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48-169-Minutes for Meeting July 20,1983 Recorded 8/2/1983`Von DESCHUTES COUNTY BOARD OF COMMISSIONERS JULY 20, 1983 - SCOTT OAKLEY DECISION; IRENE SHATTUCK APPEAL HEARING Chairman Young called the meeting to order at 1:45 P.M. to announce the Board's decision on the Scott Oakley appeal. All three Commissioners were present. Commissioner Tuttle stated that he had visited the site, and feels that the applicant (Mr.Oakley) has failed to meeir e nd. ional use criteria. o MOTION: TUTTLE moved to sustain the appeal of Con- A; ditional Use 83-15, and that is to deny the Conditional Use permit with this decision to become effective upon the mailing of the RK decision. G`o PRANTE : Second. VOTE: UNANIMOUS APPROVAL. 0 Chairman Young reconvened the meeting at 2:00 P.M. for the Irene Shattuck appeal hearing. All three Commissioners were present. Chairman Young outlined the rules of the hearing. There were no challenges received. Chairman Young called for the Staff Report. George Read, Planning Staff, explained that this application is to allow for the placement of a 10'x50' single-wide mobile home in an RR-10 zone in Deschutes River Recreation Homesites subdivision on a half acre lot. This mobile home had been placed over a year ago and no County permits were issued at that time. There are no other legally placed mobile homes in the area. This hearing had originally gone to the Hearings Officer who denied the application, and was then appealed to the Board. The Staff's opinion is that it will have an impact on the surrounding area, but that the zoning ordinance criteria is probably not sufficient to deny the application. The Staff recommendation is to deny the application. There was a septic permit issued and a certificate of completion is on file. Bob Lovlien, attorney representing Irene Shattuck, came forward. He stated that the well, septic, drainfield, electrical and telephone service had been installed. He explained that Ms. Shattuck purchased the property in July, 1980 for the purpose of placing her mobile home there and had the assurance of her realtor that this was a permitted use on the property. The realtor had based his advise on the CC&R's of the deed records. He handed the Board copies of the CC&R's. He stated that this was the plan of development; that the intent of the developers was that this be used for recreational purposes, including smaller mobile homes. At the time they placed the mobile home, they came in for permits and learned that they needed a conditional use. They did not comply with the conditions of the conditional use. When Ms. Shattuck became aware of the requirements, she immediately made application for the permit. Her son had been involved in setting up the mobile home originally, as she resides in Salem. He stated that Ms. Shattuck is willing to post a bond to insure that the conditions of approval are met. He also suggested that the immediate area to be considered should be the entire subdivision. Irene Shattuck came forward and stated that she has tried very hard to JULY 20, 1983 BOCC APPEAL HEARING: PAGE 1 t Ij- -70 comply with the requirements and she was not originally aware that this permit was necessary. She stated that she has invested her savings in this. Chairman Young then called for comments in opposition. Norman Frebel, Solar Drive came forward. He noted that he is also representing Mr. and Mrs. Jerold Cashen as well as himself. He stated that the septic field was covered at the time of inspection. He also noted that Ms. Shattuck's property is on Stellar Drive, which is a principle road in the subdivision. He stated that the CC&R's can be amended by the property owners, and that quite a number of property owners are opposed to this use. He also noted that the CC&R's prohibit uses that are a nuisance or annoyance to the neighborhood. It is his opinion that this use has been detrimental to the area and has affected their property values. He requested that the conditional use permit be denied. Lloyd H. Satterlee, Jr., representing himself as a owner in Unit 9, came forward. He gave a brief history of the subdivision's development. He stated that they are trying to build the area up. He noted that this installation was not started by Ms. Shattuck relative with many violations. He noted that a 100' setback is required between a well and septic drainfield, and he did not believe this requirement had been met. Because of the 100' requirement, the neighboring propety owner, Mr. Cashen, would not be able to install a drainfield. Chairman Young called for further comments in opposition, being none, he called for rebuttal comments. Mr. Frebel mentioned section 15 of the CC&R's which stipulates that mobile homes be properly maintained. He stated that it was the intention of the developer to have gradations in the building patterns, buy the will penaliza a great deal of people if they start restricting areas of mobile home development that at one time were allowed. Mr. Lovlien stated that they would be willing to work with Mr. Cashen to provide a right of way for him to get the septic tank and drainfield installed. Mr. Frebel then submitted a photograph for the record. Being no further comments, Chairman Young closed the hearing at 3:00 P.M. Mr. Read noted that the ordinance defines the immediate area as being the platted subdivision or the surrounding area within 1600 feet. A conditional use says that the immediate area must be considered. He also noted Exhibit 25 which depicts the location of septic tanks and wells. This would not have anything to do with the placement of the single wide mobile home-- this is not the issue. Commissioner Tuttle asked Mr. Lovlien when the mobile home had been placed on the lot. It was placed September, 1981. In September, 1982 was the first time JULY 20, 1983 BOCC APPEAL HEARING: PAGE 2 t Vol 48 cL . they had made any contact with the County. It was noted that the Board would go out and inspect the property and review the zoning enforcement officer's file on this matter. The Board will announce its decision on this matter at 1:45 P.M. on August 3 in the Courthouse Annex. The meeting adjourned at 3:05 P.M. DESCHUTES COUNTY BOARD OF COMMISSIONERS ALBERT. YO/VCHAIRM B TOW PRANTE, COMMISSIONER LAU NCE A. TUTTLE, COMMISSIONER /ss JULY 20, 1983 BOCC APPEAL HEARING: PAGE 3