2007-1038-Minutes for Meeting November 06,1980 Recorded 6/20/2007FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY CLERKDS CJ 2001_1031
COMMISSIONERS' JOURNAL 06IZOIZOO7 lO;3Z;46 AM
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BOARD OF COUNTY COMMISSIONERS
NOVEMBER 6, 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 a zoning problem
with Dave Luther. This matter had been presented to the Board at an earlier
date resulting in a further investigation of this zoning problem by Rick
Isham, County Counsel. Rick stated that the one acre parcel was originally
zoned C-1 and had commercial uses as a miniature golf course. This parcel
was rezoned on November 1, 1979 to MUA, Multiple Use Agriculture. Mr. Luther
had purchased the property in July of 1979 prior to the rezoning to MUA.
Mr. Luther has submitted a site plan to the Planning Department for a skating
rink on this piece of land prior to the rezoning. The site plan was approved
by the Planning Department subject to two conditions. One condition was that
there would have to be a turning land off of Highway 97 at the entrance to
the proposed rink. Mr. Luther stated that he has tried to get compliance with
the State Highway Department on this turning land, but the only way he can
get obtain this turning land is to fund it himself. Mr. Luther stated that
he cannot afford this project at this time. Rick. Isham stated that under the
new MUA zoning on this land, Mr. Luther can still use the property as a skating
rink, but only if he would fund:,the turning lane required by the State.
Mr. Luther has requested the Board to return the property back to C-1 zoning.
Rick stated that there is no longer a C-1 zone or any other zone designated
for commercial use outside the urban growth boundary. The only possibility
of a commercial use type zone would be "RSC" Rural Service Center. It was
also noted that this land could not actually be classified as a rural service
center as it is only one acre in size. Mr. Luther stated that it is not fair
for him to have to put up with the downzoning and not be compensated for it.
He feels that this was a mistake to zone this MUA. Commissioner Shepard
stated that a mistake is interpreted differently by different parties concerned.
Commissioner Shepard does not feel it was a mistake as the rezoning was
considered through many workshops and was deliberately voted in as MUA zone.
Chairman Young did not agree and felt that there should be some action on the
part of the county to compensate Mr. Luther for his problem. Commissioner
Paulson agreed with Commissioner Shepard and stated that he understands Mr.
Luther has this problem, but that others in the County have the same problem
and are not getting compensation. Chairman Young entertained a motion to
have the County initiate an application for a zone change for Mr. Luther to
zone his land RSC. Both Commissioner Paulson and Commissioner Shepard felt
they could not make this motion as they did not believe the County should
make this change.and did not have any justification for this change. Chairman
Young related to Mr. Luther that since the county will not initiate the zone
change or waive his fees for a zone change, that he must go about applying
for a zone change himself if he chooses to do so. Chairman Young told Mr. Luther
that he was sorry the County could not do anything for him, but that he was
definitely in favor of helping Mr. Luther.
The next discussion was in regards to a variance application for Valerie
Smith. At the time Ms. Smith built her house, the setback was 50 feet.
The house was constructed 60 feet back. The current setback is now 100 feet.
Ms. Smith wishes to create additional living space on the house along side
the setback line of 60 feet. Since the setback has been changed, Ms. Smith
needs a variance to expand along the setback line of the previous 60 feet.
The question before the Board was that of whether a variance application would
be needed to expand along the 60 foot where the house is already built due
to a change in setback requirements.
MOTION: COMMISSIONER PAULSON move
situation must require a
proceed with the variance
Motion was lost for lack of a second.
d that the Board acknowledge that this
variance and that the applicant
application procedures.
MOTION: COMMISSIONER SHEPARD moved that the Board rule that a variance
is not required for the subject instance on this particular
piece of land.
CHAIRMAN YOUNG: Second.
Commissioner Paulson stated that there is no question in his mind that this
action would require a variance. County Counsel, Rick Isham, stated that
Section on variance procedures in PL-15 states that expansion to non-conforming
structures are permitted within the setback area. Rick feels this would be
considered a non-conforming structure as it complies with outdated setback
standards. Commissioner Shepard stated that this may set a precedent and
by the Board for'expansions along building lines which will relieve people
from going through the process of applying for a variance. Rick Isham stated
that Commissioner Shepard cannot make a motion which is site specific, refering
to a particular "'instance".
VOTE COMMISSIONER SHEPARD: NO
COMMISSIONER PAULSON: NO.
CHAIRMAN YOUNG: YES
There was a general discussion.on possibly changing the Ordinance to reflect
that non-conforming uses do not require a variance to expand along the setback
line if the structure was formed prior to a setback change. Commissioner Paulson
suggested that Rick Isham draft up a section or change in this ordinance to
comply with this suggestion for the Board's review. Commissioner Paulson also
suggested to Ms. Smith that she hold off on applying for a variance until
this draft is completed so she would not have to apply for the variance.
Ms. Smith thought this was a good suggestion and thanked the Commissioners
for their attention to her problem.
At this time Commissioner Shepard noted for the record that Chairman Young
is a supporter of "Superman", wearing a Superman ballpoint pen in his pocket.
Commissioner Shepard brought to the attention of the Board that there is a
gentleman representing the Lyon's Club who wished to put in a ball park on
the industrial property in LaPine owned by the County. Commissioner Paulson
stated that the County is breaking their necks to find industrial land for
them, why should they put in a ball park there. Chairman Young as well as
the other Board members suggested the possibility of finding some other land
for the ballpark. Commissioner Paulson stated that LaPine Industrial would
like to get going on this deal as soon as possible and asked the other Board
members to review the matter for further discussion.
For signature was PIP-80-73, Tom Pickett, applicant, including a Declaration
of Dedication.
MOTION: COMMISSIONER PAULSON moved to approve MP-80-73 and accept the
accompanying Declaration of Dedication.
COMMISSIONER SHEPARD: Second.
VOTE COMMISSIONER PAULSON: AYE.
COMMISSIONER SHEPARD: AYE.
CHAIRMAN YOUNG: AYE.
At this time Craig submitted a financial partition for Wayne and Melissa
Christensen for security interest purposes.
MOTION: COMMISSIONER PAULSON moved to approve thesubject financial
partition.
COMMISSIONER SHEPARD: Second.
VOTE: COMMISSIONER SHEPARD: AYE.
COMMISSIONER PAULSON: AYE.
CHAIRMAN YOUNG: AYE.
Tax Refund Order #80-231 for $341.35
was submitted for signature.
MOTION: COMMISSIONER PAULSON m
COMMISSIONER SHEPARD:
VOTE COMMISSIONER PAULSON:
COMMISSIONER SHEPARD:
CHAIRMAN YOUNG: AYE.
to Malvin Hanna due to a clerical error
oved to approve Order #80-231.
Second.
AYE.
AYE.
Being no further business, the meeting was adjourned.
C
TO-BERT C. PAULSO R., COMM 0 R
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BOARD OF COUNTY COMMISSIONERS