2009-44-Minutes for Meeting August 08,2006 Recorded 2/5/2009DESCHUTES COUNTY OFFICIAL RECORDS 200944
NANCY BLANKENSHIP, COUNTY CLERK IiJ 7
COMMISSIONERS' JOURNAL
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2008-44
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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 BOARD MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 8, 2006
Commissioners' Hearing Room - Administration Building -1300 NW Wall St.., Bend
Present were Commissioners Dennis R. Luke, Michael M. Daly and Bev Clarno.
Also present were Laurie Craghead, Legal Counsel; Catherine Morrow and Kevin
Harrison, Community Development; and two other citizens.
The purpose the meeting was to make deliberations and possibly a decision
regarding an appeal of the Hearings Officer's decision concerning a lot of record
verification; file numbers A-05-14 and LR-05-56, Applicant: Waldron.
Chair Luke opened the meeting at 3: 00 p.m.
Kevin Harrison gave an overview of the June 22 hearing on this matter.
Commissioner Luke noted that he has not found anything in the title report
supporting the creation of two lots. Mr. Harrison said that a title report only does
certain things. In cursory review, the dates that come up in the title report are
consistent with staff decisions. There are no inconsistencies. It follows the chain
of title to identify encumbrances and ownership, but it does not make any status
determination if there are two lots or one.
Commissioner Luke said that it still doesn't mean the lots are buildable. Tax lots
can be sold. The issue that disturbs him is the well on the property. There were
reasons to do it the way they did, which may show they wanted to build on two lots.
Mr. Harrison said there is a 1974 water use agreement. Part of the motivation for
asking for the Board to review this case is the question of the adoption of PL-5, to
make it clear as to when it was adopted, effective and implemented, which is
importance. One thing staff hopes to achieve is a ruling on questions the applicant
presented regarding PL-5.
Deliberations regarding Waldron Lot of Record Verification Page 1 of 3 Pages
Tuesday, August 8, 2006
Commissioner Luke asked if there is any standing since no one testified against
this. Laurie Craghead said that it can be used to set precedence on other cases.
Mr. Harrison said that one major question was raised regarding the lot of record
decision. Mr. Speck presented a document that was stamped "approved" by the
County; does this create two separate legal lots.
Commissioner Daly stated that it looks like a subdivision to him. There is a
surveyor's plot plan for the two lots, which shows setting pins. It appears to be a
surveyor's copy of a plat.
Mr. Harrison noted that all of the processes started around 1972-74, when the
County started the land use process. Building and septic permits have been used to
recognize a valid lot. It appears that there is no case where a determination on this
one would cast light on another.
Commissioner Luke stated that he could support items 1, 2 and 3, for two lots,
based on this. Commissioner Daly said that he has seen a lot of these in his work
over the years, and it looks like a minor partition to him. All of the documents
were stamped "approved" on the same date; a partition plan and a plot plan for the
house.
Commissioner Luke said that these were stamped in 1974. There is an overview of
a subdivision and lots, and a plot plan. It says the pump house is on the property,
and an easement was taken out.
After further discussion on these issues, the Board took action.
LUKE: Move that staff draft findings supporting items number 1, 2 and 3 and
that the application be approved based on those findings.
DALY: Second.
VOTE: DALY: Yes.
CLARNO: Yes.
LUKE: Chair votes yes.
Being no further discussion, the meeting adjourned at 3: 40 p.m.
Deliberations regarding Waldron Lot of Record Verification Page 2 of 3 Pages
Tuesday, August 8, 2006
DATED this 8t" Day of August 2006 for the Deschutes County Board of
Commissioners.
DENNIS R. LUKE, Chair
71- a
BEV CLARNO, Commissioner
ATTEST:
Recording Secretary
Attachments
Exhibit A: Sign-in Sheet
Exhibit B: Questions before Board
Exhibit C: Agenda and backup information
Y. Vommissioner
Deliberations regarding Waldron Lot of Record Verification Page 3 of 3 Pages
Tuesday, August 8, 2006