2007-1598-Minutes for Meeting September 12,2007 Recorded 10/26/2007NANCYUBLANKECOUNTY NSHIP~FCOUNTY CLERKDS yJ ~Q~1■1~9$
COMMISSIONERS' JOURNAL
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2007-1588
Do not remove this page from original document.
Deschutes County Clerk
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statement, in accordance with ORS 205.244:
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OT E S
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LL1
C { Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 12, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; Tom Anderson and Kristen
Maze, Community Development; Mark Pilliod and Laurie Craghead, Legal
Counsel; David Inbody, Assistant to the County Administrator; Ron Tamminga,
Mental Health Department; media representative Jeff Mullins of KBND Radio;
and six other citizens. Chair Daly opened the meeting at 10:00 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Documents No. 2007-
493 through 2007-487, Amendments to Agreements with Arrowood
Development regarding Tetherow Destination Resort.
Laurie Craghead explained that the applicant has asked for an amendment to
leave open the name of the surety company so they can compare companies. At
closing the bond will be final. Also, a small change needs to be made,
substituting Westchester for Winchester.
Commissioner Luke stated he would be more comfortable if the County
Administrator can approve the surety company that is ultimately chosen. Ms.
Craghead stated the amount is already indicated in the documents.
Commissioner Baney said Legal Counsel has to review it anyway, and this is
probably an unnecessary layer. Dave Kanner added that he can check the rating
but other than that there is not much he can do.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 1 of 10 Pages
LUKE: Move approval, subject to the change from Winchester to
Westchester, and adding that the surety company documents will be
reviewed by the County Administrator or his delegate.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
3. Before the Board was a Public Hearing (continued fi°om June 13, 2005), and
Consideration of Signature of Order No. 2007-152 (Hellmuth), regarding a
Claim for Compensation under Measure 37.
Tom Anderson said this involves a single parcel located off Forest Lane in the
La Pine area. The claim originated in 2005. The property is 5.5 acres zoned
RR-10, partially in the flood plain, with a landsacpe management and wildlife
overlay. The request is to preserve the use of an existing boat slip and be able
to clean it out occasionally in the future. The amount of damage claimed is
$20,000 plus some expesnes.
The property was acquired via warranty deed on December 17, 1978. The
claim is out of the ordinary in that the origin of the claim came out of a Code
enforcement case, perceived as an unautorized boat slip. Code enforcement
was put on hold to work through this. The claim is a boat slip that pre-dates
existing laws. The owner was given a conditional use permit with some
requirements, i.e. a riparian agreement. Deschutes County zoning sections
govern the construction of a boat slip in flood plain zoning provisions. Boat
slips are specifically not allowed in flood plain zone. But since it was
preexisting, approval was given. The claimant would like some additional
assurances that the boat slip can remain and clean-out work can be done.
Per staff report, flood plain zones fall under health and safety, in particular the
100-year flood. One of the considerations has to do with water quality.
Dredging could cause soil to enter the river. The order is based on this
consideration and staff feels it should be denied. Multiple letters of support for
the claimant during the land use process.
Commissioner Luke asked which way the slip opens, up or down river; and
whether there are any other boat slips on Fall River.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 2 of 10 Pages
Commissioner Baney asked if a State waiver is needed. Mr. Anderson said he
doesn't think the State received a claim, although the land use decision did
involve various departments of the State.
Commissioner Daly asked if there are any structures attached. Mr. Anderson
stated that some concrete slabs had to be placed as part of the permit to keep
soil in place.
Mark Pilliod asked that the record include the Community Development file.
Commissioner Daly opened the public hearing.
Lee Hellmuth testified that there was originally a boat slip and boat ramp. The
flood plain designation disallowed a boat slip but allowed a preexisting boat
ramp. At least six agencies were involved in this issue. He was not allowed to
do what he should have been able to do, which was clean out the debris in the
boat ramp area. A boat ramp cannot be considered a health and safety issue. It
is about thirty feet long and made of concrete.
Mr. Hellmuth provided photos of the ramp to the Board. It is only for
launching as the boat can't be stored there. An easement was provided to the
County as part of the condition to have the boat slip. A Realtor's estimate of
the loss in value for not having the boat slip is $25,000, and a $10,000 loss in
value for the easement provided to the County.
Mr. Hellmuth is asking for the boat slip and the ramp. This would require some
excavation to get it reinstalled.
Mr. Anderson stated that construction of a slip would require a land use
process. The waiver only governs County regulations. That was the case with
the verification of nonconforming use process.
Commissioner Luke asked if there are other boat ramps or slips. Mr. Hellmuth
stated that there may be some upriver. His is close to the Deschutes and
provides easy access. He has been working with Fish and Wildlife for many
years and they are making improvements to the area with his cooperation for
fish habitat. He was the only one to sign up for the riparian work being done.
Commissioner Luke stated that there are reasons for concern, as some property
owners do not properly maintain their ramps, slips and docks. Mr. Hellmuth
said that since there are dozens of them along the river, he feels singling his out
as a health or safety issue is not appropriate.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 3 of 10 Pages
Mr. Anderson said the request is for verification of the slip, and a request to
convert the slip to a ramp. The finding was that the boat slip was a legal, non-
conforming use, and the alteration was approved. Mr. Hellmuth stated that the
boat slip is prohibited through the rules.
The Commissioners asked for clarification of the administrative decision. Mr.
Pilliod said it allows for the slip and a modification of the slip. This allows for
removal of sediment and the addition of fill as needed. Staff concluded it was a
legal, non-conforming use. The applicant would have to get any other permits
as required from other agencies. A boat ramp would need permits from other
agencies.
Mr. Hellmuth stated that he got permission from everyone to put the boat ramp
in last year, at which time the boat slip was removed. He would like to put a
boat slip back in.
Commissioner Baney asked if he wants to put the boat slip somewhere else.
She feels it would pertain to where the slip used to be. Mr. Hellmuth would
like to be able to put in a boat ramp and/or slip, which he could have been able
to do in 1978. Now he has a boat ramp and no slip, and the restriction of an
additional easement.
Commissioner Luke said that the flood ordinance is a health and safety issue. It
is confusing though as whether a boat ramp or slip fits into this category. He
got approval to build a ramp and a slip earlier. Mr. Anderson said it basically
blessed what was there at the time. The conditions of approval included a
conservation easement.
Commissioner Baney said that it appears clear he can do what he wants to do at
this point, which is keeping the slip and ramp. Mr. Hellmuth said he no longer
has the slip as he was told it was not allowed. Commissioner Baney stated that
the slip was allowed by the County as a non-conforming use, and as long as he
keeps it where it was, he should be able to have it.
Mr. Hellmuth stated that he would like to propose a compromise since the staff
report says to deny on the basis of health and safety concerns.
No other testimony was offered, so the hearing was closed.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 4 of 10 Pages
Commissioner Luke said that there are two questions; one is, whether the flood
plain ordinance is for health and safety. It is. The other is whether this fits into
that category. It appears that the applicant already had the ability to have both
the slip and the ramp, and Commissioner Luke doesn't know why the slip was
removed. He would support the staff recommendation so as to not waive health
and safety requirements.
Commissioner Baney said she heard that he should have been able to keep what
he had. The flood plain restriction should apply in this case. The Measure 37
claim would allow this to be done in other places on the property.
Commissioner Daly indicated that Mr. Hellmuth had a waiver and could have
had the ramp and the slip, and is not sure why there is a Measure 37 claim in
this case. He said, however, that calling this a health and safety issue is a
stretch. Mr. Hellmuth probably has what he originally wanted with the
conditional use permit.
Mr. Anderson stated that what he had before is legitimate and he had the ability
to modify what was there, limited to adverse impacts. The Measure 37 claim
would allow work on other parts of the land, however. Mr. Pilliod said a
waiver could allow a marina and other improvements, not just a slip or ramp.
LUKE: Move approval of the Order.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was a Hearing and Consideration of Signature of Order
No. 2007-005 and Order No. 2007-007 (Stearns), regarding Claims for
Compensation under Measure 37.
