1993-16103-Minutes for Meeting March 17,1993 Recorded 5/13/199393-16103
0126"0993
MINUTES
03 i"�,\11 13 P1 2; 13DESCHUTES COUNTY BOARD OF COMMISSIONERS
March 17, 1993
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ALL
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CCfiir Throop called the meeting to order at 4:05 p.m. Board
Members in attendance were Tom Throop and Nancy Pope Schlangen.
PUBLIC HEARING: BOARD CALL UP OF EFU DECISIONS BY THE HEARINGS
OFFICER FILE CU -92-186 KENT WILCOX
Chair Throop reported the first file to be discussed would be CU -
91 -186 for Kent Wilcox. Mr. Throop reported that this hearing is
pursuant an agreement with ARLU-DeCO. He informed the audience
that until the farm study took effect, applications made in the
interim period would be reviewed by the Hearings Officer as well as
the Board of County Commissioners.
Chair Throop asked for disclosure from Commissioners for any pre -
hearing contacts in this matter. Commissioner Schlangen report
having no pre -hearing contacts. Commissioner Throop also reported
having no pre -hearing contacts. Chair Throop also asked the
audience members if they felt either member of the Board should be
challenged with bias or inability to make a fair decision in this
matter. No challenge was made from the public.
Brian Harrington gave the staff report. He reported the applicants
were seeking approval of a nonfarm dwelling on a 20 -acre parcel of
land located at 3995 N.W. Pershall Way, Redmond. The property was
designated as EFU at the time of the application but is now located
within the Tumalo /Redmond/ Bend sub -zone according to the adopted
ordinance on December 7, 1992. There was no oral or written
testimony in opposition to the proposal at or prior to the public
hearing. The Hearings Officer issued a written decision approving
the application on February 2, 1993. A letter was received on
March 16, 1993, in opposition but it was relative to the partition
process and not to the conditional use approval for this
application. It is staff's opinion that the applicant qualifies
for a conditional use permit.
Chair Tom Throop opened the public hearing. There was no testimony
from the applicant or opponents. Chair Throop closed the public
hearing.
SCHLANGEN: I move the Board uphold the Hearings Officer's
findings and decisions along with the
grammatical corrections recommended by staff.
THROOP: Second. KIR QFC
MICROFILMED ��, QY 199
_01- al
MAy 2 61993
VOTE: SCHLANGEN: YES 0126-0994
SLAUGHTER: EXCUSED
THROOP: YES
PUBLIC HEARING: BOARD CALL UP OF EFU DECISION BY HEARINGS OFFICER
FILE CU -92-188 AND CU -92-189 HORACE AND VELDA FENNEL
Dale Van Valkenburg reported the applicant was seeking two
conditional use permits on adjacent 20 -acre parcels. He reported
that CU -92-188 is located at 23155 Bear Creek Road and CU -92-189 is
at 23100 Bear Creek Road. The property was designated as EFU-20 at
the time of the application and is now in the within the
Tumalo/Redmond/Bend EFU sub -zone. The Hearings Officer issued a
written decision denying both applications on February 19, 1993.
The staff recommends the Board reaffirm the Hearings Officers
decision to deny both of these applications and adopt the Hearings
Officer decision and findings as written.
Commissioner Schlangen asked if there were farm plans submitted
with the applications. Dale Van Valkenburg stated there was
information regarding the current farm use of the 21 irrigated
acres but not a specific plan for managing the separate 20 -acre
parcels. He reported that there was limited livestock and hay on
the property.
Chair Throop opened the public hearing. Dennis Fennel, the
applicant's representative, reported that the survey had not been
done because of the snow. He stated the applicant wanted to build
the houses to sell. Mr. Fennel requested an extension of time in
order to submit an amended application along with a farm plan.
Chair Throop asked staff if there were procedures to allow the
Board to extend the time on this appeal. Dale Van Valkenburg
stated it was at the discretion of the Board to grant a
continuance. He said they could continue it to a set date.
Commissioner Schlangen asked whether the applicant could reapply if
the Board did not continue the hearing. Dale reported the
applicant would have the option to reapply after six months.
Dennis Fennel reported that it would take three months to list the
property and he needed as much time as possible. Dale Van
Valkenburg stated the 120 -day time limit would have to be waived.
Mr. Fennel said he would waive the stated time limit. Dale also
suggested continuing the hearing to April 14.
No one testified in opposition of the application.
The public hearing was closed.
MINUTES PAGE 2 MARCH 17, 1993
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SCHLANGEN: I move we continue the public hearing on April
14 at 3:00 p.m.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
DATED this day of , 1993, by the
Board of Commissioners of Deschutes County, Oregon.
ATTEST:
Recording Secretary
Tom Throop, Chair
Nancy Pope Schlangen, Commissioner
B. H. Slaughter, Commissioner
MINUTES PAGE 3 MARCH 17, 1993
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