32-271-Order Recorded 9/11/1979'r
VOL 32 PAGE 271
=10111: OF
In e t1jo ?tatter of:
pado~ crest Acres
PP=32b
(,Forge `v` right and Lois Wriyhr, by an(a through their attorney,
respectfully move the i3oard of Coitunissioners for a second one-
year e,-,tension of time to complete t"rnc:r final apor.oval of P--326.
he reasons for the request and the authority therefor as
iIxhibit "A" is made a part hereof.
':.his matter came before the. Co:cmtission on Septa i-I.)er 5,
1979, wherein the facts were discussed by applicant and his
attorney.
lased on this motion and the findings attached, it is hereby
ordered that iieadowcrest 7~cros, PP-3216, be granted a second
one--year extension to expire Nover~Der 25, 1980, during which
time the applicant may complete final subdivision plat
approval.
Ar2EF) this day of S~ ~I ~iwt b_ ► 1071).
7
.oTIO v AND ORDER
% .
111-31 "_a VOL 32 PACE 2 ! 2
Findings of. fact
In ?e: Meadowcrest =Acres--PP-326
George and Lois Wright applied for and we.ro granted.
preliminary plat approval for PP-326 on or about Ila.y 25, 1977.
This land use application approval was appealed by the Orec;on
,enartment of rish « Wildlife on or about Jul_v ')0, 1977. The
clatter remained before LCnC and was not finally disposed
of until April 27, 1979. (Sae order attached hereto and made
a part hereof.) The preliminary plat approval wa extended.
'lover,ber 25, 1?73 by the Deschutes County Tlearin(!s officer
until 'Ioverber 25, 1979. The applicant heroin requusted,
but w7a5 denial, a variance to the paving require:xnt for
primary access. The reason for the, requc st tiaa:> that primary
access is through a pre-existing sul)(iivision with su'-)standard
roads. It had been customary in the east to ol0tain a variance-.
under such facts.
Based upon the facts rc:citr-d above,, the 3oard finds:
A. That there are special circumstances or conditions
affecting the property that do not normally ap-)l.y to other
oronerty and that such circumstances or conditions hake, it
impossible or impractical to comply with the or6inance.
'3. "Zat th,, excoption is n(.-!ccssary for till proper design
and/or function of the subdivision.
VOL 32 PAGE 273
r, That the granting of the exception will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated.
D.. That the granting of the exception is in accordance
wit T,, the ournoses and ohjoctives prescribe. in Articl= 1 of
'?esc_iutes County PL-2.
11. That the exception is necessarv for t`~e preservation
anc' r_,njoyment of a substantial property right because of an
extraordinary hardship which would result from strict corpliance
with the regulations of Deschutes County M,-2.
Conclusions of Law
1. The Deschutes County Hoard of Comr¢issioners has
Ei-xclusive jurisdiction ovt;,r land u3e actions in Deschutes
County, Oregon.
2. Thr granting of the extension to PP-;206 is a land
use action and is in con orioance with all applicable state
and local ordinances govnraing said actions.
d XIII.C IT "A"