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2007-1209-Minutes for Meeting April 27,1982 Recorded 6/20/2007COUNTY OFFICIAL PT NANCYUBLANKENSHIP, COUNTY CLERKDS vv 2007.1109 COMMISSIONERS' JOURNAL 06/20/2007 11;50:48 AM 111111111111111111111111 111III 2 07-1206 Do not remove this page from original document. Deschutes County Clerk Certificate Page G 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 , .w.. - ! DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting Chairman Shepard called to order the meeting of April 27 and 28, 1982 at 10:00 a.m. Tuesday, April 27. Commissioner Paulson and Commissioner Young were in attendance. Chairman Shepard noted that he had one item to be included as an,,amend- ment to the agenda, that having to do with the credit card situation. Public Hearing: Chairman Shepard stated that this public hearing is in Wickiup consideration of a zone change. He suggested a time Junction Plan limit for testimony at the end of which the oral presen- Amendment and tation will be closed and written testimony will be Zone Change accepted until 4 p.m. Thursday, April 29. Dan VanVactor, attorney for Warren Kramer and Wayne Roan, stated that he had some procedural exceptions to make before starting the hearing. He expressed an objection having to do with the procedure requirements under PL-15, the zoning ordinance for Deschutes County. Mr. VanVactor stated that the Deschutes County Commission has not initiated an action for a zone change or a map amendment. He noted that that action would have to be taken before holding a public hearing. Rick Isham, County Counsel, stated that Ordinance PL-15 doesn't require an application by the Board of County Commissioners, and since post-acknowledgment, the condition precedent to initiation of the changes submitting it to the LCDC for the 45-day review period. He noted that the purpose of this hearing is to determine whether or not to consider such an amendment for submission to LCDC. He stated that this hearing is a preliminary to starting the actual initiating stage which is filing an intention to make the change with LCDC. Mr. VanVactor stated that if the hearing is for the pur- pose of making a determination on whether or not the Board should make an amendment, he had no objection to proceeding with the hearing. John Andersen, Planning Director, stated that an error had occurred in the zoning of the land in the Wickiup Junction vicinity and as a result of that error, some land had been divided by a zoning boundary that was originally subdivided for a residential area. Mr. Andersen explained that this had been brought to the attention of the Planning Commission by the Assessor's Office and the Planning Commission asked the Planning Staff to investigate the situation and report back. The Planning Staff reported to the Planning Commission Page 1 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting that an error had occurred and the Commission chose to have a public hearing on March 24, 1982. The Planning Commission's recommendation was that Deschutes County should amend the Comprehensive Plan and County zoning ordinance to reflect the proper RSC Boundary and to change the zoning from RSC to Rural Residential (RR10). Mr. George Read, Planning Staff, read the initial Staff report as presented to the Planning Commission at the March 24th Hearing. He noted in this report that the error in zoning involves nine lots, the current zoning boundary follows the 4 section line and not the lot line. Mr. Read noted that the Staff's conclusion was based upon the Land Use Study - there appeared to be adequate avail- able commercial land, the use of the 4 section line in the subdivision appears to be in error because it did not follow the existing commercial line. He indicated the Staff's recommendation is to change the zoning from RSC (Rural Service Center/Commercial) to RR10 (Rural Resi- dential) to more appropriately reflect the uses that were intended when the subdivision was platted. Mr. Read noted that the subdivision was originally platted as a residential subdivision, zoned A1T (Agricultural zoning) which allowed one-acre lots to be created subject to certain conditions. Mr. Robert Greenstreet of the Assessor's Office, presented to the Board the maps that the Assessor's Office worked with in transferring the zone lines. He indicated that when working with the errors discovered in transferring the zone line maps in the September 1980 update to the Comprehensive Plan, one was missed. He then told the Board of sales on record of surrounding property which indicate that the lots are selling for residential values. dhairman Shepard noted that this completed the Staff report. He indicated that the issue before the Board is shall the proposal be sent to LCDC or not. If it is sent, serious consideration has to be given to changing the zone; if it is not sent to LCDC, there is nothing further. Mr. VanVactor stated that his clients are objecting to the idea that a plan amendment or zone change should be initi- ated by the county. He outlined on the blackboard the current layout of the area in question. He stated that removing the land from its current zone classification would work against the purposes under which the original plan was adopted and acknowledged which was based on inventory and need. He noted that the inventory and need were adopted by the Board and acknowledged by LCDC. He stated that if this is to be changed, the Staff has a burden of proof to show that there is adequate