37-582-Order No. 81-209 Recorded 3/30/1981VOL 37PAGE 582
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Relating to the Use 1
of Land at 61956 Pettigrew
Road, Bend, Oregon, Recognizing
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F I
L E
the Establishment of a Prior
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Nonconforming Use, and Pro-
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NIAR
3 o 1981
viding Standards for the
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Continuation of Such Use.
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ROSEMARY
DESCHUTES
PATTERSON
C
OUNTY CLERK
ORDER NO. 81-209
WHEREAS, on March 4, 1981, the Board of County Commissioners
held a public hearing to hear testimony regarding a possible land
use violation at 61956 Pettigrew Road, Bend, Oregon; and
WHEREAS, interested persons submitted written and oral
testimony regarding the use of said property; and
WHEREAS, the Board of County Commissioners has reviewed
the oral and written testimony and the file of the Planning Depart-
ment regarding the alleged land use violation; and
WHEREAS, the Board of County Commissioners,being convinced
that a pre-existing nonconforming use on the subject property had
been established prior to zoning on said property; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1. That a pre-existing nonconforming use was
established on property known as 61956 Pettigrew Road, prior to
zoning of said property. The scope of the pre-existing use, as
determined by the Board of County Commissioners, is defined in Para-
graph A of Exhibit 1, attached hereto and by this reference incorporated
herein.
Section 2. That the present use of the property is in
conformity with the pre-existing nonconforming use recognized in
Section 1 of this Order, provided, that the present use meets the
standards and criteria set forth in Paragraph B of Exhibit 1, attached
hereto and by this reference incorporated herein.
Section 3. Based on the opinion incorporated herein,
Deschutes County all take no enforcement action regarding the use
of land known as 61956 Pettigrew Road, Bend, Oregon, unless and until
such time as the use exceeds the standards and criteria set forth
in Paragraph B of Exhibit 1.
ORDER NO. 81-209, PAGE 1 of 2
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VOL 3 PAGE 58 3
P.-
DATED this a t/ / day of March, 1981
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ROBERT C. AULSON, JR., Chairm.-1
ATTEST:
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SUSAN STONEMAN
Recording Secretary
ORDER NO. 81-209, PAGE 2 of 2
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A
FINAL DECISION
VOL 37PAGE 584
The scope of the pre-existing non-conforming use of the Sabin
Carter_ property on Pettigrew Road has been established as
follows:
1. The repair of automobiles, small trucks or vans and at
least one dump truck was undertaken.
2. Normal working hours usually started at 730 A.M. and ended
at 4:30 P.M. On occasion, a repair of an urgent nature re-
quired the expansion of these hours.
3. Mr. Lyle Sabin operated the repair shop as sole proprietor
except f o r_ o-ccas Tonal help.
4. Automotive supplies were sold at the site.
B. The present use of the property by Boulder Excavation will have
no more impact on the neighborhood than its previous use, pro-
viding the following standards are strictly adhered to.
1. Vehicle Storage: Vehicle storage is limited to that amount
of time required to re'nder.-vehicle operable. Parts avail-
ablity is usually the determining factor pertaining to the
length of time a vehicle is inoperable. Inside storage
shall be used tothe maximum extent of practicality.
2. Vehicle Parking: Vehicle parking is limited to only those
vehicles actually requiring repair or preventive maintenance.
Parking of vehicles for preventive maintenance shall be
at the specified time the preventive maintenance is to be
performed. Employee parking shall be limited to only those
employees engaged in maintenance at the times the maintenance
is required. No more than six vehicles will be allowed to
-park on the premises at anV one time.
3. Working hours shall not exceed the 7:30 A.M. to 4:30 P.M.
time frame, except for emergency repairs.
4. The storage of flammable items such as gasoline or diesel
fuel shall be in compliance with current standards established
by the Bend City Fire Marshal and not:exceed 250 gallons
in quantity.
5. Storage of construction material is not allowed at the
maintenance site. y
6. Noise levels do not exceed the allowable limits set forth
in Deschutes County Noise Ordinance 203.11 and/or Department
of Environmental Quality Chapter 340, Oregon Administrative
Rules Division 35, Noise Control Regulations.
E X H I B I T 1