERTIES Before the Board was signature of Order 90-033 providing for the redemption of five tax foreclosed properties to Robert Comstock. Mr. Comstock had paid $25,986.97 in past due taxes, penalties, deed costs, recording fees and administrative fees. Rick Isham said Mr. Comstock had signed the Confession of Judgement with DEQ. Rick said he would turn over the property deeds to Mr. Comstock as soon as he received the additional $3,468.29 from him. MAUDLIN: I would move that we sign the orders transferring the property back upon full payment to the County. PRANTE: I would second that motion. VOTE: PRANTE: YES THROOP: YES MAUDLIN: YES DESCHUTES COUNTY BOARD OF COMMISSIONERS Lois Br tow Prante, Commissioner Throopo, Chair Dick Maudlin, Commissioner BOCC:alb PAGE 7 MINUTES: 4/4/90