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30-94-Minutes for Meeting April 04,1979 Recorded 4/4/1979April 4, 1979 Courtday Minutes Courthouse Annex Attendance: Clay Shepard Bob Paulson Abe Young Jack Thornton Mardi Barnes Al Case Leslie Hammond Louis Dvorak Dan Van Vactor Nora Bell Clay Edwards Jonas Hammock Alice Guzman Rita & Dale Korish Bob Pickard Aubrey Fitzgerald Janel Flannery Ken Reinke Dennis Douglas George Cook Howard Dietzel Duane Hodges Ron Hansen La Donna Moore, Secretary vot 30 PAGE 94 Chairman Shepard opened the meeting at 10:00 a.m. with all Commissioners present. First item on the agenda was a minor partition for Charles Everhart. Commissioner Young moved to approve MP -79-50, Charles Everhart. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next item on the agenda was to be the continuation of a hearing on Sunrise Village Sanitary District. Chairman Shepard explained that he had talked to both sides involved in this matter, and they were requesting it be continued at a later date pending further information. No date had been set as yet. Commissioner Paulson made a motion to continue the hearing on the Sunrise Village Sanitary District and suggested April 18 be set on the request of the applicants. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Deschutes County vs. Jan Ward was next. Chairman Shepard explained that the Commissioners had been out to see the area in question after the hearing and were now ready to make their decision. Chairman Shepard read the order, which stated that the nuisance had been removed and they would take no action. Commissioner Paulson made a motion to approve the order. Chairman Shepard seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Next on the agenda was a hearing on MP -78-202, Howard Dietzel. Louis Dvorak, County Counsel, explained that at last Courtday, Terry O'Sullivan, representing Mr. Pickard, had been and and said Mr. Pickard intended to bring a law suit against the County if some action wasn't taken on MP -78-202, on the grounds that the lots created were less than the 5 -acre minimum required. On March 21, 1979, a Notice and Order was sent out and served by the Sheriff on March 23, 1979, on Howard Dietzel to appear at the hearing today. Louis read a letter sent to Mr. Dietzel on March 22, 1979, stating the issues to be heard. Terry O'Sullivan called and said he no longer represented Mr. Pickard, and Mr. Pickard was at the hearing to testify today. Chairman Shepard opend the hearing and Mr. Pickard, 19190 Pinehurst Road, was first to testify. Mr. Pickard said that he was speaking for his neighbors to the east and west of the property in question also. He said that there was a house being built on 4.25 acres next to a lot of similar size. This property was first partitioned in 1977, and then just last year another minor partition was filed breaking this property into two 4.25 parcels. Mr. Pickard said that he felt the Planning Dept. should be given specific directions not to let this happen to other homeowners. . . VOL 30 PAcE 95 April 4, 1979 Courtday Minutes Courthouse Annex Page 2 Dan Van Vactor, Attorney for Howard Dietzel, asked Mr. Pickard if this was his entire case,, and he said that Mr. Pickard had made the allegation that this was an illegal partition. He asked Mr. Pickard what he based that on, and Mr. Pickard said that Phil Paschke of the Planning Dept. had told him it was a 5 -acre minimum. Phil was present and said yes it was and that he had seen the final mylar, and it was less than 5 acres; it was around 4.2 acres. Jonas Hammock, 19415 Pinehurst Road, was next. He said he lived directly north of the property in question, and the only thing that separates him and the property is Hwy. 20. He said that he was upset about the building going on there as this land out in this area is good agriculture land and did not think the County should allow an illegal partition. He said that Mr. Dietzel had indicated to him that he would not subdivide this property. Roland Kickbush, said that he owned 60 acres and felt that the rules and regulations should be followed. He said this land was under farm deferral at the present time, and he felt the law had been broken. Eileen Parrel said she would have been in the notification area had people been notified. She said that we are also talking about an area that is within a scenic corridor. This is an issue that has been totally by-passed by this minor partition and she said she felt this was important to take into consideration. Louis Dvorak said that the issue here was whether or not the partition should be vacated and the "vested rights" of Mr. Dietzel. So far he said he hadn't heard anything of the justification of the court to grant relief and no discusssion of "vested right." Dan Van Vactor, representing Mr. Dietzel, was next to present their case. Dan moved that, based on the evidence that had been presented here, with no burden of proof, the case be dismissed. He went on to say that there had been no evidence that there is a nuisance whatever and there was no evidence that the minor partition was illegal. Commissioner Paulson said that they were there to decide whether or not the parcels were under 5 acres, and if they were, whether they were a nuisance. Two Commissioners decided there was no reason to dismiss the hearing and asked Dan to present his case. Commissioner Young said he didn't think there was evidence presented to warrant the hearing to continue but agreed to go on with it. Dan asked for Barb Taylor of the Planning Department to testify. He went on to say that it was his understanding that if the roads and easements were left in and you have a gross 5 acres then it is a legal partition. He said that if the Commissioners set this minor partition aside, then they will have 500 to 1,000 illegal 5 -acre parcels in this County. He asked George Cook, who did the minor partition, if this was his understanding and George said it was. Barb said that it was her understanding until just a while ago that the lot area included the road and easements. Dan presented a copy of the minor partition with a letter from Barb Taylor saying the lot was approved. The minor a 30 PAGE 96 April 4, 1979 Courtday Minutes Courthouse Annex Page 3 partition dated October 4, 1978 and signed by Commissioners Grubb, Young, and Montgomery was presented and marke Dietzel's Exhibit A. He presented a copy of the survey on record with the County Surveyor and marked with George Cook's certificate as Dietzel's Exhibit B. He presented a petition signed by some of Dietzel's neighbors stating that they were not opposed to what he is doing and this was marked Dietzel's Exhibit C. He