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2007-1004-Minutes for Meeting August 21,1980 Recorded 6/20/2007DESCHUTES COUNTY CLERKS 1~d ~OY~-1004 NANCY COMMISSIONERS' JOURNAL 06/20/2007 10:02:31 AM 1111111111 IIII II III III 2007-1Do 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 , 'BOARD OF COUNTY C014MISSIONERS AUGUST 21, 1980 - DAILY MINUTES Chairman Young.called the.meeting to order at 10:00 a.m. with,.All three commissioners present. The first item on the agenda was a rehearing for Robert Haynes regarding a denial of Z-80-2. Mr.and Mrs. Haynes applied for a zone change from an SR-20 zone to Commercial zoning. The.zone`change was turned down, therefore they are appealing the case to the Board of Commissioners. Bob Lovlien and Brad Fancher from Gray, Fancher Holmes & Hurley were present to represent the Haynest. Bob stated that the zone change- would be in conformance with the comprehensive plan. He feels that it will become hard to maintain and upgrade the property for its present zoned useage. Bob stated that it zoned as residential but could not see anyone putting a house on the property as both sides of the property are commercial. Brad Fancher stated that the Haynes' are more than willing to abide by any site plan conditions in accordance with upgrading the property if the zone was changed. Mrs. Haynes stated that she felt it was unfair to zone it as SR. She inherited the property from her father and feels it should not go to waste because the property is not zoned properly. If the zone is not changed, they do not wish to put a house on it. Mr. Haynes stated that he does not plan on putting any large operation on this land and does not have anything in mind at present, but does not want the property for residential. Doesn't even feel that it could be sold to anyone to put a house on it. Commissioner Shepard stated that it must be clearly established what the need for the zone change is. Chairman Young stated that he felt this piece of property had been overlooked when the zoning was established in that area. He also didn't feel that the residential zoning of a 300 foot frontage is logical when both sides are commercial. Mrs. Haynes stated that she felt she was being penalized for being ignorant when she and her sister had an opportunity to sell the property for a mobile home park. She felt'"she is going through much unnecessary procedure just to upgrade her property. Commissioner Shepard then stated that he would like the opportunity to do some research on this matter and would like to delay the hearing until September 4. MOTION: COMMISSIONER PAULSON moved to delay the "re-hearing until September 4, 1980. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. The next item on the agenda was a discussion regarding the appointment to the Board of Equalization. MOTION: COMMISSIONER PAULSON moved to appoint Abe Young as Chairman for the Board of Equalization. COMMISSIONED. SHEPARD: Second. The nominations were unanimous for Abe Young. Also needed was one member from the Budget Board to serve on the Board of Equalization. MOTION: COMMISSIONER SHEPARD moved to re-appoint Wallace Cleveland to serve on the Board of Equalization. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER- SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. -1- The next item on the agenda was a discussion with Darold Miller regarding possible waiver of appeal fee to the Planning Department. Darold had applied for a variance and was turned down. He wishes to appeal the matter but feels he cannot afford the $100.00 fee. His income is $345.00 which is received from property he owns and rents. He has high blood pressure, which he states limits his abilities relating to work. Mr. Miller is not employed at the present and has a very limited insurance coverage. Darold requested the Board to consider waiving the fee, as he will not be able to appeal the variance to the Planning Department otherwise. John Andersen, Planning Director, stated that from the prospective of the Planning Department he is sympathetic but feels that since the cutback of employees, the County cannot afford to waive the fee. Commissioner Paulson suggested waiving a portion of the fee. Mr. Miller was questioned as to whether he could afford a portion of the feed. He was unsure at this time as to where the money would come from for even half of the fee. MOTION: COMMISSIONER PAULSON moved to waive half of the $100.00 fee being $50.00,for Darold Miller on V-80-26. COMMISSIONER SHEPARD: second. VOTE