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32-150-Order Recorded 8/23/1979A VOL IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR DESCHUTES COUNTY In the Matter of Variance Application ) O R D E R No. V-79-7, Nick Jepson, ) Applicant ) 3 %A50 This matter came before the regular term of the Board of County Commissioners on the motion of Commissioner Shepard on August 22, 1979. WHEREAS: The Planning Director advises that the Soil Conservation Service Soil Survey for the Deschutes Area identifies the land subject to the variance application as having Class IV soils, and it is identified on the zoning map as being subject to the Interim Agricultural Lands Protection Ordinance of 1978, was on farm deferral on September 1, 1978, and therefore is subject to an LCDC order of that date requiring the County to apply the standards of an exclusive farm use zone to the property, and no expert qualified on the record presented evidence that the soil classification was Class VII, and WHEREAS: The application seeks to create three parcels of less than ten acres gross area, and the record does not indicate that any exception was sought to LCDC Goal 3 when it is implicit from the ten-acre minimum set for marginal agricultural lands by the Interim Agricultural Lands Protection Ordinance that lot sizes of smaller than ten acres will not adequately protect agricultural lands, NOW, THEREFORE, IT IS HEREBY ORDERED that: 1. On September / r, 1979, at 10:00 a.m. in the Commissioners' Conference Room, Deschutes County ~o-ur`thouse'Annex, Bend, Oregon, the Board of County Commissioners will conduct a hearing to review the record of variance application V-79-7, Nick Jepson, Applicant, for the purpose of deciding whether to revoke the Hearings Officer's approval of the variance application. 2. A copy of this Order shall be mailed forthwith by certified mail to the applicant, by First Class Mail to his attorney of record, Daniel E. Van Vactor, Esq. Copies of this Order shall also be mailed to all persons entitled to notice in the initial hearing. PAGE -1- ORDER AP VOL U4 fAtf 3. At the review hearing on this matter, all persons with standing as defined in Section 8.000 of County Procedural Ordinance PL-9 may appear and be heard. DATED this ~V_ day of August, 1979. BOARD OF COUNTY COMMISSIONERS AL xf'//4'0 P"- CLAY C. SHE RD, Chairm n /1 a ALBERT A. YOUNG, Commissioner xz~c -zL ROBERT C. PAULSON, JR., Commis , Distribution: Planning Director Hearings Officer County Counsel PAGE -2- ORDER