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1996-41931-Minutes for Meeting September 05,1996 Recorded 11/12/19960156 -MO 9F-41931 MINUTES Special Meeting _ w DESCHUTES COUNTY BOARD OF COMMISSIONERS � September 5, 1996 Chair Nancy Pope Schlangen called the Special Meeting of the Board of County Commissioner's to order at 1:40 p.m. County Commissioners present were Nancy Pope Schlangen, Barry H. Slaughter and Robert L. Nipper. Also present were George Read, Community Development Director; Bruce White, Assistant County Counsel; and Anita Mutchie, Recording Secretary. DECISION1. ON • • z • • AN APPEALOF THE PLANNING COMMISSION DECIS• • ' COSGRAVES Before the Board was a decision on appeal A-96-12, an appeal of the Planning Commission decision for Cosgraves. Chair Schlangen stated there were four criteria that needed to be discussed. Commissioner Slaughter stated he had lived in deer areas on numerous occasions. He has observed the animals and felt they got along with humans just fine. He did not feel it was a problem to build in a deer migration area as the deer adapt very easily and readily to humans. He stated he was comfortable with criteria #1, he did not feel that #2 was true, #3 was no problem and #4 was no problem for him. He stated he would definitely overturn the Planning Commission decision but not the Hearings Officer's decision. He felt the Planning Commission was not in tune with what was going on. Commissioner Nipper stated he found all criteria for a variance was met. He felt the Hearings Officer's approval was appropriate. He stated the expert testimony provided by the applicant was compelling and was based upon data. He felt Ted Wiese's testimony was philosophical with quotes like "home sites drive deer away." Commissioner felt that was not true because data did not support that. He felt the explanation of the zoning confusion satisfied him. He felt one house would not have an impact on the deer winter range. He stated the Planning Commission decision should be overruled and the Hearings Officer's decision should be upheld. Chair Schlangen stated that not allowing the fence would create a practical difficulty. She felt the applicant purchased the property with the intent of having t o parcels. IP P N ED MINUTES 1 SEPTEMBER 51 1996 1 1996 fir% CRO flz�Et?- NOV 2 7P 2. 3. 0156-o22 She felt the applicant had demonstrated, because of the surrounding area had been subdivided into small pieces, this was a unique parcel. She stated she had a problem with criteria #3. She felt the applicant knew there was an wildlife overlay zone. She stated that on items #3 and #4 she was unable to support the Hearings Officer's decision and would support the Planning Commission decision. They polled the Commissioner's on each of the criteria. Criteria #1 - all three Commissioners agreed. Criteria #2 - all three Commissioners agreed. Criteria #3 - Commissioner Slaughter and Nipper agreed. Commissioner Schlangen did not agree. Criteria #4 - Commissioner Slaughter and Nipper agreed. Commissioner Schlangen did not agree. NIPPER: I move that we overturn the Planning Commission's decision and that the application be granted. SLAUGHTER: I'll second that. VOTE: SCHLANGEN: NO SLAUGHTER: YES NIPPER: YES F 91=WC9N •• .p ► ,,g •; : • Before the Board was signature of a Liquor License renewal for Blondies. NIPPER: I move signature of Liquor License. SLAUGHTER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES IMPLEMENTATIONMA 7 OF •MEASURE Before the Board was adoption of Ordinance No. 96-063, rescinding the County's implementation of Ballot Measure 8. MINUTES 2 SEPTEMBER 5, 1996 4. 5. SLAUGHTER: NIPPER: VOTE: 0156-0222 I'll make a motion for first and second reading of Ordinance No. 96-063, by title only. Second. SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES Chair Schlangen performed the first and second reading of Ordinance No. 96-063, by title only. SLAUGHTER: I move adoption of Ordinance No. 96-063. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF 4-H/EXTENSION COUNTY SERVICE DISTRICT Before the Governing Body was signature of Resolution No. 96- 118, rescinding the District's implementation of Ballot Measure 8. SLAUGHTER: I move signature of Resolution No. 96-118. NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES CONVENE AS THE GOVERNING BODY OF 9-1-1 COUNTY SERVICE DISTRICT gig Before the Governing Body was signature of Resolution No. 96- 119, rescinding the District's implementation of Ballot Measure 8. SLAUGHTER: I move signature of Resolution No. 96-119. MINUTES 3 SEPTEMBER 5, 1996 NIPPER: Second. VOTE: SCHLANGEN: YES SLAUGHTER: YES NIPPER: YES DATED this 5th day of September, 1996, by the Deschutes County Board of Commissioners. P I ATTEST: Recording Secretary Nancy Pop 8 angen; Chair Barry H. Slaughter, Commissioner RolArt L. Nipper, Commissioner MINUTES 4 SEPTEMBER 5, 1996