2017-50-Minutes for Meeting June 09,1997 Recorded 2/23/2017DESCHUTES COUNTY OFFICIAL RECORDS CJ Z�17�5�
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EXCERPT FROM MINUTES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
June 9, 1997
Chair Nancy Pope Schlangen called the Board of County Commissioners
meeting to order at 10:00 a.m. County Commissioners present were
Nancy Pope Schlangen and Linda Swearingen. Also in attendance were
Brad Chalfant, Property Manager; Dave Leslie, Planner; Paul
Blikstad, Planner; Mike Maier, County Administrator; George Read,
Community Development Director; Mike Viegas, Risk Manager; Roland
Gangstee, Adult Corrections Program Manager; Kevin Harrison,
Planner; Julie Dotson, Mental Health Department; and Damian Syrnyk,
Planner.
1. DISCUSSION OF CHURCH OF THE LATTER DAY SAINTS REOUEST TO
REOPEN RECORD ON SP -95-60
Before the Board was a discussion of the request by the Church
of the Latter Day Saints to reopen the record on SP -95-60.
Damian reported Sharon Smith had submitted a request to reopen
the record on the churches application for their site plan.
They requested this record to be reopened so they can submit
an application to modify their site plan application. He
provided the Board with pages from the procedures ordinance so
he could outline how needed to proceed if this was the way the
Board wanted to go.
Damian reported there were two ways the Board could look at
this application. He felt one way was not to honor the
request to reopen the record. If that were the case, the
Board would finish the remand process by issuing a written
decision on the site plan. He stated the conditional use
permit would also die with the site plan and the church would
have to start over if they wanted to pursue this. If the
Board decided to honor the request to reopen the record, then
there were some decision which would need to be made during
the Wednesday meeting. If the Board chooses to reopen the
record, they would need to set a date for a new hearing. The
parties would need to be noticed that the record was being
reopened and specify what the testimony would be limited to
include.
Damian stated the church was proposing to submit a set of
building elevations, drawn to scale, that would show the
church at 28 feet 8 inches. He stated that on Wednesday with
the entire Board present, they would need to decide what
criteria was applicable. He stated the Board had some
discretion as to whether to receive oral and written testimony
or just oral testimony. Damian recommended, if the Board
MINUTES 1 JUNE 9, 1997
reopened the record, that they hold a hearing on this and
declare in the notice what issues would be allowed for oral
and written testimony.
Damian stated that one of the hand-outs he gave the Board was
a copy of Chapter 22.34 from the procedures ordinances. He
referred to section 22.34.040, Scope of Proceeding. He stated
that one of the things the ordinance does allow for, at the
Board's discretion, was to look at a permit and allow it to be
modified to address certain issues. It's at the Board
discretion to choose to allow the permit to be modified or to
make a final decision on a site plan, deny it, and then start
over. Damian stated the entire Board needed to be present in
order to decide what they wanted to do.
Commissioner Schlangen asked if this plan had been modified
before during the process. Damian stated that one of the
decisions the Board had made was that while the area of the
church was equivalent to what was proposed, they had proposed
a different height under the site plan application. Damian
stated the church had not submitted a formal application to
modify.
Commissioner Schlangen stated the site plan they submitted was
the one that went through the whole process and the public
hearing. It didn't get changed anywhere along the way.
Damian stated the church submitted a site plan with their
application for site plan review in July, 1995. They
submitted a revised site plan that was hand drawn in
September, 1995. The Hearings Officer approved a hybrid of
those two site plans that was dated and submitted in its final
form on April 9, 1996, which was the site plan the Board was
dealing with. The modification the church was proposing with
this request was for the height of the building only.
Commissioner Swearingen stated there were two issues which
were square footage and height. That was what the Board had
been looking at in the remand. We have not made a formal
decision but basically the church had met the criteria for the
square footage, but they did not under the height requirement.
Commissioner Swearingen stated that if they were to make a
modification back at 28.8 inches then they would be within
their original conditional use. Damian stated that would be
one of the findings the Board would have to make as part of
their final decision about whether that was consistent with
what was approved under the conditional use permit.
Commissioner Swearingen stated that based on the current
ordinance, they could go ahead and reopen the record, allow
them to make a modification and base a decision on that.
Damian stated that would also involve notifying all of the
parties, setting a hearing date and limit it to written and/or
MINUTES 2 JUNE 9, 1997
oral testimony. Damian stated that one thing the Board will
notice when they look at the language in the code on
procedures was that they do need to allow the parties to raise
new issues that relate to this new evidence.
No action was taken on this item, as this was a work session.
DATED this 9th day of June, 1997, by the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secre ary
Robert L. Nipper, Commissioner
2
Linda L. Swearingen, Commissioner
MINUTES 3 JUNE 9, 1997