Loading...
1993-02277-Minutes for Meeting December 07,1992 Recorded 1/6/1993K 93-022'7'7 0120-0491 WORK SESSION MINUTES DESCHUTES COUNTY BOARD OF COMMISSIONERS December 7, 1992 93 j - 5 r r 2• Chairman Maudlin called the meeting to order at 10 a.m:, ?Boaa�d. members in attendance were Dick Maudlin, Tom Throop and N;;i- dope Schlangen. Also present were: Rick Isham, County Counsel; Bruce White, Assistant County Counsel; and Brian Harrington, Planner. 1. FINDINGS AND DECISION ON SIMILAR USE RULING FOR WILLBROS Before the Board was signature of the Findings and Decision for the similar use ruling and temporary use permit for construction of a staging area for the PGT gas transmission line near Knott Pit for Willbros Energy Services Company. MAUDLIN: I would entertain a motion for signature. SCHLANGEN: So moved THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 2. DECISION ON SMIRNOV APPEAL Before the Board was the decision on the Smirnov appeal of the Hearings Officer's denial of a Conditional Use Permit to establish a nonfarm dwelling on a 10 -acre parcel zoned EFU-20. Brian Harrington said there were three deficiencies in the record as stated in the staff report and the Hearings Officer's findings and decision: compatibility, the test of interference, and the unsuitability question. Commissioner Throop felt the only way the applicant could have blunted the "silver bullet" from the opponents would have been to have asserted that the opponent's farm was not a commercial venture or farm. He hadn't seen anything in the record to dispute it was a commercial venture, therefore, he felt the Hearings Officer's decision had to be sustained. Chairman Maudlin pointed out that in her own testimony, the neighbor stated that she had been working her organic farm for three years and hadn't made any money yet. He didn't think she had a commercial farm. He went back to the Hearing Officer's decision which said that if there was a valid offer, then the application would be denied, however if there wasn't a valid offer, the Smirnov's could file again. a did not believe there had been a valid offer. lay UE CHEO PAGE 1 MINUTES: 12-7-92?9 IV, 0120-0492 Bruce White said the standard was set forth in the Rutherford and Stephen cases which stated that "the standard arises when the evidence suggests that the parcel is generally suitable except for reasons of size." Staff made a determination that they thought the parcel was generally suitable which was why the size issue became the "lynch pin." He suggested that the Board review the evidence to establish in their own minds whether there were reasons other than size that the parcel was not generally suitable for farm use. If the Board felt there were other reasons, then size would not become an issue. If the Board felt that size was the only reason for the parcel being found to be generally unsuitable, then the issue became whether there was evidence to show that the parcel could, through purchase, lease, or other means, be put into agricultural use. He felt the Hearings Officer went too far when he required that there be a "valid, binding offer." Commissioner Schlangen said she didn't believe Mr. Hendrix, attorney for the Smirnovs, had addressed the needed criteria. Because of the way the law read, she said she would have to vote against the Smirnovs. She did not feel it would interfere with the farm use of the area, or that it would change the pattern or stability of the area. She felt using the parcel as a hobby farm was an appropriate use for this parcel. She was not happy with the way she had to vote on this issue. Chairman Maudlin felt the neighbor was "blackmailing" the Smirnovs since she had agreed to drop her opposition if the Smirnovs would pay her $10,000, and he didn't feel that was right no matter what the law said. THROOP: I will move that the Board deny the appeal and uphold the Hearings Officer with the exception of the valid offer provisions. SCHLANGEN: Second. Commissioner Throop said the applicant did not meet the criterion, and there was no information in the record to dispute that the neighboring parcel was a commercially viable parcel. Chairman Maudlin felt that by this decision the Board would be establishing the value of the Smirnov's property, and he felt that was wrong. Commissioner Throop said the law was constructed to encourage the consolidation of neighboring parcels in different ownerships. PAGE 2 MINUTES: 12-7-92 3. 4. VOTE: THROOP: YES 0120-0493 SCHLANGEN: YES v MAUDLIN: NO ORDINANCE 92-069 AMENDING TITLE 18 TO INCLUDE CHURCHES AS A CONDITION USE IN THE PLANNED COMMUNITY/MULTIPLE-FAMILY RESIDENTIAL ZONE Before the Board was a decision on Ordinance 92-069 (TA -92-12) Amending Title 18 the Deschutes County Code, the Deschutes County Zoning Ordinance, amending Section 18.108.020.B (B) to include churches as a Conditional Use in the Planned Community/Multiple-Family Residential (PC -RM) Zone. MAUDLIN: Entertain a motion for first and second reading of Ordinance 92-069 by title only. SCHLANGEN: So moved. THROOP: I'll second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-069 by title only. SCHLANGEN: Move adoption. THROOP: Second the motion. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES ORDINANCE 92-068 AMENDING TITLE 18 TO CLARIFY "GRANDFATHERING" PROVISION Before the Board was a decision on Ordinance 92-068 amending Title 18 the Deschutes County Code, the Deschutes County Zoning Ordinance, amending Section 18.36.030 (Y) of Title 18 to clarify "Grandfathering" provision. This would allow forest management dwellings on parcels "for which preliminary approval" for land division was received prior to April 15, 1992. SCHLANGEN: I move first and second reading by title only. THROOP: Second. PAGE 3 MINUTES: 12-7-92 VOTE: THROOP: YES 0120-0494 SCHLANGEN: YES MAUDLIN: YES Chairman Maudlin performed the first and second readings of Ordinance 92-068 by title only. SCHLANGEN: Move adoption. THROOP: Second. VOTE: THROOP: YES SCHLANGEN: YES MAUDLIN: YES 5. CHANGE IN DATE FOR MOODY APPEAL PUBLIC HEARING George Read came before the Board to request that the date for the Moody appeal be rescheduled from December 16, 1992, since the decision would probably not be made on the same date as the hearing, and December 16 was the last meeting this year when all of the Commissioners would be in attendance. Also, Bruce White pointed out that there were a number of decision from previous hearings which had to be prepared for signature by December 16, 1992, so that all Board members would be available to sign them. Therefore, it would have been difficult to have a decision on the Moody appeal ready for signature by the 16th also. The Board agreed to postpone the public hearing until January 13, 1993, at 10 a.m. when the new Commissioner would be available to hear the matter. PAGE 4 MINUTES: 12-7-92 DATED this 30 0) day of Commissioners of Deschutes i AT S Recording Secretary PAGE 5 MINUTES: 12-7-92 0120-0495