Mark Pilliod stated that neither the applicant nor his attorney can be here today.
The property had been conveyed to a limited partnership and if a partner was
found to have had an interest, the date of acquisition would be 1971.
Commissioner Luke said if the court rules, the date would change. Mr. Pilliod
stated that the property was part of a trust originally and eventually ended up in
a limited partnership.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 5 of 10 Pages
Chair Daly asked if anyone wished to testify. Being none, the hearing was
closed.
LUKE: Move approval of Order No. 2007-005.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
LUKE: Move approval of Order No. 2007-007.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
5. Before the Board was Consideration of Signature of Document No. 2007-
488 and Document No. 2007-489, Facilitating Grants from the Oregon
State Marine Board to the U.S. Forest Service regarding Boat Ramp
Improvements.
Dave Kanner explained that the County acts as an intermediary in transferring
funds between the other two agencies.
BANEY: Move approval of the two grants.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval of the Consent Agenda.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 6 of 10 Pages
Consent Agenda Items
6. Signature of Order No. 2007-151, Clarifying the Establishment and Correcting
the Name of "F Avenue", Terrebonne
7. Signature of Document No. 2007- 503, Amending an Intergovernmental
Agreement with the Oregon Commission on Children & Families regarding
Funding for the Family Preservation Program
8. Signature of Order No. 2007-149, Canceling Uncollectible Personal Property
Taxes in the Amount of $49,553.67
9. Signature of Resolution No. 2007-124, Initiating the Vacation of a Portion of
A. J. Warrin Road
10. Signature of Order No. 2007-147, Vacating a Portion of A. J. Warrin Road
11. Signature of Resolution No. 2007-130, Appropriating a New Grant in the
Mental Health Fund
12. Signature of Resolution No. 2007-131, Transferring Appropriations within the
Vehicle Maintenance and Replacement Fund
13. Signature Letters Reappointing Dr. Craig Bennett and Mike Bonetto to the
Deschutes County Public Health Advisory Board, through August 31, 2010
14. Approval of Economic Development Grant:
La Pine Teen Court Program - $1,000 total, split equally between the three
Commissioners
15. Approval of Minutes:
Business Meetings: July 11, August 29 and September 5, 2007
Special Hearing: March 20, 2007 (La Pine Local Rule)
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9-1-1 County Service District in the Amount of
$27,319.11.
BANEY: Move approval, subject to review.
LUKE: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 7 of 10 Pages
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension/4-11 County Service District in the Amount of
$1,897.85.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $649,012.28.
BANEY: Move approval, subject to review.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
19. ADDITIONS TO THE AGENDA
A. Before the Board was Consideration of Signature of Document No.
2007-506, an Amendment to the Mental Health Developmental
Disability Services Agreement with the Oregon Department of Human
Services. (This item was addressed out of agenda order, prior to item #6)
Ron Tamminga explained that this covers the express payment program and
additional funding from the State for COLAs and other items. This is pass-
through money.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 8 of 10 Pages
BANEY: Move approval.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Chair Daly had to leave the meeting at this time (I1: 30 a. m.).
B. Before the Board was a Public Hearing (continued from July 11)
regarding an Amendment to Title 18 of County Code regarding Home
Occupations (Ordinance No. 2007-021).
Commissioner Baney said that she received an e-mail from the Pennocks,
who indicated that they are okay with the revised language.
Kristen Maze asked that the hearing be closed today to allow enough time
for the public's review of the revised text, and that the first reading be held
on September 24.
Laurie Craghead stated there would probably not be any substantive changes
except for formatting. The Board could close the hearing and the record at
this time. The Commissioners could receive additional testimony but it
would not be a part of the record.
Commissioner Luke asked whether an emergency clause should be added in
case applications come in during the interim. Ms. Craghead stated that there
are no applications pending at this time.
Commissioner Luke said that he prefers the hearing be closed now but the
record not be closed until noon, September 18, 2007 to allow for additional
written testimony.
BANEY: Move the hearing be closed, and that written testimony be
allowed until noon on September 18.
LUKE: Second.
VOTE: BANEY: Yes.
LUKE: Vice Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 9 of 10 Pages
Being no further items to come before the Board, Vice Chair Luke adjourned
the meeting at 11:50 a. m.
DATED this 12th Day of September 2007 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
Mic ael M. Daly, C air
-7
Dennis R. Luke, Vice Chair
Tammy Baney, Commis Toner
Minutes of Board of Commissioners' Business Meeting Wednesday, September 12, 2007
Page 10 of 10 Pages
ur ~
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ory,
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, SEPTEMBER 12, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up card provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION of Signature of Documents No. 2007-493 through 2007-
487, Amendments to Agreements with Arrowood Development regarding
Tetherow Destination Resort - Laurie Craghead, Legal Counsel
3. A PUBLIC HEARING (continued from June 13, 2005), and Consideration of
Signature of Order No. 2007-152 (Hellmuth), regarding a Claim for
Compensation under Measure 37- Tom Anderson, Community Development;
Mark Pilliod, Legal Counsel
4. A PUBLIC HEARING (continued from July 23, 2007), and Consideration of
Signature of Order No. 2007-005 and Order No. 2007-007 (Stearns), regarding
Claims for Compensation under Measure 37- Tom Anderson, Community
Development; Mark Pilliod, Legal Counsel
5. CONSIDERATION of Signature of Document No. 2007-488 and Document
No. 2007-489, Facilitating Grants from the Oregon State Marine Board to the
U.S. Forest Service regarding Boat Ramp Improvements - Dave Kanner,
County Administrator
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 1 of 9 Pages
CONSENT AGENDA
6. Signature of Order No. 2007-151, Clarifying the Establishment and Correcting
the Name of "F Avenue", Terrebonne
7. Signature of Document No. 2007- 503, Amending an Intergovernmental
Agreement with the Oregon Commission on Children & Families regarding
Funding for the Family Preservation Program
8. Signature of Order No. 2007-149, Cancelling Uncollectible Personal Property
Taxes in the Amount of $49,553.67
9. Signature of Resolution No. 2007-124, Initiating the Vacation of a Portion of
A. J. Warrin Road
10. Signature of Order No. 2007-147, Vacating a Portion of A. J. Warrin Road
11. Signature of Resolution No. 2007-130, Appropriating a New Grant in the
Mental Health Fund
12. Signature of Resolution No. 2007-131, Transferring Appropriations within the
Vehicle Maintenance and Replacement Fund
13. Signature Letters Reappointing Dr. Craig Bennett and Mike Bonetto to the
Deschutes County Public Health Advisory Board, through August 31, 2010
14. Approval of Economic Development Grant:
• La Pine Teen Court Program - $1,000 total, split equally between the three
Commissioners
15. Approval of Minutes:
• Business Meeting: September 5, 2007
• Work Sessions:
• Special Hearing: March 20, 2007 (La Pine)
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
16. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9-1-1
County Service District
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 2 of 9 Pages
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
17. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
18. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
19. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Monday, September 10, 20007
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Tuesday, September 11, 2007
2:00 p.m. Tour and Overview of Alyce Hatch Center, Bend
Wednesday, September 12, 2007
10:00 a.m. Board of Commissioners' Meeting for the Week
1:30 p.m. Administrative Work Session for the Week - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 3 of 9 Pages
Thursday, September 13, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
10:00 a.m. Health Department Update
11:00 a.m. Mental Health Department Update
Monday, September 17, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
4:30 p.m. Meeting with City of Bend Council, at Bend City Hall
Tuesday, September 18, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, September 19, 2007
9:30 a.m. Juvenile Community Justice Department Update
10:30 a.m. Parole & Probation Department Update
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 20, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
12:00 noon Regular Meeting of the Audit Committee
Monday, September 24, 2007
10:00 a.m. Board of Commissioners' Meeting - Land Use
1:30 P.M. Administrative Work Session - could include executive session(s)
Wednesday, September 26, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, September 27, 2007
9:00 a.m. Fair & Expo Department Update
11:00 a.m. Commission on Children & Families' Department Update
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 4 of 9 Pages
Monday, October 1, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
5:30 p.m. Regular Dinner Meeting with the Judges, at Ernesto's
Tuesdav. October 2. 2007
1:30 p.m. Sheriff's Department Update, at Sheriffs Office
Wednesdav. October 3. 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 4, 2007
8:00 a.m. Regular meeting with the City of Sisters Council, Sisters City Hall
9:30 a.m. Regular meeting with Judge Fadeley, Sisters
Wednesday, October 10, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session for the week - could include executive session(s)
Monday, October 15, 2007
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, October 16, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
11:30 a.m. Leadership Sisters Panel, Sisters City Hall
Wednesday, October 17, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 5 of 9 Pages
Thursday, October 18, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
Monday, October 22, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 24, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, October 25, 2007
4:00 p.m. U.S. Highway 97 - North Corridor Steering Committee Meeting
Monday, October 29, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, October 31, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, November 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, November 7, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 6 of 9 Pages
Thursday, November 8, 2007
7:00 a.m. Regular Meeting with the Redmond City Council, Redmond Council Chambers
Friday, November 9, 2007
7:00 a.m. Meeting with Bend Chamber of Commerce - Legislative Policy Council
Monday, November 12, 2007
Most County offices will be closed to observe Veterans' Day.
