1999-1020-Minutes for Meeting September 15,1999 Recorded 10/22/1999VOL: CJ1999 PAGE: 1020
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1020 * Vol -Page Printed: 10/28/1999 11:32:32
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Oct. 22, 1999; 1:05 p.m.
Regular Meeting (CJ)
NUMBER OF PAGES: 3
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEY NC ED
OC 2 8 1999
P
C'1/9�9�ia7D
MINUTES
DESCHUTES COUNTY BOARD OF 99 OCT 22 PM i: OS
COMMIARTYIPN110LLOW
September 15, 1999 COUNTY CLERK
1. CONTINUED PUBLIC HEARING ON APPEAL A-99-3 OF HEARINGS
OFFICER'S DENIAL OF A CONDITIONAL USE PERMIT CU -98-120 FOR
A NON-FARM DWELLING FOR LEO EDWARDS
Before the Board was a continued public hearing on appeal A-99-3 of Hearings
Officer's denial of a Conditional Use Permit CU -98-120 for a non-farm
dwelling for Leo Edwards.
Chair Tom DeWolf opened the public hearing. The public hearing was then
recessed until 11:00 a.m. due to an error in the public notice stating the hearing
was to be held at 11:00 rather than 10:00 a.m.
Barbara Rich reported this was a continuation of the hearing for Leo Edwards
for a non-farm dwelling at 5755 Obsidian Avenue. The two factors on which
the application was denied by the Hearings Officer were the criteria relating to
altering the stability of the land use pattern of the area and the general
unsuitability criteria for the entire property and/or portion to be used for the
homesite. Barbara stated the last hearing was continued in order to allow the
County Commissioners an opportunity to make a site visit and enter their
observations into the record.
Dennis Luke stated he had visited the site and pulled the history of the property
from the Assessor's webstie. He had observed that the record was accurate in
the description of the land.
Tom DeWolf reported he had visited the site also. He stated he noticed the
land was for sale. The site for the proposed non-farm dwelling was different
from the rest of the property. The proposed site was just what they had heard
in the hearing earlier with a lot of rocks embedded in the ground.
MINUTES Page 1 of 3 SEPTEMBER 15, 1999
Chair Tom DeWolf closed the public hearing.
Dennis Luke stated this was a hard decision for him. He felt that since Leo
Edwards purchased this property 1988 the laws had changed. He felt he had
to uphold the law even if he did not agree with it. He felt the Hearings Officer
had interpreted the decision correctly and he would uphold the Hearings
Officer's decision.
Tom DeWolf felt that this parcel would not be farmed unless the owner lived
there. He stated the property does not carry the same value as a 20 -acre parcel
with a house. He felt he needed to interpret the law the best way he could to
the benefit of the citizens. If the whole 20 acres were rocky, the whole area
would be unsuitable for farm land. He felt it was a mistake and the Hearings
Officer's decision should be overturned.
Tom DeWolf asked if Linda Swearingen could participate in this decision
since it looked like there was going to be a split vote.
Rick Isham stated Commissioner Linda Swearingen would be required to vote
in order to break a split vote.
DEWOLF: I would move we overturn the Hearings Officer's decision.
LUKE: I'll second for the purpose of the vote only.
VOTE: SWEARINGEN: EXCUSED
DEWOLF: YES
LUKE: NO
Since there was a split vote, this decision will be held over to Monday,
September 27, 1999, at 10 a.m. in order for Linda Swearingen to review the
tapes, make a site visit and participate in the decision.
MINUTES Page 2 of 3 SEPTEMBER 15, 1999
DATED this 15th day of September 1999 by the Deschutes County Board of
Commissioners.
iwlew� /
Linda L. Swearingen, Chair
Tom DeWolf, Commis&n&
ATTEST:
Recording Secretary 4n4iR..uke, Commissioner
MINUTES Page 3 of 3 SEPTEMBER 15, 1999