C011MISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye. The next item on the agenda was a discussion with Mr. Verkler and Myron Robbins regarding a nuisance complaint. Mr. Verkler lives on Antler Lane in LaPine, 1/2 mile from Burgess Road. A neighboring piece of property is owned by Mr. Valentine and leased to Mr. Hammack, Hammack Trucking. The property is to be used as non-conforming use for the repair of trucks. Apparently, where is-'more to.the operation than simple repair of the .trucks. Trucks drive up and down the road at all hours of the morning and during the night. The speed of these trucks deteriorates the road and the noise wakes the neighbors during the night. Mr. Verkler presented to the Board pictures of this operation and a letter from Magaret Hayden, former Zoning Enforcement Officer for the Planning Department. The letter was to inform Mr. Hammack that the property was to be used as non-conforming use and his operation disturbed the neighbors. Mr. Verkler also presented pictures to the Board showing a sign advertising Hammack Trucking stuck on a pole at the end of the road. Commissioner Shepard stated that is was apparent that from the evidence presented Mr. Hammack was violating his use of the property. The Board will do some investigating on this matter and will notify the parties concerned regarding a date for a public hearing on this matter. The next item on the agenda was the possible signature of "Effective Dates' on Planning, Sanitation and Building Permits. This being the final draft there was no discussion. MOTIO14: COMMISSIONER. Dates". COMMISSIONER VOTE C014MISSIONER COMMISSIONER CHAIRMAN YOU] PAULSON SHEPARD: PAULSON: SHEPARD: AG : Aye. moved to approve the Order on "Effective Second. Aye. Aye. Commissioner Shepard brought to the attention of the Board that he had talked with Chuck Hansen of the Comprehensive Plan Review Committee and they are now ready to get together with the Board of Commissioners to discuss the Comprehensive Plan. Commissioner Shepard stated that the Committee regularly meets on Tuesday nights and asked if it would be possible for the Commission- ers to meet with them on a Tuesday night, possibly September 9, 1980. All three Commissioners stated they would be able to meet with the Comprehen- sive Plan Committee. Commissioner Shepard will check with the committee on a specific date. -2- M Commissioner Shepard then stated to the Board that he would be starting to make rounds to LaPine, Sisters and Redmond in the afternoons to talk with people on a person-to-person basis. Anyone who would like to talk with him would be welcome. Commissioner Paulson stated that it might be a good idea to rotate between the Commissioners and towns. The Board agreed to give the idea a try. Chairman Young stated that he had talked with Pete Hansen, Bend Fire Chief, and that Pete wanted to thank all those who helped with the fire which broke out the afternoon of August 20. The next items on the agenda were for signature: The first. item for signature was MP-79-233, Gordon Davidson, applicant. MOTION: COMMISSIONER PAULSON moved to approve MP=79-233. COMMISSIONER SHEPARD: Second. VOTE COMMISSIONER PAULSON: Aye. COMMISSIONER SHEPARD: Aye. CHAIRMAN YOUNG: Aye.. The second item for signature was MOTION: COMMISSIONER SHEPARD m COMMISSIONER PAULSON: VOTE COMMISSIONER SHEPARD: CO112•1ISSIONER PAULSON : CHAIRMAN YOUNG: Aye. MP-79-74, Charles Church, applicant. Dved to approve MP-79-74. Second. Aye. Aye. The third item on the agenda for signature was MP-79-108, Robert Hewitt, Jr applicant. MOTION: COMMISSIONER SHEPARD moved to approve MP-79-108. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. The fourth item for signature was MP-79-220, Robert Windlinx, applicant. MOTION: COMMISSIONER SHEPARD moved to approve MP-79-220. COMMISSIONER PAULSON: Second. VOTE COMMISSIONER SHEPARD: Aye. COMMISSIONER PAULSON: Aye. CHAIRMAN YOUNG: Aye. The fifth item for signature was MOTION: COMMISSIONER PAULSON COMMISSIONER SHEPARD: VOTE COMMISSIONER PAULSON: COMMISSIONER SHEPARD: CHAIRMAN YOUNG: Aye. MJP-80-16, Lloyd Taylor, applicant. moved to approve MJP-80-16. Second. Aye. Aye, The on the agenda for signature was a request for refund from Rod Jeffrey for $39.00 which is 1/2 filing fee for MP-79-209, because he couldn't affort to make major improvements and wished to disregard his application. Receipt #16030. Being no further business the meeting was adjourned. BOARD OF COUNTY COMMISSIONERS C y". RT A. YOUNG, rFMAei-~~~ A C. 0 C%1MISSIONER.