Tuesday, November 13 through Friday, November 16, 2007
Association of Oregon Counties' Conference
Monday, November 19, 2007
1:30 p.m. Administrative Work Session for the week - could include executive session(s)
Tuesday, November 20, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Thursday, November 22, 2007
Most County offices will be closed to observe Thanksgiving.
Friday, November 23, 2007
Most County offices will be closed (unpaid day offi.
Monday, November 26, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 P.M. Administrative Work Session - could include executive session(s)
Wednesday, November 28, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 7 of 9 Pages
Tuesday, November 27, 2007
12:00 noon Regular Meeting of the Audit Committee
Monday, December 3, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, December 5, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, December 6, 2007
10:00 a.m. District Attorney Update
11:00 a.m. Community Development Department Update
1:30 p.m. Road Department Update
Wednesday, December 12, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session for the week - could include executive session(s)
Thursday, December 13, 2007
1:00 P.M. Health Department Update
2:00 p.m. Mental Health Department Update
Monday, December 17, 2007
12:00 noon Regular Meeting with Department Heads
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, December 18, 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 8 of 9 Pages
Wednesday, December 19, 2007
10:00 a.m. Board of Commissioners' Meeting for the week
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, December 25, 2007
Most County offices will be closed to observe Christmas Day.
Tuesday, January 1, 2008
Most County offices will be closed to observe New Years' Day.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf.. hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, September 10, 2007
Page 9 of 9 Pages
lc~ v-V Es zz~.
wOj~ Z Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ory
ADDITIONS TO THE AGENDA
BOARD OF COMMISSIONERS' BUSINESS MEETING
WEDNESDAY, SEPTEMBER 12, 2007
A. CONSIDERATION of Signature of Document No. 2007-506, an
Amendment to the Mental Health Developmental Disability Services
Agreement with the Oregon Department of Human Services - Ron Tamminga,
Mental Health Department
B. A PUBLIC HEARING (continued from July 11) regarding an Amendment to
Title 18 of County Code regarding Home Occupations - Kristen Maze,
Community Development
IF YOU WISH TO TESTIFY
Please complete this card & turn
it in to a County staff person.
Name: Lam=' ,C=ELM
Mailing Address: U. 5- 5 y
L11S Pt CA
Phone 5/o y5 y- y s ~-Z 7.7,
E-mail Address: LC- /f&Z&A~7H C
Date: y~ff°'~~<<,~
Subject: 7
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.descliutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 10, 2007
Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave any fields
incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the
Wednesday prior to the meeting to be included on the agenda.
DATE: 8/24/07
TO: Deschutes County Board of Commissioners
FROM: Kevin Harrison; CDD; 385-1401
TITLE OF AGENDA ITEM:
Consideration of claims for compensation under Measure 37 (DCC Chapter 14.10) and signature of
Order. Yes
BACKGROUND AND POLICY IMPLICATIONS:
Claim to be considered is: (1) M37-05-8 (Hellmuth Order No. 2007-xxx. (Note: This Claim was
originally scheduled to be reviewed on July 13, 2005.)
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
ATTENDANCE: Tom Anderson/Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Orders and staff reports to be recorded with County Clerk. Copies to be sent to Legal Counsel, CDD,
DLCD (Cora Parker, Deputy Director; DLCD; 635 Capitol Street, NE, Suite 150; Salem, OR 97301-
2524); Claimants.
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Demand for Compensation - Measure 37 Claim
PROPERTY OWNER INFORMATION (Please type or print firmly in dark ink)
LFr /-f El c.m y 7-7-1
Name of Property Owner Name of Representative (If Any)
l6S3 /7J I-A-S <::;q5,g5
M iling Address Mailing Address
_?,Ac/ F►c PAL15A O.FS 9rP~Z7Z
City, State, Zi City, State, Zip
3/0 5_cl - g C11
Phone Fax Phone Fax
PRIVATE REAL PROPERTY DESCRIPTION TAx L o T /03c)()
Assessor's Map and Tax Lot Number: r0W V?Y) P !a/ 4A414--Cl /0 SCeTj V ,V 3
Street Address:
ZONING DESIGNATION WHEN ACQUIRED: _JAq - I
CURRENT ZONING DESIGNATION: RR-/o , F f, Lm
DATE CLAIMANT ACQUIRED PROPERTY: 545t r EM 6C_ ~7 9 (include deed, contract, or
other conveyance).
DATE CLAIMANT'S RELATIVE ACQUIRED PROPERTY, IF APPLICABLE:
(include title report; chain of title letter; lot book report; Assessor's tax lot card).
rLi1S 4T7_0 RNE*-15 Errl Anzio Awy vrHee- fC61
AMOUNT OF CLAIM: $ 6 0 6 a o A statement of the amount of the claim in dollars i-V oLT OF
based on the alleged reduction ' the fair market value of the property resulting from the enforcement of fOCk4: r r- -116
the County's regulation Pk6A5C- sLC- % 7,4C-HF19 LcrTTZF2 R/L 191-7AIt,
S,
Signa ure of Claimant (Property Owner(s): r~,r
s
DISCLAIMER NOTICE: a
Approval of compensation or modification, removal or non-application of land use regulation does not warrant or otherwise
guarantee that the present property owner or any successors interest can legally use the subject property for the purpose, or in
the manner, approved by the County as such use or purpose may impact third parties, including rights established by
Covenants, Conditions and Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions or contracts.
Quality Services Perforrned with Pride
-as~8 SCANNED < ~6~
~3
January 2, 2005
Deschutes Community Development Department
117 NW Lafayette Ave
Bend, Oregon 97701-1764
Lee Hellmuth
16534 Las Casas Palace
Pacific Palisades, CA 90272
Subject: Demand for Compensation and/or Waiver - Measure 37 Claim
The intent of this letter is to request that the offending statue(s), regulations(s), and/or
ordinance(s) be waived, and that any fees, fines and out of pocket expenses be reimbursed (items
1 through 5 below), and that the boat ramp/slip continue to be allowed on the Fall River at the
property described below.
If this waiver is denied, then compensation is requested via a Measure 37 claim for the following
property located in Deschutes County next to 54795 Forest Lane, Bend Oregon, 97707 :
Tax Lot: 10300 Township: 21 Range: 10 Section: 3
This property is wholly owned by Lee Hellmuth and was purchased on September 18, 1978. The
title of this property has been vested in the name of Lee Hellmuth since the date of purchase.
Mailing address for Lee Hellmuth is 16534 Las Casas Place, Pacific Palisades, CA 90272.
Deschutes County has changed the zoning on this property after the purchase date in 1978. One
of the zone changes, which remains in force as the date of this document, prohibited the use of
marinas, boat slips and boathouses.
I have written documentation that a boat ramp/slip was on this property in the early nineteen
sixties. In addition, I have an aerial photo from Bend Mapping & Blueprinting, INC. that shows
the boat ramp/slip in 1979 on the Fall River. The footprint of the boat ramp/slip, taken from the
photo, shows a length of over 22 feet and a width of about 10 feet.
