2007-1073-Minutes for Meeting January 28,1981 Recorded 6/20/2007' DESCHUTES COUNTY OFFICIAL RECORDS CJ 1~~~~1013
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/20/2007 10:42:57 AM
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D'ESCHUTES COUNTY BOARD OF COMMISSIONERS
JANUARY 28, 1981 - REGULAR MEETING
Chairman Paulson called the meeting to order at 10:00 A.M. Both
Commissioners Shepard and Young were also in attendance.
Hearing regard- The date of this hearing had been set by Resolution
ing land exchange #80-229 signed by the Board on the 18th of December,
between Deschutes 1980. Chairman Paulson opened the public hearing.
County and the There being no comments the public hearing was closed.
City of Bend. As there are no objections, the transfer shall proceed.
MOTION: YOUNG moved that the exchange be completed
and that the property be executed in regard
to the City of Bend and Deschutes County
exchange as referred to in Resolution #80-
229. This shall include the exchange of
deeds.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Hearing regarding Hearing was held pursuant to Resolution #80-230
land exchange be- dated January 18, 1980. Chairman Paulson opened
tween Deschutes the public hearing. ~Mr- Russell of LaPine asked what
County and BLM, land this involved. Chairman Paulson responded that
this land included 440 acres in total lying east of
LaPine and some slightly south of LaPine.
Bvron Robin of the LaPine Lions asked if a park
in that vicinity would be affected as a result of
the proposed development of this property to be ex-
changed. Chairman Paulson said it would not.
Rick Isham said that the deeds have been submitted
to BLM for approval and BLM had approved them, how-
ever, the title reports the County obtained were
defective in that they did not show all the excep-
tions. As a result, the County had to submit corrected
title reports for BLM's approval.
Marvin Russell said that it's the best thing that
could happen for LaPine. Floyd Wells of LaPine urged
the commissioners to proceed with the trade.
As there were no further comments the hearing was
closed.
MOTION: SHEPARD moved they approve the trade of the
land as outlined in Resolution #80-230.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Rick Isham stated that the documents of transfer
had been drafted and were very close to the signing.
Page 1 of 5
Deschutes County BOC
Jan, 28, 1981,
Hearing regarding This was incorrectly on this agenda and will be
Redmond Urban Area scheduled on the February 18, 1981 agenda.
Plan and Zoning
Ordinance and
Amendments
Discussion regard-
Continued to this date from a previous discussion
ing Order #80-030
by the Board. This item relates to a pre-existing
in the Matter of
nonconforming use at 52598 Antler Lane in LaPine
Valentine's pre-
owned by Sally Valentine.
existing use of
land in LaPine
MOTION: SHEPARD moved to approve Order #81-030.
YOUNG: Second.
As the order was subject to discussion at this time,
disucssion proceeded. The Chairman opened the dis-
cussion to members of the audience provided that any
testimony given is testimony not previously given.
`BILL VERKLER: He has no objection to the decision
being handed down by the Board with one exception:
the Board had granted this on the grounds that it
was a prior use. In the past the place had never
been used as a rental or a lease operation. He
felt they should not be allowed to lease this out.
The prior use had been owner-operated primarily as
a hobby.
Rick Isham said that ORS 215.130 reads in part
that a change in occupancy or ownership shall be
permitted. It was his opinion that this was entirely
within the scope of the law to lease or sell the
property for this use.
SALLY VALENTINE: She felt that the Planning Department
an the neighboring home-owners had deliberately im-
peded her business operations. She did not think
that the land use ordinances had the capacity to
limit employees of a business. She suggested that
under the. limited storage item that it limit
garage owner operated vehicles to five, and that this
in turn would limit the number of employees as well.
She said storage was limited by LCDC but the employ-
ment level was not. She suggested that once this
matter was decided on the Board advise the neighbors
in turn not to harrass her further. She also suggested
that in the event of any future violation of planning
ordinances, that she be contacted directly by the
Planning Department, rather than them contacting her
tenant. She was not aware of this problem for some
time following its recognition.
Rick Isham said that under ORS 215.130(9) it ad-
dresses how to evaluate prior nonconforming use and
it says that'the prior nonconforming use when it
changes will have no greater adverse impact to the
neighborhood". He said that one sentence is all of
the Oregon statutory law relating to how you determine
the scope and extent of a prior non-conforming use.
Page 2 of 5
e ~
Deschutes County BOC
January 28, 1981
Brian Christensen had done some further checking
under Section 3 of the order. He determined through
the Assessor's records that the square footage of
the building was 2,054 square feet. He said that
there had been a fire in 1978 or 1979 that may have
resulted in increased square footage. He__also said
that in the pasti,there hats-"been no retail sales,
it had been used strictly for auto repair. He felt
this should be defined in the order. There is cur-
rently a useage on the property which involves re-
tail sales. He also felt that it should be stipulated
that there be only one commercial use on the property
and possibly include some statements on signage.
