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1993-16104-Minutes for Meeting March 17,1993 Recorded 5/13/199393-16104 0146-0996 MINUTES ? , 2:4'�ZESCHUTES COUNTY BOARD OF COMMISSIONERS joli_T; 10 March 17, 1993 Chair Throop called the meeting to order at 3:08 p.m. Board members in attendance were Tom Throop and Nancy Pope Schlangen. PUBLIC HEARING: CONTINUATION OF PUBLIC HEARING ON CU -92-169, WAYNE AND IRMA BEST REQUEST FOR A NONFARM DWELLING ON A 10 -ACRE PARCEL IN EFU-320 ZONE Chair Tom Throop asked for the staff report. Stacy Warren, Planner, stated the applicant was requesting a conditional use permit for a nonfarm dwelling on a 10 -acre parcel which is zoned exclusive farm use 320. She reported the Hearings Officer recommended approval. Stacy reported a public hearing was held in February at which time information was submitted in opposition to the request. The public hearing was reopened in order to give the applicant an opportunity to respond to the issues that were raised. Commissioner Schlangen questioned if cisterns were allowed when they had been grandfathered. Stacy reported that she was not aware of a department policy regarding cisterns. Commissioner Schlangen asked if there was livestock on any of the lands in the area. Stacy reported that there was none visible. Commissioner Schlangen then asked if the lot was fenced, to which Stacy reported it was. Chair Tom Throop asked for disclosure from Commissioners for any pre -hearing contacts in this matter. Commissioner Schlangen reported having no pre -hearing contacts. Commissioner Throop also reported having no pre -hearing contacts. Chair Throop also asked audience members if they felt either member of the Board of the Commission should be challenged with bias or inability to make a fair decision in this matter. No challenge was made from the public. Chair Tom Throop opened the public hearing. Irma Best, 1118 South 34th Place, Springfield, testified regarding property which is located at 57757 Spencer Wells Road. Irma Best stated she was requesting a conditional use permit to build a home on a 10 -acre piece of land which she and her spouse own. Ms. Best believed the property was proper to build a home on. She reported the property was directly south of the property of E. Parks with Highway 20 running between. She said there is approximately 500 feet of highway frontage. She also reported that this piece of property has been on the tax rolls since 1978 and has no adverse effect on the surrounding area. She reported that this property was sold before the EFU-320 was set. She said there are no 320 - acre farms in that area and did not feel that a 320 -acre minimum should be enforced. Ms. Best reported that pro erty was KEYP' i _G MICROFILMED�a1 Ai 1993 MAS X6199 01 -0997 approximately 18 miles from a hospital which would be no farther than Sisters to Bend or many other outlying areas. Ms. Best addressed the water situation by stating they had made plans to construct a cistern. She stated the cistern would be a 2,500 gallon capacity to be used for household water. They will also construct a tank for farm and animal use. Ms. Best states they would haul the water themselves or have Bend Water Hauling bring it to them at the price of $45 per 2200 gallons, then probably drill a well at a later date. Ms. Best stated that Rural Development Goal #2 served as a guide in applying for the application. She said the only thing they could not provide was fire protection. Irma Best said the fenced property would not be in conflict with the open grazing. She said BLM states open range grazing is respectful of fenced private property. Ms. Best reported the previous owners had no cattle grazing on this property for at least the last five years. Ms. Best felt the approval of this application would not alter the stability of the surrounding land use pattern in any way. She said they wanted a small farm that would be compatible with the area. Tom Throop asked if they were applying for a farm dwelling. Ms. Best stated she was applying for a home on a 10 -acre piece of land. She said when she went to the County, they called it a nonfarm dwelling. Tom Throop asked if she was applying for a nonfarm dwelling. Ms. Best stated that she did not understand the term. She said they wanted a home on 10 acres where they could have animals. Tom Throop told Ms. Best that in an EFU Zone she wouldn't apply for a home, she would have to apply for a farm dwelling or a nonfarm dwelling. Tom Throop informed Ms. Best that it was important for the decision makers to understand what the intentions were and what they were applying for. Tom Throop asked Ms. Best again if she was applying for a nonfarm dwelling. Ms. Best said it was listed in her records as a nonfarm dwelling. Ms. Best also said they wanted to build a home and asked if that was consistent with that ruling. Tom Throop said a farm dwelling or a nonfarm dwelling are both homes. Mr. Throop said they would not be applying for a home but rather for a nonfarm or farm dwelling. Mr. Throop asked the question because Ms. Best had mentioned setting up a farm but they were applying for a nonfarm dwelling. Ms. Best said her records reflect applying for a nonfarm dwelling. Ms. Best said they also own tax lots 800 and 801 but they do not have any development plans for them. Ms. Best felt that if this application was turned down, it would provide an undue hardship upon them and serve no purpose. Tom Throop reviewed the public services such as water, sewer, adequate roads, police protection, schools, and fire protection. MINUTES PAGE 2 MARCH 17, 1993 01.",1-0998 He stated that one of his largest concerns was that within a four mile radius of the Best property there were 340 parcels with 285 parcels being privately owned. Mr. Throop stated that approximately 80% of those are 10 -acre parcels or smaller. Mr. Throop was concerned about the public service being adequate. He requested that Ms. Best state why she believed the public services and facilities were adequate in this area to provide for the kind of urban development that this area has the potential for absorbing if applications were approved for her parcel and other parcels in the area. Ms. Best said that when they bought the property, they did not realize they would be dealing with any of this. She reports that the Sheriff's Office patrols in that area. She said she did not have time to check to see how far the school bus comes out. She understands the schools provide service where ever there are students. Mr. Throop expressed some of his concerns such as one of the lowest ratios of deputies to population in the state and no water system. Wayne Best testified that the dwelling would be 200 feet off the highway and power was directly across the highway. Mr. Best said it cost $1,700 to put the power pole and electricity into the property. He reports that all the property on Highway 20 have cisterns which are filled by ditch or truck. Mr. Best reports that all wells in the area have holding tanks. Commissioner Schlangen asked if this property would be for commercial use. Mr. Best stated they would only have their pets. Commissioner Throop expressed concern about the impact of companion animals in the area. Mr. Best felt that the area that was being fenced off was not a continuous fence. He reported that there were no corners for wildlife to get into and they could go a few hundred feet to go around. Commissioner Schlangen expressed concern about the cistern. She asked what the projected time line would be for drilling a well. Mr. Best said he did not have a time line. He stated he had owned property with cisterns before. Commissioner Throop expressed concern about the stability of the land use in the area. He felt that after a few approvals, it may end up being a sagebrush subdivision where there had been no development before of this kind. Mr. Best reported that the bus stop was ten miles away. He stated he and his wife are retired. He felt that most of the lots in the area had been purchased for frontage lots just to block off access to the adjoining property. He felt that some of the lots would be too expensive to build on because of electricity costs. No one testified in opposition of this application for a nonfarm dwelling. MINUTES PAGE 3 MARCH 17, 1993 01406-0999 Chair Throop stated there was written opposition by Jen Twining dated February 17, 1993. Chair Throop closed the public hearing. The Board of Commissioners announced that the decision would be made at a meeting on April 7, 1993, at the regular board Meeting. DATED this /711-A day of -PT�AAe,& -, 1993, by the Board of Commissioners of Deschut s County, Oregon. Tf Tor4 Throo , Chair r: Nancy Pop4cl4angen, Commiss' i pner ATTEST: Recording Secretary B. H. Slaughter,/Commissioner MINUTES PAGE 4 MARCH 17, 1993