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2007-826-Minutes for Meeting September 06,1979 Recorded 6/19/2007FICIAL NANCYDESCHUTESBLANKENSHIPCOUNTY CLERKS Q 2007426 COMMISSIONERS' JOURNAL 0611912007 11;20;05 AM II 111 11111 1111111111111111111 2 0 -82 Do not remove this page from original document. Deschutes County Clerk Certificate Page c 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 BOARD OF COMMISSIONERS September 6, 1979 - DAILY MINUTES Chairman Shepard opened the meeting at 10:00 a.m. and asked if anyone had a small item they would like to bring forward that was not on the agenda. Eileen Donaldson came forward and asked the Chairman if she could go ahead with her specifications for a wheel chair lift. Chairman Shepard told her yes and she left. The first thing on the agenda was the case of Carroll Pitts . Ms. Hayden from Planning said that the Pitts case was a zoning violation as to where the airport they had built is. Ms. Hayden presented her point and brought forth all the orders, and advisements given to Mr. Pitts. Ms. Hayden said that Mr.Pitts had been given a stop work order; at the time that the order was given the building was completed. The building was providing housing for an airplane without a building permit. Commissioner Young asked if such a building needed a permit if it was not for human inhabitance. He was told that it does require a building permit. Ms. Hayden went on to say that the airstrip was in violation of zoning laws as it was not supposed to be in an A-1 zone. In June 1977, Mary Gurud applied for a conditional use to build a private air- strip. A hearing was set for June 1977, June 20 the conditional use request was withdrawn by Mr. Gurud. Based on the fact that a conditional use was not granted Ms. Hayden placed a stop work order on August on the Building. Mr. Monroe stated that a legal opinion from a district office was in hand and asked that it be read out loud to the hearing: June 6, 1978 To Bill Monroe from William McKann Deputy District Attorney It starts out reading that the Deschutes County Ordinances do not provide for private airports. Section .2.10.05 a lot may used or a private lot may be used. Any use of a lot in an A-1 zone is in violation of the zoning laws. Mr. Pitts went in.to see Planning and asked why the stop work order was given to his building and when told that he could not have an airport in an A-1 zone, asked for a hearing before the Commissioners which took place September 6, 1979. Mr. Douglas C. Brown attorney for Mr. Pitts, Mr. Gurud, Mr. Wilhelm and Mr. Mitchell, Mr. Brown presented his Side to the Commission with aid of an aerial view of the airstrip and placing the strip in the Commission's minds. Mr. Brown read some legal paragraphs to help the Commission make up their minds. Mr. Brown said that Mr. Pitts has had an okay from the FAA in Seattle Regional office. Mr. Brown stated that there had been no citizen complaints to the effect the noise level was having on them. FAA only made the okay for the determination, of air space not anything on the ground. Mr. Pitt got FAA approval before he got state approval as he was told he would have to do. Discussion followed as to what the building was to be used for and what would be housed in it. Commissioner Young made the comment that in that regard he felt that the building was legal. Charman Shepard made a motion to declare the air strip in violation of the County ordinance and zoning order and request that the Board take the matter under advisement.. The.Board asked Lou Dvorak to give them a reco- mmendation as to what they should and can do. Commissioner Paulson seconded the motion. Commissioner Young-stated "that hd..did: not -believe, the, Pitts-:ito be ":n ;vao at do of the 4.0nirig -drdinance.:.. Hd fe1t.-that:..sinae 'the: County_V.oul&'not give'peimis'sioi'(for ,the .air- strip;,.-the Pit°ts-,merely went to the State to get that permission. On that basis, Comm- issioner Young did not vote aye to the proposed motion. Commissioner Young--no, Commissioner Paulson--aye, Chairman Shepard--aye. 1 Next on the agenda was Bob Martin's Forest Service Silviculture Lab Presentation re Wild Fires/Subdivisions. Present were: Bob Martin, BIll Smith, Mike Oxman and John Jackson.The main problem that these gentlemen wanted to address is the following: that there may be a fuel type problem concerning some fires that took place, but they wanted to work more on the preventative angle than the fires that had happened. The amount of some fuel in some places; fuel reduction would be a good remedy to tome of the fire prevention. Another problem is the different agencies; that take control and let everyone know what they are. Commissioner Paulson asked the gentlemen-if they would like to get together with the Planning department or get_~atbgether':with one or all three of the Commissioners to brainstorm some ideas to act upon this problem. Commissioner Paulson volunteered to be the spokesman and get the group back before the Board. Next on the agenda was a hearing of MP78-198 James C. Stafford with Dan Van Vactor as counsel for Mr. Stafford. Mr. Stafford had':a.minor land•.partition:`i.n which the partition stated that the partition was located in the RR-1 zone. Planning Depratment signed it off on August 13,1979 and the County Sanitation signed it off some time in May. It came before the Board of Commissioners some time late in August. The board has taken no action to sign the Minor Land Partition. This above.infofmation was given.to'-the Board.by Lou Dvorak. Mr. VAn VActor at this time made his statements regarding his clients: Mr. Cecil Stafford, Mrs. Shirley Defo, and Mr. Graves as surveyor for the property involved. Mr. Graves also submitted the original application. Mr. Van Vactor, after a lengthy presentation and discussion asked -that-exhibits 1, 15, andTal9:`_bessleftcoutlof >the,-(~ourtn(Eileiiforlthdsr:cage.