1996-23026-Minutes for Meeting April 29,1996 Recorded 6/25/199696-23026 0154-26'; 7
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EXCERPT FROM THE MINUTES ',�' tz�
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DESCHUTES COUNTY BOARD OF COMMISSIONERS WORK SESSION"t'\
April 29, 1996
Chair Nancy Pope Schlangen called the Board's Work Session to order
at 10:00 a.m. County Commissioners present were Nancy Pope
Schlangen, Barry H. Slaughter and Robert L. Nipper. Also in
attendance were Mike Maier, County Administrator; Tom Blust, County
Engineer; Larry Rice, Public Works Director; Florence Torrigino,
Health Department Director; Al Driver, Solid Waste Director; Andy
Crosby, Assistant County Counsel; Bruce White, Assistant County
Counsel; Sue Stoneman, Community Relations Specialist; Damian
Syrnyk, Planner; and Brian Harrington, Planner.
1. DISCUSSION OF SIGNATURE OF FINAL DECISION ON NUV-94-2/A-94-
121, LUBA NO. 94-249 FOR FRALEY
Before the Board was a discussion of signature of the final
decision on NUV-94-2/A-94-131 for the Fraleys.
Damian Syrnyk stated he had distributed a draft decision for
the Board's signature. He pointed out that the last page of
the draft was missing signature blocks. He stated this was
the draft that was prepared based on the Board's oral decision
which as made back on February 28,1 996. He stated this
decision was based on the written arguments that were
presented at the hearing on the record that was before the
Board. Damian asked if there were any issues or questions
that the Board had for him.
Commissioner Nipper asked what were the people allowed to do
on their property now that the County has shut them down and
they were no longer allowed to run a truck repair operation.
He wondered if the County had left them the ability to do
anything on their own property.
Damian Syrnyk reported that the property owners were allowed
to do anything that was permitted outright in an MUA-10 Zone.
He stated there are also some conditional uses which they can
do. He stated they also have to option, once the Board makes
the final decision, of appealing this matter to the Land Use
Board of Appeals to see if we made a proper decision. They
also have the option of looking at a possible plan amendment
and zone change to see if this area of the County should have
a different form of zoning to accommodate the commercial use
they have presently.
Andy Crosby asked what some of the outright permitted uses
were in the MUA-10. Damian Syrnyk stated there were certain
things such as farming, single family dwellings, certain
conditional uses, exploration of minerals and certain uses as
a part of a home occupation, but he did not have his cod o
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0154-2678
with him to provide the exact uses. Damian stated after the
Board made it's decision, he had met with Mr. Larry Erwin,
Jean and Jim Fraley on March 11, 1996, to look over what uses
they were allowed in the zone as well as what would be
involved in making application for a plan amendment and zone
change. Since that time Damian was not sure if they have been
looking at the plan amendment or if they were waiting for the
Board's decision to see if they want to appeal.
Commissioner Nipper stated this reminded him of a farmer that
had been farming on property in the Cloverdale area for 50
years and some hot shot moves into town and puts a $500,000
house next to him, and then files a complaint against the
farmer because the farmers pump is too loud. He stated this
was the same kind of deal. We are shutting down a business
that has been there since 1972 or 73.
Commissioner Schlangen stated she would go over the draft
decision and check it with the notes she made during the
meetings.
Damian Syrnyk stated he would be available over the next
couple of days if the Commissioners had questions regarding
the written decision.
DATED this 29th day of April, 1996, by the Deschutes County
Board of Commissioner:
ATTE T:
Recording Secreta
Ro 'rt L. Nipper, tommissioner