Based on information and belief, the zoning change to disallow a boat ramp/slip has caused a
decrease in the value of this property in the amount of $20,000. No comparable properties could
be found with a boat ramp/slip on the Fall River. This $20,000 value was obtained from a long
time, local realtor.
I I
In addition to the $20,000 I am requesting the following:
1- Attorney fees in the amount to date of $1,080. These fees are a direct result of the Deschutes
Community Development Department stating that the burden of proof to have a boat
ramp/slip on the Fall River was mine. They advised me to engage an attorney in order to
document and follow the proper procedures.
2- $262.53 for materials to stabilize the Fall River boat ramp/slip.
3- $500 filing fee for Measure 37.
4- $ 31.30 for copy, notary, and UPS for Land Use Application.
5- Any current/future fees or fines.
In lieu of the $20,000 as stated above, I am requesting that the offending statue(s), regulations(s),
and/or ordinance(s) be waived. The property will then be used for the following:
1-Allow a boat slip/ramp on the Fall River on this property forever.
2-Allow for clean out of boat slip/ramp, as required, without fee or permit forever.
I have enclosed the following:
1-$500 fee for Deschutes County Measure 37
2-Aerial photo taken in 1979 from Bend Mapping & Blueprinting, INC.
3-Completed measure 37 claim form
4-Community Development Department letter on code violation
5-Warranty Deed (copy)
6-Plot map
7-Zone description for RR-10, LM, FP, and A-1
On an ongoing basis, my plan is to clean out and maintain the existing boat ramp/slip on the Fall
River working with input from the State Park keeping the environment and beauty of the area
as a priority.
Should you have any questions, please contact me at (310) 459-8691
Sincerely,
Z~~_A_j2A~
Lee Hellmuth
Enclosures
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Gommuttit Development Department
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0011
117 NW Lafayette Avenue • Send, Oregon 97701.1925
CERTIFIED LETTER (541) 389.6575 - FAX (541) 385.1764
http://www.co.cieschutes.or:us/cxdd J
September 8, 2004
Lee Helmuth
16634 Las Cesar, Pedfii; Palisades, CA 84272
RE: Deschutes County Code Mofation - Case #004-148; Forest Ln, Bead
Dear ktr. Hellmuth:
7fft letter Is to Inform you of an alleged violation of the County Code assoclated with your property.
Specifically, that a boat ramp Is being excavated in the bank of Fau River. This circumstance violates
County Code sections 18.96.050, 18.96.040 and 18.38.020, which states that (see enclosed).
Since many violations occur because of unfamiliarity with the county coda, voluntary compliance is
sought before further legal ardiorcement actions are taken. In the vast majority of cases, property
omiem correct the situation without the necessity for further action. The County believes that
voluntary compliance generally is less expensive for all parties and of a more satisfactory and lesting
nature than involuntary c mplianoe.
You are hereby requested to contact Lori Furlong at (541-386-1707) within 15 days to discuss the
detafs of your vase Including necessary correcthre action. In certain cases, the oorrective action may
be obvious. Nevertheless, you are still asked to contact our office to oonfnm your compliance and
establish tirnefirm.
For you information, code enforcement cases are initiated in several ways, includhV notification from
County field personnel, other governmental agencies, and from private dftlzer►s. In each case,
confirmation of the alleged violation Is required prior to the mal" of this letter. For mare infiormatlon
on the Code Enforcement program, please visit the County's websh at httoJlyvwwlco deasahutes or us
(Community Development Department), or stop by our lobby, to review (fie Deschutes County Cote
Enforcement Policy and Procedures Wnuel.
Your cooperation In this matter is greatly appmciated. We look forward to hearing from you.
Sincv+aty,
wit !otr
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Date: July 11, 2005
To: Deschutes County Commissioners
1300 NW Wall St., Suite 200
Bend, Oregon 97701
From: Lee Hellmuth
L
RE: Ballot Measure 37 Claim Number M37-05-8; Hellmuth
This memo is in response to the Staff Report, posted on the Deschutes
County web site on July 8, 2005. The Staff Report is composed of Order
2005-043 and a supporting Staff Report memo from Michael A. Maier,
County Administrator dated July 6, 2005. 1 have requested relief from land
use regulations, restrictions and fees placed on the use and maintenance
of my boat ramp/slip that has been there over 40 years, as shown in
attachment 3.
Critique of the Staff Report Documents
The County Administrator, Michael A. Maier, has recommended in Order
No. 2005-043 that: my Measure 37 claim M37-05-8 should be denied. The
reason for this denial is listed in the Order on page 1, item 3 where it
states:
The County Administrator has recommended that the claim is not
claim eligible and that current flood plain regulation for the subject
property at 54800 Forest Lane, Bend, Oregon continue to be
enforced, because the flood plain regulations are for the
protection of public health and safety.
Mr. Maier explains why he makes the above recommendation in his Staff
Report memo dated July 6, 2005. Mr. Maier argues that my claim should be
denied because it falls under an exclusionary condition found in Subsection
(3)(B) of Measure 37. He writes on page 3 of the Staff Report memo:
(3) Subsection (1) (compensation) of this act shall not apply to land
use regulations:
(8) Restricting or prohibiting activities for the protection of public
health and safety, such as fire and building codes, health and
sanitation regulations, solid or hazardous waste regulations, and
pollution control regulations.
Mr. Maier lists one of the conditions in this Subsection (3) of Measure 37,
however, there are 5 exclusionary conditions in this Subsection. These 5
conditions are specific and each one has a limited scope.
A. Restrictions or prohibiting activities commonly and historically
recognized as public nuisances under common law.
B. Restricting or prohibiting activities for the protection of public
health and safety, such as fire and building codes, health
and sanitation regulations, solid or hazardous waste
regulations, and pollution control regulations
C. To the extent the land use regulation is required to comply with
federal law
D. Restricting or prohibiting the use of a property for the purpose
of selling pornography or performing nude dancing
E. Enacted prior to the date of acquisition of the property by the
owner
Mr. Maier's Staff Report memo erroneously uses condition B above
[Measure 37 Subsection (3)(B)] to justify his recommendation. Condition B
is not related to restrictions placed on boat slips or ramps but is clearly
concerned with fire and building codes, or with regulations on sanitation,
solid and hazardous waste, and pollution control. Condition B is clear as to
its intent and It is unfair and a misuse of Measure 37 to generalize this
restriction to include an unrelated project. If Mr. Maier is allowed to expand
the definition of condition B above, he could recommend a denial of almost
any Measure 37 claim for any activity in any Deschutes County Code.
Purposes of the Flood Plain Zone Regulations
To support his claim that a boat ramp/slip would have a public health and
safety aspect, Mr. Maier states in his Staff Report memo (page 3) that
DCC Chapter 18.96 contains the 1989 Flood Plain Zone regulations.
DCC 18.96. 010 states the purposes of these regulations: "To protect
the public from the hazards associated with flood plains. "
2
He is correct that this is one of the stated purposes of the regulations. But
this is only one of four purposes of the Flood Plain Zone as listed in DCC
18.96.010. The four purposes are listed as follows:
1. To implement the Comprehensive Plan Flooding Section
2. To protect the public from the hazards associated with flood plains
3. To conserve important riparian areas along rivers and streams for
the maintenance of the fish and wildlife resources
4. To preserve significant scenic and natural resources while
balancing the public interests with those of individual property
owners in the designated areas
Mr. Maier has failed to demonstrate or justify why a boat ramp on private
property constitutes a hazard to the public. A boat ramp on private property
does not fall under condition number 2 above, as it does not pose a
hazard, and does not have any measurable adverse impact on public
health or safety. On the contrary, a boat ramp has benefits for public safety
as it may be used to facilitate emergency evacuations.
The subject boat ramp is located in the riparian area on the bank of the Fall
River. The purpose of the restrictions placed on a boat ramp in DCC
18.96.010 are listed under conditions number 3 and 4 above. It is
conservation of important riparian areas along rivers and streams and
preservation of scenic resources that prompts restrictions on boat ramps.
