2007-1017-Minutes for Meeting September 23,1980 Recorded 6/20/2007COUNTY
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COMMISSIONERS' JOURNAL
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BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 23, 1980 - REGULAR MEETING
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 discussion regarding possible violation
of the RR-10 zone in LaPine. Chairman Young opened the hearing to the
public for comment. The following gave testimony:
BILL VERKLER: Mr. Verkler stated that he owns property 140 feet from
Antler Lane and represents.-other property owners on Antler Lane. The
complaint relates to the operation of Hammack Trucking on Antler. Mr.
and Mrs. Verkler appeared before the Board at a previous meeting and was
asked to submit a petition against this particular operation. Mr. Verkler
submitted his petition. He also submitted pictures of the advertising for
Hammack Trucking. The property is zoned RR-10, but is being used as
commercial property. The previous owners of the property applied for a
non-conforming use to the RR-10 zone and was approved. Many heavy trucks
and equipment use this road constantly and tear it up, also stirring up
dust and making noise during the entire night, as stated by Mr. Verkler.
Mr. Verkler also stated that there are now 2 mobile homes on the property
and a travel trailer, in addition to the garages. One of these mobiles
is rented to a well-drilling outfit.
SHERM ROBINEAU: Mr. Robineau stated that he has put in many hours of
work and money in grating the road to keep it accessable.
MRS. ELMER SHERMAN: Mrs. Sherman was in question as to what the actual
operation which was taking place on this piece of land is.
The land is being used as an automotive repair. The previous owners had
a non-conforming use to allow a radiator shop on the property and in the
event it was sold, the use would be allowed as long as it did not expand.
CLIFFORD LAGRIDE: Mr. LaGride stated that the road is not kept up by the
County and to keep it accessable it must be grated by the adjacent property
owners. He has bought tractors to help Mr. Robineau grate and maintain
the road. He also stated that when he bought the land he purchased it for
a retirement home. He doesn't feel it is the ideal retirement home any
longer as the equipment and trucks keep him awake during the night and
early in the mornings.
MRS. LYLE VALENTINE: Mrs. Valentine and her husband own the property under
discussion. They rent the garage to Hammack Trucking and the mobile to
the well-drilling outfit. When their property was purchased, Mr. Monroe,
former Planning Director, verified that the commercial use could be used
on this land. After a month from closing date the Planning Department
called the Valentines and notified them that they were violating the zoning
ordinance. After talking with the Commissioners, Bob Montgomery, former
commissioner, called Mrs. Valentine and stated that the operation could be
used legally under the previous non-conforming use. Mrs. Valentine stated
that she and her husband have put a lot of money into this property and have
rented the land to commercial businesses in accordance to what the real
estate and County told them at time of purchase.
MR. VALENTINE: Mr. Valentine stated that he bought the property to operate
as it is and would not have purchased it if he couldn't use it to rent to
these commercial businesses. He also stated that their lot is right next
to Hammack Trucking and the noise doesn't bother them and that the trucks
do not use the road during the night.
,t MR. VERKLER: Mr.. Verkler stated that the Planning Department does not
have any written record that the property in discussion has a legal
non-conforming use, conditional use or commercial use for the present
operations.
MRS. ROBINEAU: Mrs. Robineau stated that the trucks do occasionally use
the road during the night and is disturbing to the neighbors.
Brian Christenson of the Planning Department staff stated that no conditional
use should be allowed in this zone for commercial use as the zoning does
not call for conditional uses. Commissioner Paulson read a letter that
stated that-the property has a non-conforming use for the previous owners
and if sold could still use non-conforming use if the actual structure was
not expanded.or enlarged. Commissioner Paulson also suggested that because
new material has been submitted and because it is not known whether there
is a non-conforming use or conditional use legally allowed, that the decision
should be postponed. This was the concensus of the Board and the Planning
Department will notify Mr. Verkler and Mrs. Valentine when decision will
be made.
The second item on the agenda was a Declaration of Dedication from Chester
and Virginia Bradley to grant easement to County for roadway purposes.
Neil Hudson has recommended accepting this easement.
MOTION: COMMISSIONER PAULSON moved to accept the Declaration of Dedication.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item presented to the Board was a Resolution adopting the Ballot
Title for the November 4, 1980 election. This Resolution #80-205 calls
for a tax base election to establish a new tax base.
MOTION: COMMISSIONER PAULSON moved to approve the Resolution #80-205.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Next item on the agenda was Resolution #80-206, approving the contract
for the paving of Arnold Market Road.
MOTION: COMMISSIONER PAULSON moved to approve the Resolution #80-206.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
Another Resolution transferring an appropriation of general funds within
the County Family Counseling Department was submitted for signature.
MOTION: COMMISSIONER PAULSON moved to approve the Resolution.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
The next item before the Board was an order relating to the load limit
on Lazy River South Bridge after maintenance is completed. Neil Hudson
stated that after recommended improvements are made to the bridge the load
limit can be raised from 4 tons to 14 tons.
MOTION: COMMISSIONER PAULSON moved to approve the Order.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
e _
The order was not signed as a new draft must be made with changes for
later signatures.
Request for Refund #18661 for $78 for Tumalo Irrigation District was
approved as minor partition work was not done.
Request for refund 420661 in the amount of $100 for Mary Knorr was approved
as an appeal was applied for then a compromise was reached before the hearing.
Request for refund 420562 in the amount of $60, partial payment of $80.,
for Louis Birrenkott was questioned by Commissioner Paulson as some work
was done but the hearing had not been held. The amount to be refunded is
$60., but Commissioner Paulson thought more than $20. of the work had been
completed. Brian Christenson from the Planning Department was consulted
on this and suggested that the $60. was adequate. The Board approved the
refund.
Rick Isham presented to the Board a discussion regarding an easement which
was to have been dedicated on Denser Road from the Garsky and Fisher land.
When granting the partition, the easement was to have been dedicated and
has never been done. Rick has checked with the Surveyor and stated that
it has Never been filed, but does show on the Assessor's map. Rick stated
that Mr. Garsky is requesting $1500.00 for the easement. The county at
a previous time offered him $900.00 stated Neil Hudson of the Public Works
Department. Rick Isham recommends working out something with Mr. Garsky
and dealing with Fisher later. Neil Hudson and Rick Ilsham will be working
on this matter for final decision.
Being no further business, the meeting was adjourned.
CLAY
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R BERT C. PAULSON, JR., COMMISS
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BOARD OF COUNTY COMMISSIONERS