34-64-Order Recorded 2/12/1980' VOL 34 PAGE 64
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON:
FOR DESCHUTES COUNTY
In the Matter of )
Site Plan 78-109, ) O R D E R
Allan Bruckner, Applicant )
This matter came before the regular term of the Board of County Commissioners
on the advice of Margaret Hayden, Code Coordinator for the Deschutes County Planning
Department, on January 22, 1980. Mr. Bruckner was represented by Terrence B. O'Sullivan;
the Planning Department was represented by County Counsel. After considering
evidence of a zoning violation, in that the landscaping and paving required by the
site plan had not been completed as required, the Board finds as follows:
1. The landscaping and paving plan that was a condition of site plan approval
has not yet been completed.
2. Compliance with the site plan would not be in violation of ORS 215.130(4),
and to the extent that additional paving would be used for parking, would not be an
expansion of a nonconforming use under Section 28(a) of County Zoning Ordinance PL-15.
3. The Board is considering rezoning an area that includes the site, so as to
allow the mobile home sales business for which the site plan was submitted as an out-
right use. It is anticipated that if the rezoning is allowed, it will be contingent
upon dedication and construction of a frontage road and modification of Highway 97.
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The Board will take no further action to enforce compliance with the con-
ditions of the site plan approval until July 1, 1980, or two months after an appli-
cation for zone change allowing the use of the property for mobile home sales is either
granted or denied, and all appeals are exhausted, whichever is sooner.
2. If a change in the right-of-way of roads within or contiguous to the
boundaries of the existing site plan is required by rezoning before July 1, 1980,
and is inconsistent with the existing site plan, applicant may avoid enforcement
of the current site plan by applying for approval of a new one within two months
after the order of the Board rezoning the property that is subject to the existing
site plan.
3. If no decision on.the zone change is made by July 1, 1980, at that time the
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PVot 3 wt 65
Board of County Commissioners will consider whether to seek enforcement of the
terms of the site plan approval on Site Plan 78-109.
DATED this JAJay of February, 1980.
BOARD OF COUNTY COMMISSIONERS
a - Z- A* A - 001,
ALBERT YOUNG, Cha` an
CLAY C. SHEPARD, Commissioner
C
ROBERT C. PAULSON, JR., Commission
Distribution:
Planning Director
County Counsel
Allan Bruckner
Terry O'Sullivan, Esq.
PAGE -2- ORDER