In support of this position I cite certain pertinent sections of DCC 19.88
(10/2001) PROVISIONS APPLYING TO SPECIAL USE STANDARDS.
19.88.240. Fill and removal. Except as otherwise provided in
DCC Title 19, no person shall fill or remove any material or remove
any vegetation, regardless of the amount, within the bed and banks of
any stream or river, or in any wetland, unless such fill or removal is
approved as a conditional use in accordance with the following
standards
C. Fill or removal required for public park and recreation areas,
natural and outdoor education areas, historic and scientific areas,
wildlife refuges, public boat launching ramps, public docks and
public walkways shall not be allowed as a conditional use unless the
following findings are made:
3
1. That all necessary state and federal permits will
be obtained as a condition of approval of the
conditional use permit.
2. That only the minimum removal of vegetation
or material and dredging or excavation
necessary for construction and maintenance
will be done.
3. That the specific location of the site will
require the minimum amount of disturbance
to the natural environment, considering
alternative locations in the area and methods
of construction.
4. That such construction and maintenance is
designed and done in such a manner as to
minimize the adverse impact on the site.
5. That erosion will be adequately controlled
during and after construction.
6. That the impacts on fish and wildlife habitat
by the fill or removal will be minimized to the
greatest extent practical. The Oregon
Department of Fish and Wildlife will be
requested to review and comment on the
application.
None of the above 6 conditions for DCC 19.88.240 have anything to do
with hazards, that is the basis for Mr. Maier's recommendation for denial as
he states on page 3 of his Staff Report memo: "To protect the public from
the hazards associated with flood plains. "
None of the above 6 conditions for DCC 19.88.240 have anything to do
with public health and safety, which is the basis for Mr. Maier's
recommendation for denial as he states on page 1 item 3 of Order No 2005-
043 dated 7-13-05: "the flood plain regulations are for the protection of
public health and safety. "
Mr. Maier has changed the intent of Measure 37 and its provisions. His
attempt to use condition number 2 of DCC 18.96.010 to justify Subsection
(3)(B) of Measure 37 is unfair, inappropriate, and incorrect.
4
Mr. Maier realizes that he is expanding beyond the examples listed in
Measure 37 Subsection (3)(B) and states on page 3 of his Staff Report
memo that:
This exemption for public health and safety regulations is not limited
to the examples listed in (3)(8).
I agree that there are many more examples that could be listed under
Subsection (3)(B) of Measure 37. However, the examples would be limited
to codes and regulations that are associated with public health and safety,
and would not include creation or maintenance of a boat ramp.
Errors in Order No 2005-043 and in Mr. Maier's Staff Report
Memo
Mr. Maier has made critical mistakes in his Staff Report memo to the Board
of County Commissioners; and in Order No 2005-043. The errors are listed
below:
• In the Staff Report memo to Board of County Commissioners dated July
6, 2005, page one: paragraph one and paragraph two are almost
identical.
• In the Staff Report memo to Board of County Commissioners dated July
6, 2005: The difference between paragraph 1 and paragraph 2 is that
paragraph 1 states "asking at least two times that the Claimants furnish
more evidence to complete or clarify the claim" while paragraph 2 states
"asking that the Claimant furnish more evidence to complete or clarify
the claim".
The first paragraph is an error as I received only one letter that
is included with this submission. I did respond to that letter and
included a realtor's appraisal as requested.
• In Order No 2005-043 page 2 Section2: The following statement in this
section is not true: "Claimant may provide proof a preexisting boat
ramp/slip as a nonconforming use or apply for a conditional use
permit for the subject property consistent with flood plain regulations
now in effect".
5
The truth is that a boat slip is prohibited in the Flood Plain as
described in Flood Plain DCC 18.96.050. that states "Prohibited uses.
Marinas, boat slips and boat houses on private property. (Ord.
89-009 § 5, 1989)"
• In Order No 2005-043, page 1 of findings of facts and conclusions, Item
5 states: "The Board concurs with the Administrator's report that the
current flood plain regulations for the subject property might allow a
boat ramp/slip on this subject property only with a conditional use
permit. "
The above statement is not true. The truth is that a boat slip is
prohibited in the Flood Plain as described in Flood Plain DCC
18.96.050 that states "Prohibited uses. Marinas, boat slips and boat
houses on private property. (Ord. 89-009 § 5, 1989)"
Mr. Meier is in a position to advise the County Commissioners and should
know that the Deschutes County Codes DCC Flood Plain Chapter
18.96.050 prohibits the use of a boat slips. He should also know that DCC
18.96.040, under the Flood Plain Zone, allows conditional use of boat
ramps. It is my position that Mr. Meier made another mistake when he
recommends denial of my Measure 37 claim. Mr. Meier's misstatement of
the County codes and facts brings into question his entire report.
Evidence for a Reduction in Value of the Property
Mr. Maier's Staff Report memo dated July 6, 2005 to the Board of County
Commissioners correctly states:
Reduction in Value - $20, 000 alleged on claim form
The ordinance requires that the Claimant provide evidence of the
amount of the claim in dollars based on the alleged reduction in the
fair market value of the property resulting from the enforcement of the
County's land use regulation Thus, there is some evidence of a
reduction in value if a boat slip is not allowed.
The above statement from Mr. Maier documents and supports the
reduction in value due to County land use restrictions.
6
PROPOSAL
If the County Commissioners agree that Mr. Maier has erroneously
proposed a denial of my Measure 37 M37-05-8 filing, then the County
Commissioners may "modify, remove, or not apply the land use regulation
or land use regulations to allow the owner to use the property for a use
permitted at the time the owner acquired the property".
I propose a compromise:
The County Commissioners:
• approve the existence of my boat ramp and waive any and all
permits, costs or fees for continued outright use
I will:
• Withdraw my request for a boat slip on the subject property
(In 1979 the boat slip portion was 22 feet long - photo available)
• Remove my Measure 37 request to remove the County zones
on the subject property
• Work with Oregon State Parks to finish and maintain the boat
ramp on the subject property keeping the environment as a
priority (see the attached letter to the Commissioners dated July
2, 2005 where the last page describes my caretaker activities)
Addendum:
Should the County Commissioners accept the erroneous Staff Report
memo from Mr. Maier, dated July 6, 2005 and agree to the erroneous
Order No. 2005-043 dated 7-13-05, it is my plan to appeal this decision
through the court system. This would allow the final decision on whether or
not a boat ramp/slips is a hazard or a public health or safety issue to reside
in the Courts. I am confident that the Court would see through the misuse
of Measure 37 and not define a boat ramp/slip as a hazard to public health
or safety. The Court would also determine if the intent of Measure 37 was
to exclude all valid claims, which are in a flood plain.
DOCUMENT POOR QUALITY
AT TIM E 0i= RECORDING
B~T 2
fi.y 1gcjM 4
Yahoo' Mail lee hellmuth@,vahoo.com
AV MAIL.
From: SUNLADYHAWK@aol.com
Date: Mon, 20 Sep 2004 16:01:53 EDT
Subject: Boat Slip
To: Lee HelImuth@yahoo.com
TO WHOM THIS MAY CONCERN:
Dear Sirs,
Page 1 of 1
Print - Close Window
I, Marta Lynne Rotz (formally Marta Hiney) spent many summers in the Bend area sense I
was two years old. My folks, Eugene and Louise Hiney and their good friends Anita and
Donald B. Karstetter enjoyed the area so much that in 1955 (not recoreded till 1957, 1 believe)
bought property a long the Deschutes River. Address now 54868 River Forest Lane Bend,
Oregon 97707. Eugene Hiney and Donald Karstetter bought their property from Louther
Metkey from Motoilus, Oregon. (not sure of the spelling of theses names).