Rick Isham said that signs were a separate question.
If there is no increased adverse impact, then there
is no violation of previous nonconforming use.
There were no further comments.
MOTION: SHEPARD moved to amend the order to have it
read 2,054 square feet under Section 3.A.
and_to provide"that.re_tail sales will not
be permitted and that one commercial use will
be allowed.
Motion died for lack of a second.
MOTION: PAULSON moved to amend the order to correct
Section 3.A, to read 2,054 rather than 2,394
feet.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO,
VOTE ON AMENDED MOTION:
PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO
Continuation of Chairman Paulson read a letter to Rick Isham dated
Order 80-222, January 21, 1981 regarding way of necessity order
Davis vs. Massman #80-222 aloud. Paulson stated that the question that
Way of Necessity needed to be resolved was the legal description for
(Discussion of the road right of way across the property of the
review by Deschutes,Massman's. On January 19, 1981 he obtained from
County Surveyor) James Drew a survey by Norm Newton with a legal des-
cription of the existing road that corresponded with
the way of necessity order.
This matter had been heard in District Court and
at that time the judge had directed the Commissioners
to adopt the corder.
Rick Isham said this matter had been before the
Boar on 7 -previous date and at that time a motion
was made to adopt the order but the motion had died
for lack of a second.
Nellie Massman said she thought Mr. Hoerning would
be present at t is meeting and that it was a matter
of going over the survey. She had photographs of the
Page 3 of 5
Deschutes County BOC
1/28/81
steep terrain which ke tthe second parcel from being
accessible.
Chairman Paulson said that this matter had been
remanded tc t7he board by District Court and the
question was referred to the County Surveyor who
found the surveys in question to be accurate. The
board must now proceed with the order, and that it
is no longer a subject for further debate.
MOTION: SHEPARD moved to adopt Order #80-222.
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: NO.
Other Staff/ Chairman Paulson felt that the appointment of three
Public Concerns individuals to the Home Health Advisory Board needed
to be discussed.
MOTION: SHEPARD moved to
the appointmbnts
Board.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
amend the agenda to include
t.o the; Home,Health Advis-ory
Three persons have been recommended and they are:
Jim Henson of Bend, Frank Marynowic-z of Bend and
Ivan Eastwood of Bend.
MOTION: YOUNG moved that the people suggested by
appointed to the Deschutes County Home
Health Advisory Board.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
For Signature Craig Smith brought before the board for signature
MP-80-59 this minor partition for H.T. Schassberger.
MOTION: YOUNG moved that MP-80-59 be approved.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
For Signature Craig Smith brought in this minor partition for
MP-80-83 signature and approval by the board. This minor
partition was for Eugene Pierce.
MOTION: SHEPARD moved to approve MP-80-83.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
Page 4 of 5
„-Deschutes County BOC
January 28, 1981
For Signature Craig Smith brought before the board for signature
Temporary Plat#593 and approval TP#593 Bradetich Park.
Bradetich Park MOTION: YOUNG moved to approve TP#593 Bradetich
Park.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
MOTION: SHEPARD moved to amend the agenda to
include MJP-80-18 and MJP-79-79.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
For Signature
Craig Smith brought before the board for signature
MJP-80-18
and approval MJP-80-18.
MOTION: SHEPARD moved to approve MJP-80-18.
YOUNG: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
For Signature
Craig Smith brought before the board for signature
MJP-79-79
and approval JUP-79-79.
MOTION: YOUNG moved to approve MJP-79-79.
SHEPARD: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
YOUNG: AYE.
The Board recessed to go into Executive Session.
Following Executive Session, the regular meeting resumed at 12:00 noon
with Commissioner Paulson and Commissioner Shepard present. Commissioner
Young was absent.
MOTION: SHEPARD moved that the County not take any
legal action regarding the Frank Dean case
and directed County Counsel to write a_l~_=er
__to George_Forrest reDresentinR neighbors of
im of the Board's decision.
Mr. Dean advising him__
PAULSON: Second.
VOTE: PAULSON: AYE.
SHEPARD: AYE.
Commissioner Young
had expressed like
was not in attendance but
sentiments.
Being no further business, the meeting was adjourned.
BOARD F COUNTY COMMISSIONERS
BERT C. P ON, JR., ,CLAY C. ONER
Page 5 of 5
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ALBERT A. YO SSIONF