2017-64-Minutes for Meeting November 12,1985 Recorded 2/23/2017DESCHUTES COUNTY OFFICIAL RECORDS r} 2017-64 NANCY BLANKENSHIP, COUNTY CLERK lid COMMISSIONERS' JOURNAL 02/23/2017 11:58:23 AM implimm111 DESCHUTES COUNTY BOARD OF COMMISSIONERS NOVEMBER 12, 1985 PUBLIC HEARING -REGARDING AP 85-5 AN APPEAL TO THE HEARINGS OFFICERS DECISION ON SE 85-6, SETBACK EXCEPTION FROM SPRING LAKE Chairman Tuttle called the Public Hearing to order at 11:00 a.m. for the purpose of considering an appeal to the Hearings Officer's decision of a setback exception for Rollo Millette. Commissioners Prante and Maudlin were in attendance; Rick Isham, Legal Counsel, was also present. Chairman Tuttle recapped the Hearing to this point, stating that this meeting is a continuance from 9:00 a.m. this morning. He added that Craig Smith, Planning Director, presented the staff report; Myer Avedovech presented the appeallant's case; a brief recap followed by Mr. Smith, then the Board visited the site and asked questions regarding the building location. Chairman Tuttle stated that there were no further deliberations. Commissioner Prante concurred with Chairman Tuttle, stating that the Board observed the property and asked questions; however, did not deliberate. Commissioner Maudlin stated that the site was staked in two different ways; the original proposed location and then one that was moved back to the east five feet - directly away from the spring. Commissioner Maudlin stated that the Board walked the site and asked questions. Chairman Tuttle stated that this would be an opportunity for anyone to ask questions. Mu Ryeom, P.O. Box 806, Bend, asked if any access to the River or any of that area is all enclosed by private property? Mr. Avedovech noted that the subdivision provides within its common area, no public access to the lake. Commissioner Maudlin questioned the change in location of the house, stating that his concern is the smaller, more fragile stream that is almost directly in front of the proposed dwelling, and asked if the Millettes would be opposed to moving the location of the house back towards the road and away from that southern -most spring. Mr. Avedovech noted that the spring that Commissioner Maudlin spoke about does not necessarily fit the.most sensitive cri- teria. He added that the Millettes are not opposed to doing slight modifications. Commissioner Maudlin reiterated that he is not opposed to building the home in the location mapped out; however, he would like to recommend cooperation between the Millettes and the Planning staff. Mr. Avedovech pointed out that his clients picked up the staff's conditions at 10:40 a.m. this morning and although it is not phycially impossible to meet the building requirements, they are not builders and cannot, therefore, guarantee that all building requirements can be met, i.e., physical building debth of 8 to 12 inches. Chairman Tuttle stated that the Board of Commissioners is the Hearings Body and can hear modifications of conditions if the situation arises. Harry Hayward, 17038 Cooper Drive, Bend, requested clarification of item number 4 on the staff's conditions regarding 8 to 12 inches - he does not believe it meets the building code. Mr. Smith stated that the depth requirements vary with the type of residence constructed. Chairman Tuttle requested further comments; hearing none, he closed the Hearing. MOTION: TUTTLE entertained a motion to reverse the Hearings Officer's decision on denying the appeal of the setback exception SE 85-6 establishing condi- tions as noted and findings will be developed and mailed with the decisions. MAUDLIN: So move. PRANTE: Second. VOTE: UNANIMOUS APPROVAL. DETES COUNTY BOARD OF COMMISSIONERS LAUR CE A. TUf'TLE, CHAIRMAN Aof 4140, • S BRISTOW PRANTE, COMMISSIONER MAUDLIN, COM ISSIONER BOCC:kbw 85-102