Well, any way as a child growing up out there I played along the Fall River Area with the
Nickels Grandchildren, Beverly Prunk. When we were about thirteen years old or maybe a
little older, Mr. Metkey sold the property in question to his friend Mr. MacMillian. (not sure on
spelling of his name either) Mr. MacMillian was extremely nice to us and let us use his boat to
go up and down Fall River and out into the Deschutes River. This brings me to this point of
this little letter, I'm writing to in form you that Mr. MacMillian built the boat slip in question to
keep his boat moored there during the summer months. I'm not exactly sure what happened
to Mr. Mac MacMillian but when I was twenty he was no longer around the area.
I Marta Lynne Rotz (Hiney) am 57 years old. I was born in 1947. SO this would put the boat
slip there in the early sixties and well before 1972, the point in question!
Now if need be, the Karstetter descendants, Martin, Dale, Lewis, Donnie and Donna can
probably shed light on this also, as they to, are familiar with this area and may be able to
validate Mr. Hellmuth's claims.
If anyone needs to entertain any verbal conversation about this matter, please fell free to call
me 1-541-408-5455.
Sincerely,
Marta L. Rotz
/1TT/k`l1 Ar ep'rT 3
httn-//„c f501 mail vnhoo.com/vm/ShowLetter?box=Boaat%20Ramp&MsgId=2717_0_72... 7/10/2005
Lee Hellmuth
16534 Las Casas Place
Pacific Palisades, CA 90272
July 3, 2005
Deschutes Community Development Department
117 NW Lafayett Ave
Bend, Oregon 97701-1764
Dear Deschutes County Commissioners:
RE: Ballot Measure 37 Claim Number M37-05-8; Hellmuth
The intent of this letter is give the Deschutes County Commissioners some background
information and restate my position of requesting renewal of property rights rather than
financial compensation under Measure 37.
Two summers ago I asked the Oregon Parks and Recreation Department local manager to
visit my property because of the fire danger caused by dead and falling trees. After the
visit, I was told that the State did not have enough funds to clean out the Parks property
boarding my property. The Parks property borders my property North, West, and South.
The State Parks denied any request to remove the fire danger from the Park. I have the last
property on the road and I'm concerned about fire and fire evacuation. I decided to create
an emergency exit via my existing boat ramp in case a fire blocked the road exit. This
emergency exit could be used by family and neighbors. (There was a fire on the Fall River
a few years ago.)
There has been a boat ramp/slip on my property since at least the early 1960s per one of the
long time neighbors who grew up close to my property. I have a 1979 photo of the boat
ramp/slip showing a footprint length of 22 feet and width of I 1 feet. I cleaned out the boat
ramp portion of the existing boat ramp/slip with a footprint of about 10 feet long. A few
days later I received telephone calls from Deschutes County representative and others
stating that I must stop all work on the Fall River because I did not have a permit. I had no
idea a permit was required to do maintenance on a boat ramp.
I invited all agencies to my property for a site visit. The County representative told me that
I would have to obtain permits and provide proof that the boat ramp/slip had not been
abandoned. The Division of State Lands told me to fill in the boat ramp/slip or they would
fine me $1,800 because I did not obtain a $50 permit from them. I started the permit
process not knowing what agency would approve or deny my application. The County
representative told me that the burden of proof was on me and that I should seek legal
advice, as she was not familiar with all the regulations pertaining to my boat ramp/slip
situation.
I did obtain an attorney based on the County representative advice. The attorney cautioned
me to move slowly as he wanted to be sure that all involved agencies were in agreement
prior to spending money on the permits. I started to gather information for the County
permits.
About this time I found out about Measure 37 and filed my Measure 37 claim with
Deschutes County. I notified the agencies that I filed Measure 37 and that I would wait for
Measure 37 results before continuing with the permit process.
My Measure 3 7 position is that Deschutes County changed the zone on my property after I
purchased the property in 1978. These new zone designations put use restrictions including
permits, time delays, and fees that devalued my property.
In order to determine the value loss due to the Deschutes County zoning restrictions, I
enlisted the expertise of an established real estate broker, John Gibson. John is a well-
known, long-time real estate broker currently living and working in the area of my property.
Based on his experience, John Gibson estimated that my property with the Oregon
Deschutes County zoning restrictions is worth around $20,000 less than the same property
without restrictions.
Deschutes County placed the restrictions of Flood Plain Zone, Wildlife Area Combining
Zone, Landscape Management Combine Zone, and Forest Use Zone on my property after I
purchased the property. Again, these zone designations put use restrictions including
permits, time delays, and fees that did not exist at the time of purchase
To date, I have already spent over $2,000, including legal fees, to restore my boat ramp/slip
on my property to its original state that would not have cost anything prior to the Deschutes
County zoning designation change.
2
I have stated from the beginning that I am not interested in receiving the dollar amount of
my devalued property. I just want my property rights restored to what they were when I
purchased the property. If you remove the Deschutes County Zone(s) that place restrictions
on my boat ramp/slip designation from my property, then everything will go back to the
way it was.
There is no public benefit for the Deschutes County Zone(s) designation on my property.
My property is isolated and my closest neighbor, John Brag, is in favor of the boat
ramp/slip. He volunteered to document his position in favor of my boat ramp/slip, if
requested. Very few boats come up the Fall River due to the shallow river at the upper end
of my property and all boats turn around and leave the Fall River at that point There is very
little foot traffic on the Fall River on and by my property. I am on record with the Oregon
State police to allow fisherman on my property.
I have been a good caretaker of my Fall River property. I was the only property owner in
the Deschutes County to apply and be accepted into the riparian program on the Fall River.
I placed about 3000 feet of river frontage in this program. I worked with Ted Fees (now
retired) of the State Fish and Wildlife on this project. I allowed access to the Fall River
through my property for the local fly fishing club to plant redside trout eggs in the Fall
River for several years (photo of egg box in Fall River on my property is attached). I again
worked with Ted Fees on this project. I thinned the trees and have planted over 2000 trees
on the Fall River property. I worked with the State Forester, Stewart Otto, on this project. I
put out hay for the animals on heavy snow winters. I am not here to destroy the
environment; rather I take care of my property and maintain it for future generations.
Summary:
Measure 37 gives you the authority to return my property rights to what they were when I
purchased my property or to financially compensate me for the decreased value caused by
the restricting zone(s). My choice is to have my property rights restored.
My Measure 37 claim should not be denied as I have provided proof that my property has
been devalued because of the Deschutes County zoning.
Sinc ly
Lee Hellmut
Cc: John Gibson
Legal File
3
va,
r,
F -II~M
DOCUMENT POOR QUALITY
AT TIME OP RECORDING;
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
Memorandum
TO: Deschutes County Board of County Commissioners
FROM: Kristen Maze, Associate Planner
DATE: September 12, 2007
SUBJECT: Home Occupation Text Amendment /con't Public Hearing TA-07-01
Home Occupation Text Amendment
At the Board of County Commissioners ("Board") Work Session on September 5, 2007 the
home occupation code issues listed below were discussed. Attached is the Home
Occupation Ordinance and Code for review and approval by the Board. The proposed home
occupation code revision was drafted with the intent is to clarify the language for
administration and enforcement purposes.
Gross Vehicle Weight -New language proposed by the Board will include "gross
vehicle weight" through out the home occupation code. Language proposed for Type 2
home occupation is as follows; Allows on-site one (1) business-related vehicle or
truck not exceeding 15,000 pounds gross vehicle weight and one (1) other non-
motorized wheeled trailer which shall not exceed 10,000 pounds gross vehicle
weight.
Type 1 size limit for owner/operator vehicles will remain the same allowing "one
business-related truck not exceeding 15,000 pounds gross vehicle weight and one
non-motorized trailer which shall not exceed a gross vehicle weight of 3,000
pounds".
2. Outside Storage Buffer Zone -Type 3 home occupation will include a 20 foot setback
for buffering outside storage of equipment and materials on 10 acre parcel and the
language "fully" will be omitted from the description of screening. The section is
proposed as follows;
May include outside storage of equipment and materials on the parcel approved for a
home occupation not to be included in the 35 percent of the combined floor area.