land in the LaPine area for development. Page 2 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting Marvin Hansen, attorney representing Claude Raver and Dick Bouffard - LaPine Electric Company owners, stated that his clients did not want a change made on their property. He stated that their position is that no mistake was made, and that the line remain exactly where it is. Mr. Hansen questioned Gordon DeArmond, a realtor in LaPine, regarding the value of the lot and the value if there would be a zone change. Mr. DeArmond stated that the purchase price would be $39,000 if zoned commercial, and about $6,500 if zoned residential. Mr. Hansen stated that he felt the Board had three alternatives: 1) leave it the same, 2) change it to what the Staff wants, and 3) change the line to Drafter Road. Mr. C. E. Thompson and Ms. Betty Ahern also spoke to the Board in support of leaving the line where it is. Chairman Shepard stated that since there were no further comments, the hearing would be closed. The written testimony will be received until 4:00 p.m. Thursday, April 29th. Approval of Chairman Shepard stated that the Board had been requested Initiative to act on a recommendation having to do with an initiative Petition for petition. He noted that a group is attempting to get an Oregon Nuclear item on the ballot for the people of Oregon in regard to Weapons Freeze urging a mutual freeze on nuclear weapons development by Campaign the governments of the United States and the Soviet Union. MOTION: PAULSON.moved that the Board recommend the proposal. SHEPARD: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Discussion Caryn Throop, Curator of the Oregon High Desert Museum, regarding Sign requested from the Board a speed-up in the normal Permit for process of the variance application so their hearing Oregon High can be on May 25th and a reduction of the $260 fee for Desert the variance application. Museum John Andersen indicated he had spoken to the Planner doing the staff report and felt it would be possible to be ready by the 25th. He also stated that the fee could be reduced to $144 rather than the $260. Rick Isham noted there would be a 15-day appeal period after the hearing. John Andersen stated that they could proceed with the construction of the sign at their own risk and if there would be any complaints, the sign would have to come down. Page 3 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting MOTION: YOUNG moved that the Board recommend that the Planning Department move up the hearing to the May 25th date and the fee be reduced to $144. PAULSON: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Public George Read, Planning Staff, stated that this matter Hearing: is of a variance from the 100' river setback which Pruitt was denied by the Hearings Officer. The decision was Variance reversed by the Planning Commission, and, based upon (V-81-12) a request by the Board of Commissioners, was called up to be heard by the Board. Mr. Read read the original staff report to the Board which noted that the applicant is E. D. Pruitt and the property is on River Loop Drive in Fall River Estates. He stated that the application for variance to Section 4.120 5B which requires that all structures be set back from the high water line along streams or lakes a minimum of 100"` measured right angles from the high water line. Mr. Read stated that the applicant has applied for a variance from the 100' river setback standards to a 75' setback. He noted that the property currently has a detached garage which was approved by a permit in 1980. Mr. Read stated that there are four area variance criteria which must be met for a variance to be approved according to the requirements of PL 15 of the Deschutes County Zoning Ordinance. He stated that the Staff's conclusion was that the variance criteria were not met and the recommendation was denial of the request. Chairman Shepard opened the hearing. Mr. E. D. Pruitt testified that he had purchased the property 32 years ago with the intention of building a home on it. In 1980 he built a garage and was told at that time about the change in the setback requirement. He stated that on May 4th of 1981 he submitted a variance request and was told he should not have any problem with it. Commissioner Paulson questioned why the permit was not granted for both the house and the garage at the same time so there would be no possibility for conflict at a later date. Page 4 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting Mr. Pruitt replied that he just wanted to start with the garage. He felt he was misled by someone in the Building Department saying that variances are easy to obtain. Mr. W. D. Elderbach, a property owner in Fall River Estates, stated that he bought a lot in 1969 at which time the requirement was for a 20' setback from the river. He stated that he did not feel the variances should be that hard to obtain. Chairman Shepard stated that since there were no more comments, the hearing would be closed. Commissioner Paulson stated that even though there is some hardship involved it is a dangerous precedent to make an approval for something that has gone through this route and, therefore, feels that the variance should not be approved. Commissioner Young stated that he felt the Pruitt's acted in good faith, and did not see that granting the 25' variance would hurt anyone. MOTION: YOUNG moved that the Board accept the Planning Commission's decision and findings of fact. SHEPARD: SECOND Chairman Shepard