said that there was nothing in the order served Mr. Dietzel with regard to tearing down the existing structure. Mr. Pickard had no rebuttal. Chairman Shepard closed the hearing at 11:25 a.m. and said that the Commissioners would take all the infomation presented into consideration and make their decision. Commissioner Paulson asked for April 11 at 10:00 a.m. for the decision, and the Commissioners all agreed. Next on the agenda was an order for the establishment of Chisholm Trail. Chairman Shepard read the order and opened the hearing. Commissioner Young moved to adopt the order, and Chairman Shepard seconded it. Comissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Next was an order for the vacation of 12th St. between "E" and "F" in Terrebonne. Chairman Shepard read the order and opened the hearing. Commissioner Young moved for the adoption of the order. There was no second, and the Commissioners decided that they would like more information before acting on this. Commissioner Young withdrew his motion and the matter was tabled. Next on the agenda was a hearing on Deschutes County Zoning Ordinance PL -5. Louis Dvorak explained that since the original of PL -5 had been lost from the Clerk's Office, we are following the correct procedure according to ORS 7.150. He explained that he made application to the court to which the order belonged. This was verified by an affidavit showing loss or destruction. The circumstances of the record was shown by Exhibit A attached to the application. He presented a true copy of the original and said that comparisons had been made with the documents and amendments that are of record, and it shows that there were no inconsistencies between this document and the amendments of the current PL -5. A hearing was held March 23, 1979, and an order was signed by the Board of Commissioners, which was published as called for. There is now an order before the Board that sets forth the circumstances of something lost or destroyed, and since all conditions were met, Louis requested the Board to adopt this order "nunc pro tunc". Chairman Shepard read the order into the record and opened the hearing. There were no comments, and the hearing was closed. Commissioner Young made a motion to adopt the order with 2 corrections as read into the record. Chairman Shepard seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. Next was the hearing on the Annexation to R.F.P.D. #2 - Hansen. This was the final hearing. Chairman Shepard read the order and opened the hearing. There were no comments, and the hearing was closed. Commissioner Young made a motion to adopt the order. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. • VOL 30 PACE 97 April 4, 1979 Courtday Minutes Courthouse Annex Page 4 Next was the final hearing on annexation to R.F.P.D. #2-Wagonwheel. Chairman Shepard read the order and opened the hearing. There were no comments, and the hearing was closed. Commissioner Young made a motion to adopt the order and Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Commissioner Paulson made a motion to approve an appropration transfer from the Board of Commissioner to the Deschutes County Library from Revenue Sharing - 66-80-334 - for emergency repairs. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. There was no discussion on the Road Department of General Fund Bills. Next on the agenda was a resolution setting a hearing for the vacation of portions of G Avenue, H Avenue, 5, 8th, and 9th Street, Terrebonne. Chairman Shepard read the resolution, and Commissioner Young moved to adopt the resolution setting the hearing for May 16, 1979, at 10:00 a.m. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next were resolutions setting hearings for the establishment of that portion of SW 27th Street, that portion of SW 28th Street, that portion of SW 29th Street, that portion of SW 29th Court, that portion of SW 31st Street, that portion of 32nd Street, that portion of SW 33rd Street, that portion of SW 35th Street, that portion of SW Glacier Avenue, that portion of SW Forest Avenue, and that portion of SW Forest Court, all in Meadowbrook Estates. Commissioner Young moved to adopt the resolutions setting these hearings for May 16, 1979, at 10:00 a.m. Commissioner Paulson seconded them. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. Next on the agenda was an order for the renaming of Carlton Street. Chairman Shepard read the order, and Charlie Plummer, Roadmaster, did not recommend signing the order until he had checked further. Commissioner Young moved to table the matter. Chairman Shepard seconded it. Commissioner Paulson asked that the map be checked to make sure it was signed correctly. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. The matter was tabled. Next was a zone change request. Chairman Shepard read the order for a zone change request for IFM & Assoc. from R -R-1 to P.D. Commissioner Young made a motion to adopt the order for the zone change request. Chairman Shepard seconded it. Commissioner Young voted aye, Chairman Shepard voted aye, and Commissioner Paulson ABSTAINED. Aubrey Fitzgerald said he was here as an interested person to the activities of School District #1. He presented each Commissioner with a packet of information stating the programs to be followed for meeting the growth neeck of the district. He explained just how the programs would work and said that it is the intent of the district to cooperate with the County by verbal, written, and formal meetings. He explained that he wanted to clear up any misunderstanding that may be resulted from the Attorney General's opinion regarding schools. Commissioner Young said that he appreciated Aubrey's efforts in coming in to explain this. Louis Dvorak asked if we could set up meeting with him and members of the school district to fill in on VOL JU PAGE 98 April 4, 1979 Courtday Minutes Courthouse Annex Page 5 the Development Impact Statement. Aubrey said he was sure they would fill in the questionnaire, and Chairman Shepard said he would send a copy. Next was a minor partition. Commissioner Young moved to approve MP -49-79, Al Auzenne. Commissioner Paulson seconded it. Commissioner Young voted aye, Commissioner Paulson voted aye, and Chairman Shepard voted aye. A replat of Sunrise Village. Commissioner Paulson made a motion to approve the replat of Lots 23 through 25, River Bluff section of Sunrise Village. Commissioner Young seconded it. Commissioner Paulson voted aye, Commissioner Young voted aye, and Chairman Shepard voted aye. There being no further business this day, meeting was adjourned at 12:55 p.m. Respectfully submitted, BOARD OF COMMISSIONERS CHA COMMISSIONER CO I S ONER