Outside storage may be permitted only if the applicant shows that adequate
Quality Services Performed With Pride
minimum 20 foot setbacks from all property lines are
provided, and shall be maintained, to screen materials and equipment from residences
on adjacent properties. The form of screening may include, but is not limited to:
i. A sight-obscuring fence, as defined in DCC 18.04.030.
ii. Intervening a tree cover.
iii. Topography.
iv. Existing buildings on site.
V. Introduced landscape materials, including, but not limited to, trees and/or shrubs
on an earthen berm
3. Subjective Language -Subjective language proposed in DCC18.116.280 (d) (3) (j)
and (9) (k) such as "prolonged" will be retained.
4. Ground-Mounted Signs - Type 2 and 3 home occupations will include a maximum
height of 6 feet for all ground-mounted signs. The section is proposed as follows;
May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC
Chapter 15.08 that is no more than three (3) square feet in area, non-illuminated.
The ground-mounted sign and support structure shall not exceed 6 feet in
height and is located on the property from which home occupation will operate.
Such signs do not require a sign permit under DCC Chapter 15.08, Signs.
Attachments
1. Home Occupation Ordinance
2. Home Occuaption Code
3. Home Occupation Table
2 Staff Report TA-06-10
8/29/07
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REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code Title *
18, Supplementary Provisions for Home Occupations. * ORDINANCE NO. 2007-021
WHEREAS, at the request of the Board of County Commissioners ("Board") in response to issues that
occurred through application of the Code adopted in 2004 in response to issues that occurred through application
of the code adopted in 2004, Deschutes County Community Development Department staff initiated changes to
the Home Occupation provisions in the Deschutes County Code ("DCC"); and
WHEREAS the Planning Commission considered this matter after public hearings on March 22, 2007
and April 26, 2007 and forwarded amendments to the zoning regulations for Home Occupations to the Board;
and
WHEREAS the Board considered this matter after a public hearing on August 20, 2007 and concluded
that the public will benefit from changes to the land use regulations for home occupations; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.116.280, Home Occupations is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfilir.
PAGE 1 OF 2 - ORDINANCE NO. 2007-021 (8/20/07)
Section 3. FINDINGS. The Board of Commissioners adopts as it findings in support of this
amendment as in Exhibit "B" attached and incorporated by reference herein.
Dated this of 12007 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
MICHAEL M. DALY, CHAIR
DENNIS R. LUKE, VICE CHAIR
Recording Secretary TAMMY BANEY, COMMISSIONER
Date of Ist Reading: day of 12007.
Date of 2nd Reading: day of , 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Dennis R. Luke
Tammy Baney
Effective date: day of 12007.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2007-021 (8/20/07)
Exhibit "A"
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.010. Authorization of similar uses.
18.116.020. Clear vision areas.
18.116.030. Off-street parking and loading.
18.116.031. Bicycle parking.
18.116.035. Bicycle commuter facilities.
18.116.040. Accessory uses.
18.116.050. Manufactured homes.
18.116.070. Placement standards for manufactured homes.
18.116.080. Manufactured home or RV as a temporary residence on an individual lot.
18.116.090. A manufactured home as a temporary residence for medical condition.
18.116.095. Recreational vehicle as a temporary residence on an individual lot.
18.116.100. Building projections.
18.116.200. Repealed.
18.116.120. Fences.
18.116.130. Hydroelectric facilities.
18.116.140. Electrical substations.
18.116.150. Endangered species.
18.116.160. Rimrock setbacks outside of LM combining zone.
18.116.170. Solar height restrictions.
18.116.180. Building setbacks for the protection of solar access.
18.116.190. Solar access permit.
18.116.200. Repealed.
18.116.210. Residential homes and residential facilities.
18.116.215. Family childcare provider.
18.116.220. Conservation easements on property adjacent to rivers and
streams-Prohibitions.
18.116.230. Standards for class I and II road projects.
18.116.240. Protection of historic sites.
18.116.250. Wireless telecommunications facilities.
18.116.260. Rock crushing outside the SM zone.
18.116.270. Conducting filming activities in all zones.
18.116.280. Home Occupations.
18.116.280. Home Occupations.
A. Home OccupationsUses Permitted Outright In All Zones.
1. Home occupations that operate from within a dwelling, have characteristics that are
indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph
(A)(2) shall be considered uses accessory to the residential use of a dwelling.
2. Home occupations under this subsection ~A4 that meet the following criteria are uses
permitted outright under Title 18 of the Deschutes County Code, the Deschutes County
Zoning Ordinance, in all zones:
a. ^ Fe r+ied ei Is conducted within a dwelling only by residents of the dwelling;
b. Does not serve clients or customers on-site;
c. Does not occupy more than 25 percent of the floor area of the dwelling;
d. -DR- mat h-ave-, epeFE4ing eharaeteristies tha4 pr-aduee eder-, dust, glare, flashing liots 8
noise that are deteetanie eff site, aFA-, Does not produce odor, dust, glare, flashing
lights, noise smoke or vibrations in excess of that created by normal residential use.
Exhibit "A"
e. Does not include the on-premisesite advertisement, display or sale of stock in trade.
B. Types. liewing ReSE yes the types of heme
Cle~.In addition to the home occupations allowed in Section A above, three Types of home
occupations maybe allowed with limitations on location and intensity of allowed uses. Type 1
allows low intensity uses and Types 2 and 3 allow progressively greater intensity of uses.
a-C. Type 1. Where permitted outright, a Type 1 home occupation does not require a land use
permit but shall be subject to the following 'i•~i+riteria. A Type 1 home
occupation: =i-ene t„a
Ia. Does not require a minimum parcel size.
2 1S eaffiea on Is conducted within a dwelling an&or a residential accessory structure
only by m mbefs of the f mil y hereside inresidents of the dwelling;
4. Does not occupy more than 25 percent of the combined floor area of the dwelling
including attached garage and one accessory structure.
5. roes nat genefate Creates no more than five (5) tamps-trips to the site per day 4&44&-_4te
for customers or clients, including parcel delivery services;
6e. May include employees or contractors that work off-site;
47. Does not produce prolonged odor, dust, glare, flashing lights or noise smoke, and
vibrations in excess of that created by normal residential use,
e8. Does not involve the pr-emisesite advertisement display or sale of stock in trade,
other than vehicle or trailer signageaiid--,.
9. Does not include building or ground mounted signs.
10. Does not include outsides storage of equipment or materials used in the operation of the
home occupation.
11. Has adequate access and on-site parking for not more than one (1) customer, or
delivery vehicle at any given time.
12. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds
gross vehicle weight and one (1) other non-motorized wheeled equipment (trailer)
which shall not exceed 3,000 pounds gross vehicle weight.
13. Complies with all requirements of the Deschutes County Building Safety Division and
the Environmental Health Division and any other applicable state or federal laws.
Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the state-
adopted building code.
14. Is conducted in such a way that it is compatible with the residential character, or in
resource zones, resource-oriented character of its location.
15. Does not involve any external changes to the dwelling in which the home occupation
will be established that would give the dwelling an outward appearance of a business.
16. Allows for servicing, inspecting, loading, and or dispatching of vehicles and equipment
incidental to the home occupation and stored within the dwelling, attached garage or
accessory structure.
D. Type 2. A Type 2 home occupation may be allowed as a condtional use with an approved
conditional use permit subject to the approval criteria below. A Type 2 home occupation is
not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128.015
or a site plan review under DCC Chapter 18.124.
60fidieiOflal -HSe-S am appi6N'ed eetiditienal aSe-permit. Soeh-aseS Type 2 home
occupations are subject to the standards of the zone in which the home occupation will be
established and the, f-i-al{ewing ertteria. A Type 2 heme eesopatten--fs--not su ee< to the
tindeF PGG Chapter 18. 124- . A Type 2 home occupation mat:
al. Is conducted from a property that is at least one-half (1/2) acre in size.
Exhibit "A"
2.b-. is eaff ied on Is conducted within a dwelling and/or an accessory building structure by
residents of the dwelling and no more than two (2) employees who report to the
property for work.
