1999-116-Minutes for Meeting December 30,1998 Recorded 3/11/1999VOL: CJ1999 PAGE: 116
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Mar. 11, 1999; 3:25 p.m.
Regular Meeting
(CJ)
NUMBER OF PAGES: 3
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
*01999-116 * Vol -Page 03/24/1999 13:51:50
MICROf ED
APR 0 11999
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EXCERPT FROM MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS 99 MAR I I PH 3: 25
10 A.M. , Wednesday, December 30, 1998 MAR'I' SUL' P [,'t+,,11 LO�,�
COUNTY CLERK
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:04 A.M. County Commissioners present were
Nancy Pope Schlangen, Robert L. Nipper, and Linda L. Swearingen.
Also present were Kevin Harrison, Planner; Heidi Kennedy, Planner;
Rick Isham, County Counsel; George Read, Community Development
Director; Catherine Morrow, Planner; Brian Harrington, Planner; and
Didi Malarkey, Regional Problem Solver.
Before the Board was signature of a decision of the Boards
review of the Conditional Use Permit and partition of 40 -acre
parcels into two 20 -acre parcels for Amber Craig and Steve
Scott.
Bruce White stated he would like to open the record to put in
a list of documents submitted into the record, a letter dated
December 24, 1998 to Ron Eber, and a memo from Kevin Harrison
dated December 30, 1998.
SWEARINGEN: Move approval of reopening the record to
submit the three items listed by Bruce White.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Bruce White then read into the record the text of the Kevin
Harrison memo for the benefit of those in the audience.
Bruce White stated the strongest argument was to take Dorvinen
on head-on. He stated that was what this legal analysis did.
He stated he did not go into trying to fit the County into the
exceptions that ORS 215.780 allows.
MINUTES 1 DECEMBER 30, 1998
L
Bruce White stated the Dorvinen case did not apply in the way
the court tried to apply it. He felt the law was
misinterpreted and the court of appeals really got it wrong.
He felt they misinterpreted the purpose of House Bill 3661.
They tried to paint the 80 -acre minimum as an across the board
minimum lot size when other parts of the statute expressly say
that was not the case. He felt the Department could not
support the Dorvinen decision. He stated that under his
reading of Dorvinen even the Department could not agree with
the Dorvinen case.
George Read stated that before Dorvinen they did not have a
problem with the County's minimum lot size, so if Dorvinen was
not there, it would not be a problem.
Bruce White felt it would be appropriate to close the record
at this point, unless there was somebody who believed they
need to say something to respond to Kevin Harrison's memo.
The Board had a discussion about when it was that LCDC had
reviewed the County's non-farm program and whether the tapes
form such a meeting should have been made a part of the
record. Bruce White stated that he was comfortable going on
the testimony of Brent Lake, who spoke at to the issue that
the Commission had looked at the County's non-farm program in
October 1994.
NIPPER: I move that the record be closed.
SWEARINGEN: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Bruce White reported for the record that Mr. Scott and his
attorney, and Howard Paine, ARLU DeCO, were present in the
audience.
SWEARINGEN: I move approval of the matter of the
conditional use permit and partition
applications for Amber Craig and the findings
MINUTES 2 DECEMBER 30, 1998
w
and decision overturning the Hearings
Officer's decision, subject to review.
NIPPER: I'll second that.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
Bruce White mentioned, for the record, that some tapes
requested from DLCD had arrived on December 24, 1998,.and that
those had been submitted for the record. He had them with him
at the hearing.
SWEARINGEN: I move approval of the matter of the
conditional user permit and partition
application for Steve Scott and overturning
the Hearings Officer's decision, subject to
review.
NIPPER: Second.
VOTE: SCHLANGEN: YES
NIPPER: YES
SWEARINGEN: YES
DATED this 30th day of December, 1998, by the Deschutes County
Board of Commissioners.
ATTEST:
Nancy
ngen, Chair
rt L. Nipper, Commissioner
e.'l 4 A - Recording Secr tary Linda L. Swearingen, Commissioner
MINUTES 3 DECEMBER 30, 1998