HomeMy WebLinkAboutOrdinance 003 - Minor VariancesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 22, 2010
Please see directions for completing this document on the next page.
DATE: March 11, 2010
FROM: Chris Bedsaul. CDD Phone #383-6719
TITLE OF AGENDA ITEM:
Public hearing and consideration of first reading of Ordinance 2010-003 Amending DCC 18.132.02 ;
To Allow Minor Variances to Recognize Long -Standing Occupation of Properties Not Located in F: trm
(EFU) or Forest (F) zones.
PUBLIC HEARING ON THIS DATE? YES .
BACKGROUND AND POLICY IMPLICATIONS:
Some subdivisions in the County were divided by the original property owners using non -registered
surveyors hired to establish the legal descriptions for the deeds and to and provide some kind of
monuments marking property locations within the tract. Original property deeds for individual
properties in the Dustan Road neighborhood area were sold and recorded based upon "Aliquot" part
descriptions of the section rather than referencing a subdivision plat.
Beginning in the 1960's, Professional land surveyors began to locate individual tax lots of some of t iese
neighborhood based on deed descriptions using the aliquot parts of the section. Soon , it became very
apparent to the Professional land surveyors that there were conflicts between the legal descriptions .tnd
property lines used for development of existing dwellings, structures and roads. Due to these
discovered property location conflicts, many existing property owners have been encumbered with
conflicts between their actual areas of occupation and their legally described ownership.
These kinds of boundary disputes sometimes may be resolved by property line adjustments betweei
neighbors; otherwise, property owners have to go to court to resolve these disputes. In the case of s pme
subdivisions, there are so many properties involved that individual property line adjustments are
problematic under the current code because of the variance requirements in DCC Chapter 18.132.
Staff initiated this amendment to DCC 18.132.025 at the request of the Board. This text amendmert
will remove barriers in the code and allow property owners to more cheaply and expeditiously engage
in property line adjustments in order that the legal descriptions of their lots may more accurately re lect
the occupation areas that have been in use for many years.
FISCAL IMPLICATIONS:
This will likely result in more minor variance and lot line adjustment applications submitted and,
therefore, more land use permit fees being paid. Because of the complicated nature of these
descriptions, review of these applications may exceed the fee listed in the County's fee schedule foi
minor variance applications.
RECOMMENDATION & ACTION REQUESTED:
Board hold a public hearing on March 22, 2010, accept public testimony, close the public hearing,
conduct deliberations, and approve Chair conducting the first reading of Ordinance No. 2010-003.
ATTENDANCE: Chris Bedsaul
DISTRIBUTION OF DOCUMENTS:
CDD Staff County Surveyor.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
18.132.025 To Allow Minor Variances to Recognize
Long -Standing Occupation of Properties Not
Located in Farm (EFU) or Forest (F) Zones.
ORDINANCE NO. 2010-003
WHEREAS, at the request of the Board of County Commissioners ("Board"), Deschutes Coun y
initiated this text amendment to Deschutes County Code ("DCC") 18.132.025, Minor Variances, in order o
permit conditional property line adjustments that would reduce the size of substandard properties by more th .n
ten (10) percent in all zones, except in Farm (EFU) and Forest (F) zones, and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held )n
February 11, 2010 before the Deschutes County Planning Commission and, on that same day, the Planni rg
Commission recommended approval of the text amendments; and; and
WHEREAS the Board of County Commissioners considered this matter after a duly noticed pub is
hearing on March 22, 2010 and concluded that the proposed changes are consistent with the Count. 's
Comprehensive Plan and that the public will benefit from changes to the land use regulations; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAITdS
as follows:
Section 1. AMENDMENT. DCC 18.132.025, Minor Variances, is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined a 1d
language to be deleted in Gtrikethrough.
///
PAGE 1 OF 2 - ORDINANCE NO. 2010-003 (3/22/10)
Section 2. FINDINGS. The Board of Commissioners adopts as it's findings in support of th s
amendment Exhibit "B", attached and incorporated by reference herein.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Date of 1St Reading: day of , 2010.
