2007-761-Minutes for Meeting February 12,1979 Recorded 6/19/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKDS Q 200+N761
Y~(I~I~YYIIIIIIIIB 06/19/2007 10:56:19
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
If this instrument is being re-recorded, please complete the following
statement, in accordance with ORS 205.244:
Re-recorded to correct [give reason]
previously recorded in Book
or as Fee Number
and Page
IF
BOARD OF COMMISSIONERS
February 12, 1979 - HEARING ON ROBERT MARR
Chairman Shepard opened the meeting at 2:30 p.m. with all Commissioners present.
Chairman Shepard set down the rules to follow during this hearing. Both parties
were represented by attorneys, and first to be heard was Mr. Harry English on behalf
of Susan White, who wants to move into the mobile.
Mr. English started by saying that the mobile had been moved on to this piece of
property with what she thought was a legal permit. There is a septic tank and electricity
is now available, and Ms. White has now enrolled her children in school in this area
and does not have the money to move again. Skirting has been partially applied, and
landscaping will be done according to regulations. Since there would be no questions
asked if this was a double-wide mobile, Mr. English submitted that there is not that
much difference. This was a valid permit when granted, and his client now has "vested
interest" in the structure. The owner of this mobile, Mr. Marr was here also if the
Commissioners had any questions of him. Mr. English requested the Commissioners to
continue with their prior action and allow this trailer to remain on the premises.
Mr. Jim Drew, attorney for the Stevens', was next and offered exhibits #1 and #2.
Mr. English objected, claiming these remonstrances were not valid at this hearing
today. Mr. Drew said that if they had been grantee an opportunity to be heard January
4 then they would have presented the exhibits then. He said he would offer the exhibits
for the purpose of re-establishing opposition that would have been heard January 4.
Mr. English said it was a moot question and he still objected to these exhibits.
Louis Dvorak, County Counsel, said his opinion was that they should be inadmissible
as we are talking about facts at the time the permit was first granted on Nov. 27, 1978.
The Board of Commissioners ruled this material as inadmissible at this hearing.
Mr. Drew continued with his comments then saying that this has nothing to do with
Mr. White or any individuals. The people within the zone of notification made contact
with the Planning Commission on January 2, and Mr. Stevens talked to Dick Knoll and
voiced his objections. Others telephoned the Planning Commission also and voice verbal
opposition and were told that this verbal opposition was sufficient. He then asked the
Board of Commissioner to refer to an affidavit with the affiant being Dick Knoll.
He read a portion of the Order, a letter of approval was sent to the applicant, and it
was later found that a majority had complained. Mr. Drew went on to say that we now
face what is the most fair and equitable way to remove ourselves from this situation.
If the mobile home and application is denied at this time, who suffers the greatest harm?
County Counsel, Louis Dvorak, said that the problem we really need to be looking at
right now is a legal burden of proff. The applicant was issued a valid permit at the
time. Based on a legal approach to this matter, there has been a failure of burden of
proof.
Mr. English said he felt a solution to this problem would be to let Mrs. White continue
to live here now and then if she moved let it revert back. This will not do any long
range damage to the property owners in this area. Mr. Drew said that this solution would
be unacceptable to his clients. If anything is done on this, then it should revert back
to the original notification process and start again. Mr. English (out of order at this
point) said the original permit was made in November of 1978, and the opposition didn't
develop until the existing trailer was put on the land. At this point Chairman Shepard
closed the hearing.
BOARD OF COMMISSIONERS
February 12, 1979 HEARING ON ROBERT MARR
Page 2
Commissioner Young asked the Planning Commission if the mobile home is on the
property now, and is it the size as was applied for. Dick Knoll said no it wasn't,
the application was for a 14' x 70' and this mobile is a 12' x 45'. Commissioner
Young asked if it was placed where they said it would be and Dick Knoll answered that
it was about the same location but placed differently from what was originally submitted.
It is parallel with Knott Rd. and should be perpendicular. Chairman Shepard asked if
there would have been more objections if it had been known that this was not a 14' x 70'
mobile home. Dick Knoll said that a 12' wide just barely meets requirements, but it
should not have made any difference as to objections. Mr. Drew asked if there as a
date on which a stop-work order was issued, and Dick Knoll said it was issued on
January 2.
The Commissioner will now take this matter under consideration, and a statement will
be forthcoming as to their decision.
Hearing was recessed at 3:10 p.m.
Respectfully submitted,
BOARD OF^COMMISSIONE?S .
COMMISSIONER