1993-18518-Minutes for Meeting April 14,1993 Recorded 6/8/199393-18518 0126-1142
MINUTES `
DESCHUTES COUNTY BOARD OF COMMISSIONERS r>�
Wednesday, April 14, 1993f y .9
3:00 p.m., Conference Room Af,�,
Juvenile Justice Center""'
Chair Tom Throop called the meeting to order at 3:04 p.m. Board
members present were Tom Throop, Nancy Pope Schlangen, and Barry
Slaughter. Also in attendance were Stacy Warren, Planner; Dale Van
Valkenberg, Planner; and George Read, Planning Director.
1. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT FOR FARM
DWELLING ON 20 -ACRE PARCEL ZONED EXCLUSIVE FARM USE FOR HORACE
AND VELDA FENNELL
Dale Van Valkenberg gave the staff report. He reported the
applicant was waiting for the snow to melt, do the surveys,
split the lots, put up a fence, and find applicants with farm
management plans. The applicant originally requested an
additional five or six months and the Board continued the
public hearing to this date.
SCHLANGEN: I move to affirm the Hearings Officer's denial
of the conditional use permit for a farm
dwelling.
THROOP: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: EXCUSED
THROOP: YES
2. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR KEN PAULLIN FOR
THE CONSTRUCTION OF A REPLACEMENT FARM DWELLING ON A 40 -ACRE
PARCEL ZONED EFU-40 EXCLUSIVE FARM USE
Stacy Warren gave the staff report. This property is located
at 23549 Highway 20, approximately 8 to 9 miles east of Bend.
She reported there was an existing single family dwelling on
the property. The applicant is proposing to construct a new
dwelling in the central portion of the property and convert
the old dwelling into storage space. The subject parcel was
zoned EFU-40 at the time of the application and the parcel
contains 40 acres. There are currently 10 acres of irrigated
pasture. She reports the applicant has spent 60 to 70 hours
per week working on the property and does not hold another
job. The Hearings Officer's decision was to approve this
application.
Chair Throop asked for disclosure from Commissioners for any
prehearing contact in this matter. All Commissioners reported
having no prehearing contacts. Chair Throop also asked
MICROFILMED
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0126-1143
audience members if they felt any member of the Board of
Commissioners should be challenged with bias or inability to
make a fair decision in this matter. No challenge was made
from the public.
Chair Throop opened the public hearing.
Ren Paullin reported that when he purchased the property, he
checked to see if he could build on it. At that time he was
given the understanding that it was okay. He reports that he
has spent thousands of hours turning this parcel of land into
a productive farm.
Commissioner Schlangen asked if the applicant currently owned
cattle. Mr. Paullin reported that he did.
Chair Throop closed the public hearing.
SCHLANGEN: I move upholding
approval.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
the Hearings Officer's
3. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR RICHARD COFFIN TO
ALLOW A FARM DWELLING ON A PARCEL LESS THAN THE MINIMUM LOT
SIZE IN A ZONED EFU-20 EXCLUSIVE FARM USE
Brian Harrington gave the staff report. He reported the
property was located at 20922 S.W. Young Avenue. The original
application for the conditional use permit was filed by
Richard Coffin. Mr. Coffin's agent, Rick Mason, requested at
the public hearing on this matter that the Hearings Officer
change the name of the applicant from Richard Coffin to the
property owners, Norman and Melody Schmidt. Mr. & Mrs.
Schmidt were present in the audience and consented to this
change. The Hearings Officer issued approval on March 8,
1993. Brian reported that there was some unnecessary criteria
included in the Hearings Officer's decision as outlined by
staff. Staff recommends that the Board of Commissioners
affirm the Hearings Officer's decision with revisions.
Chair Throop opened the public hearing.
No testimony was presented.
SCHLANGEN: I move upholding the Hearings Officer's
decision and delete the items that are no
longer applicable.
MINUTES PAGE 2 APRIL 14, 1993
4.
5.
0126-1144
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: CONDITIONAL USE PERMIT FOR DONALD WOOD TO
ESTABLISH A NONFARM DWELLING ON A 5.8 ACRE PARCEL ZONED EFU-
40/LM EXCLUSIVE FARM USE AND LANDSCAPE MANAGEMENT COMBINING
Brian Harrington reported the applicants are seeking a nonfarm
dwelling on 5.8 acre parcel located at 18300 Highway 126,
Sisters. The stated the property was designated EFU-40 at the
time of application but is now located within the Sisters
Cloverdale subzone. The Hearings Officer issued a written
approval on March 3, 1993. Planning staff recommends
affirming the Hearings Officer's decision. Staff felt the
easement could be handled through the access permit.
Chair Throop opened the public hearing.
Donald Wood testified that he bought the property in 1971 from
the State because he planned on retiring there. He stated
that he was willing to give Oregon Department of
Transportation an easement. This property is approximately 5
acres.
Chair Throop asked if the applicant would have any problem if
the adjacent property was used for farming. The applicant did
not have any problem with that.
SCHLANGEN: I move to affirm the Hearings Officer's
decision to approve the conditional use
application.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
THROOP: YES
PUBLIC HEARING: CONDITIONAL USE PERMIT FOR FRED GUNZNER TO
ESTABLISH A NONFARM DWELLING ON A 23.10 ACRE PARCEL ZONED EFU-
20 EXCLUSIVE FARM USE
Brian Harrington gave the staff report. The applicants are
seeking approval of a nonfarm dwelling on a 20 -acre parcel
located at 8880 N.W. Lower Bridge Way, Terrebonne. This
property was designated as EFU-20 at the time of the
application and is now located within the Terrebonne subzone.
There was no oral or written testimony received in opposition
MINUTES PAGE 3 APRIL 14, 1993
0126-1145
of this proposal. Staff recommends affirmation of the
Hearings Officer's decision.
Chair Throop asked for disclosure from the Commissioners for
any prehearing contact in this matter. All Commissioners
reported having no prehearing contacts. Chair Throop also
asked audience members if they felt any member of the Board of
Commissioners should be challenged with bias or inability to
make a fair decision in this matter.
Chair Throop opened the public hearing. No testimony was
given.
George Read clarified a discrepancy. He stated that this was
initially approved as a farm subdivision. A zone change from
EFU-80 and EFU-40 to EFU-20 had taken place for land that was
predominantly not agricultural soils. Since the approval of
the subdivision, these could not qualify as farm parcels.
George also pointed out that this area has been designated as
a scenic waterway.
George Read reported that the Hearings Officer's adopted the
staff report as the finding and decisions.
SCHLANGEN: I move affirming the Hearings Officer's
decision with a correction in the acreage from
20 to 23.10.
SLAUGHTER: Second.
VOTE: SCHLANGEN: YES
SLAUGHTER: YES
TH/R��O//OP : YES
DATED this / L (�'1 day of , 1993, by the
Board of Commissioners of Deschutes County, Oregon.
Nancy Pope Thltn en,' Commission
ATT T:
Recording Secretary Barry H. Slaughter, Commissioner
MINUTES PAGE 4 APRIL 14, 1993