requested George Read to read the variance criteria. Mr. Read read as follows: 1) Must find that the literal application of the ordinance would create practical difficulties resulting in greater private expense in. the public benefit, 2) That the condition creating the difficulty is not general through- out the surrounding area but is unique to the applicant's site, 3) The condition was not created by the applicant a self-created difficulty will be found if the appli- cant knew or should have known about the restriction at the time the property was purchased, 4) That the variance conforms to the Comprehensive Plan and the intent of the ordinance being varied.from. Chairman Shepard stated that he could not see how this particular variance can be allowed if the criteria are to be followed and for that reason would conclude that the request does not meet the stated standards for allowing such a variance. VOTE: SHEPARD: NO PAULSON: NO YOUNG: AYE Page 5 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting MOTION: PAULSON moved that the Board deny the variance. SHEPARD: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: NO Acceptance of Chairman Shepard stated that there was a letter to Resignation of the Board from Jean Miller submitting her resignation Special Road from the Road District effective no later than May 15. District #1 MOTION: PAULSON moved that the Board accept the Member resignation of Jean Miller. YOUNG: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Final Hearing: Chairman Shepard opened the hearing of the annexation Annexation to to RFPD #1, Order #32-127, A Final Order Annexing RFPD #1 Territory to Deschutes County Rural Fire Protection District No. 1. There were no comments so the hearing was closed. MOTION: YOUNG moved that the Board approve Order #82-127 annexing property to Rural Fire Protection District #1. PAULSON: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Other Staff/ Public Concerns For Signature: Final Plat #628, Cleve's Acres Margaret Fowler came before the Board with a problem she stated had to do with a Hyster forklift that was removed from her possession by a Deschutes County Deputy Sheriff three years ago. Rick Isham, County Counsel, stated that he had talked with Mr. Fowler earlier today and told him that a claim should be filed according to Chapter 30, Tort Claims Act, that if the County received notice from such a claim it would be processed in the normal course. After considerable discussion by Mr. and Mrs. Fowler, Chairman Shepard requested that they give as much factual information as possible and it will be checked into. Craig Smith presented this approval and signature. MOTION: YOUNG moved that Cleve's Acres. PAULSON: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE to the Board for their the Board Approve Plat #628, Page 6 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1982 - Courtday Meeting General Fund There were no comments. Bills/ Road Department Resolution and Dave Hoerning, County Surveyor, stated that the Report on Resolution and Report would be submitted at tomorrow's Klippel Acres meeting and today he was submitting the Declaration of LID Dedication, dedicating the roads to the public. MOTION: PAULSON moved that the Board approve the Declaration of Dedication of public roads on Klippel Acres. YOUNG: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Bargain and Dave Hoerning explained that the Bargain and Sale Deed Sale Deed: and Acceptance of Deed is on the construction of SE 15th Acceptance of Street at the intersection of Ferguson Road. He noted Deed from it was necessary to acquire a ')point of land in order to Robert S. Munn curve the road in at a proper angle. MOTION: PAULSON moved that the Board accept the Deed. YOUNG: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE Improvement Dave Hoerning explained that the Improvement Agreement Agreement is between Deschutes County and Wayne Roan to clear between right-of-way in a development in Wickiup Junction where Deschutes the county is realigning Rosland Road. County and MOTION: YOUNG moved that the Board approve the Wayne Roan Improvement Agreement between Deschutes County and Wayne Roan relating to the clearing of right-of-way. PAULSON: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE DOGAMI Rick Isham explained that this is an agreement between Agreement the State of Oregon Department of Geology and Mineral Industries and Deschutes County, authorizing Deschutes County to issue and administer surface mining permits. The intent of the agreement is to authorize the county to issue all permits for surface mining in the unincor- porated areas of Deschutes County. The county shall have the authority to issue permits for surface mining activities on non-Federal land. Also included in the agreement is that Deschutes County shall assume authority for each surface mining site on the anniversary date of the site's Surface Mining Operating Permit. Page 7 of 8 DESCHUTES COUNTY BOARD OF COMMISSIONERS April 27 and 28, 1932 - Courtday Meeting MOTION: PAULSON moved that the Board approve the agreement between the Department of Geology and Mineral Industries and Deschutes County and send this agreement on to the Department for their approval. YOUNG: SECOND VOTE: SHEPARD: AYE PAULSON: AYE YOUNG: AYE The meeting was recessed until tomorrow, Wednesday, April 28, 1932. DESCHUTES COUNTY BOARD OF COMMISSIONERS Zze 0 ~Z~D CLA SH RD, HAIRMAN OBERT C. PAULSON, J R., IS 0 ER ALBERT A. YOUNG OMMI S,~NER /ecy V Page 8 of 8