1997-06242-Minutes for Meeting November 25,1996 Recorded 2/20/199797-0 2 ;z 0156-14`76
EXCERPT FROM MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS ?,
Monday, November 25, 1996
1. DISCUSSION OF BOARD SIGNATURE OF WRITTEN DECISION ON; Pi!L A-
96-12 FOR COSGRAVES
Before the Board was a discussion of Board Signature on the
written decision on Appeal A-96-12 for Cosgraves.
Damian Syrnyk stated he had provided copies of the written
decision for each Board member the previous week. This was
the decision the Board had made on September 5, 1996,
regarding an appeal the Cosgraves had made from the Planning
Commission on a variance that had originally been approved by
the Hearings Officer. It had then been called up for review
by the Planning Commission and subsequently overturned and
denied. It was then appealed to the Board and you had voted
to adopt a decision approving the variance. Damian stated he
was not requesting an action to be taken today.
Damian reported he may have a final decision for the Board to
look at on Wednesday, or possibly the following week, if the
Board had changes to make. He stated the original decision
was with the Board staff which included four exhibits
consisting of a map, two letters from a realtor who had done
some work behalf of the Cosgraves and a study and a letter
done by the Cosgrave's wildlife consultants.
Commissioner Nipper stated he took a lot of heat for going
along with the Hearings Officer's decision on this and there
was a split vote. He stated that since that vote, he had been
lobbied by Ted Weise and several other people. He reported
that what they said was that maybe this one doesn't impact the
deer winter range, but it was the precedent that the Board was
setting. Commissioner Nipper reported that protecting a
precedent for precedents sake and discrediting the
professional the Cosgraves hired from OSU because he was book
learned, and he didn't know what he was talking about because
he was not out in the field like the Oregon Department of
Wildlife personnel. He stated he had set through 2 or 3 hours
of meeting with these people lobbying him to change his
position on this issue. He stated he maintained this had
nothing to do with an attack on the deer winter range
precedent as it was site specific, criteria specific, and he
would stand by his decision in this particular case a variance
should be granted. He stated he looked at the same
information the Planning Commission looked at but he came up
with a different conclusion than they came up with. He stated
this was not to minimize the importance of the Planning
Commission and they have looked in ways to have Planning
Commissioners involved in the final decision made by the Bo d
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of County Commissioners. He stated in this particular case
the criteria was met for a variance, and he was going to stand
by the position he took. He felt this was very site specific.
Damian Syrnyk stated when the Board had originally made their
decision in September, they had directed Mr. Cosgrave's
attorney, Bob Lovlien to draft a decision. He provided a copy
for our review.
No action was taken on this item at this time.
DATED this 25th day of September, 1996, by the Deschutes
Countv Board of Commissioners.
ATTEST:
Recording Secretary
Barry H. Slaughter, Commissioner
Rob4fit L. Nipper, Co i sioner