Date of 2nd Reading: day of , 2010.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Dennis R. Luke
Alan Unger
Tammy Baney
Effective date: day of , 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-003 (3/22/10)
Chapter 18.132. VARIANCES
18.132.010.
18.132.020.
18.132.025.
18.132.030.
18.132.040.
Variance Application.
Authority of Hearings Body.
Minor Variances.
Hearings Body Action on Variance.
Variance Procedure.
18.132.010. Variance Application.
The Planning Director or Hearings Body may authorize area or use variance from the requirements of DCC
Title 18. Application for a variance shall be made by petition stating fully the grounds of the application
and the facts relied upon by the petitioner.
(Ord. 91-020 §1, 1991)
18.132.020. Authority of Hearings Body.
A variance may be granted unqualifiedly or may be granted subject to prescribed conditions, provided that
the Planning Director or Hearings Body shall make all of the following findings:
A. Area variance.
1. That the literal application of the ordinance would create practical difficulties resulting in greater
private expense than public benefit.
2. That the condition creating the difficulty is not general throughout the surrounding area but is
unique to the applicant's site.
3. That the condition was not created by the applicant. A self-created difficulty will be found if the
applicant knew or should have known of the restriction at the time the site was purchased.
4. That the variance conforms to the Comprehensive Plan and the intent of the ordinance being varied.
B. Use variance.
1. That the literal application of the ordinance would result in unnecessary hardship to the applicant.
An unnecessary hardship will be found when the site cannot be put to any beneficial use under the
terms of the applicable ordinance.
2. Each of the findings listed in DCC 18.132.020(A)(1), (2) and (4).
(Ord. 93-043 §24, 1993; Ord. 91-020 §1, 1991)
18.132.025. Minor Variances.
A variance seeking to depart from on-site requirements of DCC Title 18, such as setbacks and area
requirements, by no greater than 10 percent of the required distance or area may be granted by the Planning
Director or Hearings Body in conformance with DCC 18.132.025.
A. In the case of a setback or size variance, the applicant shall show that the approval will result in:
1. More efficient use of the site;
2. Preservation of natural features where appropriate;
3. Adequate provision of light and privacy to adjoining properties; and
4. Preservation of topographic, vegetative and drainage features which would be adversely affected by
application of the standards otherwise required by DCC Title 18.
B. A parcel that is smaller than the minimum lot size at the time of application may not be reduced by more
than 10 percent from its current size without a variance.
(Ord. 2004-013 §15, 2004; Ord. 91-038 §3, 1991)
PAGE 1 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 2010-03
Chapter 18.132 1 (3/2010)
C. Notwithstanding B, above, a substandard property m y be reduced by more than 10 percent of its
current size without a variance if the property is:
1. Located outside of a Farm IM) or Forest (F) zone;
2. The purpose of the property line adjustment is to correct deed descriptions to coincide with
long-standing occupation lines of the properties; and
3. The discrepancy between the deed lines and the occupation lines is documented by submittal
of a narrative and maps prepared by an Oregon Licensed Professional Surveyor.
4. As used in this section, "long-standing" means in excess of ten (10) years.
(Ord. 2010-03. Ord. 2004-013 §15, 2004; Ord. 91-038 §3, 1991)
18.132.030. Hearings Body Action on Variance.
In granting or denying a variance, the Planning Director or Hearings Body shall make a written record of his
findings and the facts in connection therewith, and shall describe the variance granted and the conditions
designated. The Planning Department shall keep the findings on file, and a copy of the variance granted and
the condition thereof shall be recorded with the County Clerk.
(Ord. 91-020 §1, 1991)
18.132.040. Variance Procedure.
The variance application shall be processed according to the terms of DCC Title 22, the Uniform
Development Procedures Ordinance.
(Ord. 91-020 §1, 1991)
PAGE 2 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 2010-03
Chapter 18.132 2 (3/2010
FILE NUMBERS:
APPLICANTS/
PROPERTY OWNERS:
REQUEST:
DECISION OF THE DESCHUTES COUNTY
BOARD OF COUNTY COMMISSIONERS
TA -09-8
Deschutes County
117 NW Lafayette Avenue
Bend OR 97701
The applicant requests a Text Amendment in order to permit
minor variances that would allow conditional property line
adjustments that would reduce the minimum lot sizes of the zone
by more than 10 percent in all zones, except in Farm (EFU) and
Forest (F) zones.