`loAfteichoine. deliberation from the Board:, it_;kas moved thysCotuftissibner,,,.Youngs)that ofhe,aboven ddcunn&nts~_belexcluded from the file. Motion died for lack of a second. Commissioner Paulson moved that exhibits 1,15,19 be accepted as part of the official file. Chairman Shepard seconded the motion. Commissioner Young voted no, Commissioner Paulson voted aye and Chairman Shepard voted aye. Motion carried. Recess until 3:00. Chairman Shepard reopened the meeting at 3:05 with the statement that some gentlemn were waiting for some plats so if the body did not mind the Commissioners would dis- cuss and approve some plats before going on with the hearing. MP-79-110 Barney-- After looking at the plat and discussing it with the two other commissioners, Commissioner Young moved to approve plat number MP 79-198 Barney. Commissioner Paulson seconddd the motion. Commissioner Young voted aye. Commissioner Paulson' voted aye and Chairman Shepard voted aye. Motion carried. MP 79-109 Bowen-- After looking that plat over, Commissioner Young made a motion to approve the second plat. Chairman Shepard seconded. Commissioner Young voted aye. Commissioner Paulson voted aye and Chairman Shepard voted aye. Motion carried. Chairman Shepard reopened the hearing of MP 78=198 - James C. Stafford. Mr. Van, Vactor has• te4uested---that-~Bi114Monroe. director-of the Planhing~-Commissiori(:tbeopr6sent tQ-..ariswer:-questions relating to-the:-case. Mr. Van Vactor asked Mr. Monroe if he could get some examples of minor and major land partitions for the Board to review if they felt it necessary. Mr. Monroe complied with some preliminary land partitions and some finial partitions. Those file numbers are as follows: MP-78-201, MP-78-200 and MP-78-199. On a decision from the Board the above files were not made a part of the record for the Board to refer to., The vote was as.follows: Commissioner Paulson--no, Commissioner Young--no and Chairman Shepard--no. Mr. Van Vactor also asked the Board to try to resolve this case with no further lawyer inference. Mr. Van Vactor felt that the case was costing his client much more than he should have to pay. Mr. Dvorak said, when asked for council, that he could give the Board a recommendation and the Board could then mct asthey saw fit. Commissioner Paulson felt that it was a good idea that the Board get on with their decision in the matter. Commissioner Paulson felt that the Board should set a date as to when the Commissioners could hear testimony from the staff and others prominent to this case. 2 1, o Plat #355 Stevenson Ranch--five parcels were divided subject to the basic facts outline by the staff in the evidence presented by the applicant. Commissioner Young moved to approve plat #355 Stevenson.Ranch based on the variance allowed.by the Planning Commission. Commissioner Paulson seconded the motion. Commissioner Young voted aye. Commissioner Paulson voted aye and Chairman Shepard voted aye. Motion carried. At this point Chairman Shepard asked Mr. Wan Vactor if he had any further evidence or argument. Mr. Van Vactor said he would like the opportunity to have Mr. Stafford tell the Board in his own words just how the situation affects him. Mr. Stafford said that he had talked to the Planning Commission about how he should go about getting a minor land partition. When asked by Commissioner Paulson if he had legal counsel, Mr. Stafford said no. He.left it up to the Planning Commission to tell him what he should do in order to get this partition. Commissioner Paulson stated to Lou Dvorak that he felt if B'osfdi.hadS`detertnined that the application was in violation and should not be approved would there be an option for Mr. Stafford? Also would consideration be made to the fact that Mr. Stafford did try to do everything that the Planning Department told him must be done in order to get his land partition approved? Lou did not wish to elaborate on that fact; he did however, offer to xerox a case very much like the one the Board had just heard so that the Commissioners could draw their own conclusions. Chairman Shepard asked if there were any more questions of Mr. Stafford from anyone. Since there was none, Chairman Shepard suggested that the Commission adjourn the hearing and take time to review the record and come to their conclusions. A motion was made that County Counsel be given three separate actions from the Commissi otters, at which time Counsel would put all three opinions into one action. Chairman Shepard told Counsel that each Commissioner would review the material related to this case and write their own separate orders which would be given to Counsel to put together into one order. Lou Dvorak stated later in the record that this action was implied throughout the case as to what.laction would be taken. Commissioner Paulson suggested that a date be set for the decision to be made. The 13th of September was discussed as being the said date for the decision to be written up by the Commissioners, Monday, September 17, 1979 as being the date that Lou Dvorak would have the written order drawn up for the Commissioners. Hearing was closed. John Anderson came into the meeting at this time to discuss with the Board the work that he is doing with the Planning Commission. After discussion with John, the Board ifound,outothat°the,P,latining. Comutissioti, does'l.iiot.'fe'ell:thdt., it',has-,been.g-ivenT-suffitieiit timj '.tooTeview'_thetpub iic,testimbny 'arid, th'e .ordinance;s.C:.Tht-Commissioi~'.ailsolfeels ,that n£ :tubre tiine~ were giVr&n`:zo': fhetti:ithey ;night be able to do a better job of reviewing the above. After discussing this with John Anderson and listening to the possible schedule he outlined. The Board decided to give Mr. Anderson until October 11, 1979 instead of the original October 4, 1979 date. Commissioner Shepard asked if the Planning Commission had any idea on how much time they wished to be given. Mr. Anderson said no. The Board gave the Planning Commission until October 20, 1979 to finish its review. There being no further business this day, the meeting was adjourned. ABE YOUNG, Commissio r 7 3 RnARn nv rnMMTSSTnNFRS .