3. May include employees or contractors that work off site.
44. Does not occupy more than 25 percent, up to a maximum of 1,500 square feet, of the
combined floor area of the dwelling, including attached garage. and one (1) aeeessofy
baildingaccessory structure. T"° r nt of fleet e tha4 n be devet a
d5. May r„includes on-site sales of products associated with the home occupation that
are incidental and subordinate to the home occupation.
e6. Creates no more than ten (10) business-related vehicle trips to the site per day by
employees, customers or clients, and parcel delivery services.
V. Has adequate access a+fd-and on-site parking f ° employees and etisteffle for not more
than four (4) customer and employee, or delivery vehicles at any given time.
g8. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation.
49. Does not involve any external changes to the dwelling or the accessory structure in which the home occupation will be established that would givbuilding
e any
building an outward appearance of a business.
home a ...,t;l.., Rdue-ted "h"all be of " t,Ve ..ll„ „ted with the zene
where it -}S-16Eated. late streetufal alteratiens-a€feeting 4he fesideHtial appear-anee-vi a
and appfeved by the Pesehutes County Planning Pivisipi;
> dtist,
sffleke, eda light „tef f Feiie° with Fadia tele ,;s:"" r-eeeptian or- "thee f etar Does
not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in
excess of that created by normal residential use.
jl L Complies with all requirements of the Deschutes County Building Safety Division and
the Environmental Health Division and any other applicable state or federal laws.
Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the state-
adopted building code.
412. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC
Chapter 15.08, that is no more than three (3) square feet in area, non-illuminated.; The
ground-mounted sign and support shall not exceed 6 feet in height and is located on the
property from which the home occupation will operate. Such signs do not require a
sign permit under DCC Chapter 15.08, Signs.
113. May be subject to an annual inspection, as a condition of an approval, to ensure
compliance with the requirements of this section and the conditions of an approved
conditional use permit.
14. Allows on-site one (1) business-related vehicle or truck not exceeding 15,000 pounds
gross vehicle weight and one (1) other non-motorized wheeled trailer which shall not
exceed 10,000 pounds gross vehicle weight.
irt15. N4a~-Does not include outside storage of equipment or materials used in operation
of the home occupation.-
16. Is conducted in such a way that it is compatible with the residential character, or in
resource zones, resource-oriented character of its location.
17. All employee, customer and delivery vehicle parking spaces shall be on-site and shall
be located outside of the required zone setbacks.
3
Exhibit "A"
18. Any structure on the property where the home occupation is conducted shall be of a
type normally associated with the zone where it is located.
19. Does not include structural alterations affecting the residential appearance of a building
to accommodate the home occupation except when otherwise required by law, and,
then, only after the plans for such alterations have been reviewed and approved by the
Deschutes County Planning Division.
20. Allows servicing, inspecting, loading, and or dispatching of vehicles and equipment
incidental to the home occupation and stored within the dwelling, attached garage or
accessory structure.
21rr. The fella .:ng uses ° of °lla-vO°a as Type 2 heme ° pa*i°fisDoes not include
the following activities:
+a. Repair, towing, or storage of motorized vehicles and equipment, including but
not limited to automobiles, trucks, trailers, recreational vehicles, and boats.
gib. Detailing, painting, and upholstery of motorized vehicles.
moo. Businesses that store and use vehicles with a gross vehicle weight rating of
greater than or equal to 15,000 pounds or equipment with an operating weight
greater than or equal tool 0,000 pounds.
i-vd. Appliance repair.
w. Welding or machine shop.
E3. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved
conditional use permit. Suelipermit. Such uses are subject to the standards of the zone in
which the home occupation will be established, the applieable pr-evisieiis Of in DCC Ghapte
f Section 18.128.015, and the following limitations.
subjeet to site plan r-eview under- PGG Ghapter- 18. 124.
-A Type 3 home occupationis alle al:
1. Is conducted from a property that is at least one-half (1/2) acre in size.
2a. Is conducted in such a way that it is compatible with the residential character, or in
resource zones, resource-oriented character of its location.
3b. GIs conducted within a dwelling and/or an accessory building structure by
members of the 4 mil y whe Feside residents of the dwelling and no more than two
(2) employees who report to the property for work. May have a maximum of five (5)
employees at the home occupation located on property in an EFU, MUA10, or RR10
zone and that is at least 10 acres in size.
4. May include employees or contractors that work off site.
R i n one .,a that at least 10 ha of more ° than
aefes iii sii~e may 5e. Does not occupy more than 35 percent of the combined floor area of the dwelling,
including an attached garage. and one (1) accessory structure.
46. May ilncludea on-site sales of products associated with the home occupation that are
incidental and subordinate to the home occupation.
e7.
reates no more
than twenty (20) business-related vehicle trips to the site per day by employees,
customers or clients, including parcel delivery services.
€8. Has adequate access and on-site parking for not more than five (5) customer, employee,
or delivery vehicles at any given time. Vehicles used by the ° fa4oF to ° fiali°* the
weight more pounds must be
DCC' 19. "6 290(Bv31v;) thfe gh (y
4
Exhibit "A"
g9. Is limited to the hours and days of operation proposed by an applicant and approved
with a conditional use permit.
410.-Does not involve any external changes to the dwelling or accessory structure in
which the home occupation will be established that would give the dwelling an outward
appearance of a business.
eendueted shall be of ^ type nefmalb, asseeiated with the zeiie where it is 1•ee&ted. NE)
t ed t° the hame oeetipation ° °„t wheH ethe ,ise ° r-ed by law, "and _then
1 ..Cry the pl f eb alt° ^t: have been ed iid ed by the
+11.
smake, edef, ~teFf r-e~ee with radio ^r televisia ^th°r ~ ^*,,.r'. Does not
produce prolonged odor, dust, glare, flashing lights, noise smoke, or vibrations in
excess of that created by normal residential use.
12j. Complies with all requirements of the Deschutes County Building Safety Division and
the Environmental Health Division and any other applicable state or federal laws.
Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the state-
adopted building code.
113.-May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC
Chapter 15.08, that is no more than three (3) square feet in area, non-illuminated;. The
ground-mounted sign and support structure shall not exceed 6 feet in height and is
located on the property from which home occupation will operate. Such signs do not
require a sign permit under DCC Chapter 15.08, Signs.
114. May include outside storage of equipment and materials on parcels approved for a
home occupation, not to be included in the 35 percent of combined floor area. the
° are pizovided, and will be fnaintained, to
,
but is not limited to:
i. A sight obs g fenee, as de4 fied by this t:tlo
iii. T „ h
11,4,,,1..eed laiidseape ma4er-ial eltidin t but fief hFAited t trees and/ar- shrubs on
15m. The he i appfeval shall be reviewed every 12 menths by the plantiffig
required for appi:eval of the se Allows for servicing, inspecting, loading, and or
dispatching vehicles and equipment incidental to the home occupation and stored
within the buffered and screened outside area.
16. Requires review of the home occupation approval every 12 months by the planning
division to ensure compliance with the requirements of this section and the conditions
required for approval of the use.
17.Conducts all home occupation activities within one or more structures on the property
that are of a type normally associated with the zone where it is located.
18. Locates all employee, customer and delivery vehicle parking spaces on-site and outside
of the required zone setbacks.
19. Parks all vehicles used by the operator to conduct the home occupation that have a
gross vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or
Exhibit "A"
within a screened area according to the requirements of DCC 18.116.280(E)(21)(a)
through (e).
20. No structural alteration affecting the residential appearance of a building shall be
allowed to accommodate the home occupation except when otherwise required by law,
and then only after the plans for such alterations have been reviewed and approved by
the Deschutes County Planning Division.
21. Includes no outside storage unless the subject property is 10 or more acres in size and
the storage is setback a minimum of 20 feet from all property lines, and is maintained
to screen materials and equipment from residences on adjacent properties. The form of
screening may include, but is not limited to:
a. A sight-obscuring fence, as defined in DCC 18.04.030.
b. Intervening tree cover.
c. Topography.
d. Existing buildings on site.
e Introduced landscape materials, including, but not limited to, trees and/or shrubs on
an earthen berm.
(Ord 2007-021 § 1, 2007; Ord 2004-002 § 24, 2004)
6