APPLICABLE STANDARDS AND CRITERIA:
1. Title 18 County Zoning
Chapter 18.132
Chapter 18.136
2. Title 22 Deschutes County Development Procedures Ordinance
Chapter 22.08
Chapter 22.12
3. Title 23 Deschutes County Comprehensive Plan
Chapter 23.124
II. FINDINGS OF FACT:
History:
The Deschutes County Board of Commissioners adopted regulations for land development in
PL -2, Subdivision Ordinance, on September 9, 1970, PL -5 Zoning Ordinance adopted
December 2, 1971 and effective on January 1, 1972 and PL -14, Subdivision and Partition
Ordinance adopted and effective November 1, 1979.
Deschutes County contains multiple subdivisions and other land divisions that have occurred
prior to and after the adoption of regulations noted above. Land divisions in Deschutes County
prior to 1970 were typically subject to ORS 92 beginning in 1955.
An example of one such subdivision (See Attachment "A") is the Dustan Road area. Portions of
the Dustan Road area' were divided by the original property owners beginning in 1951 after
non -registered surveyors were hired to establish property lines and provide some kind of
monuments marking property locations within the tract. Original property deeds for individual
' The Dustan Road neighborhood contains approximately 200 individual tax Tots, including multiple
properties owned by Deschutes County. The Dustan Road neighborhood is bordered on the north by
Burgess Road, on the west by Dorrance Meadows Road, on the south by Timber Haven Subdivision and
on the east by Lechner Acres and Woodland Park Homesites.
PAGE 1 OF 9 — EXHIBIT "B" TO ORDINANCE 2010-003 (3/22/2010)
properties in the Dustan Road neighborhood area were sold and recorded based upon "Aliquot"
part descriptions of the section. Beginning in 1961 Professional land surveyors began to locate
individual tax lots of the Dustan Road neighborhood based on deed descriptions using the
aliquot parts of the section. In 1961, it became very apparent to the Professional land
surveyors, there were conflicts between the legal descriptions and actual property lines used for
development of existing dwellings, structures and roads. Due to the property location conflicts
discovered in 1961, many existing property owners were encumbered with conflicts between
their actual areas of occupation and their legally described ownership. These kinds of boundary
disputes sometimes may be resolved by property line adjustments between neighbors;
otherwise, property owners have to go to court to resolve these disputes. In the case of the
Dustan Road properties, there are so many properties involved that individual property line
adjustments are problematic under the current code because of the variance requirements in
18.152. This amendment would remove barriers in the code and allow property owners to more
cheaply and expeditiously engage in property line adjustments.
The Deschutes County Planning Commission held a public hearing for TA -09-8 on February 11,
2010, accepted testimony regarding the proposed text amendment, amended proposed text in
Chapter 18.132.020, closed the public hearing, deliberated and voted unanimously to
recommend the Board of County Commissioners adopt TA -09-8. The BOCC (Board) held a
public hearing for TA -09-08 on March 22, 2010 and no parties testified in favor of or in
opposition to this text amendment. The Board closed the public hearing and voted to approve
TA -09-08.
The Board notes that the conditional criteria listed in the new amended text of 18.132.025(C)
may not be applicable to resolve other property conflict situations due to survey or deed
description errors.
III. CONCLUSIONS OF LAW:
TEXT AMENDMENT
1. Title 18, County Zoning
FINDING: DCC Title 18 may be amended as set forth in DCC 18.136.
2. Chapter 18.132 VARIANCES
FINDING: This text amendment, adding sub -section 18.132.025(C), will provide a limited
opportunity for Deschutes County property owners to allow a substandard property to be reduced
by more than 10 percent of its current size without a variance, if the property is located outside of
a Farm (EFU) or Forest (F) zone and the purpose of the property line adjustment is to correct
deed descriptions to coincide with long-standing occupation lines of the properties
3. Chapter 18.136 AMENDMENTS
Section 18.136.010 Amendments.
DCC Title 18 may be amended as set forth in DCC 18.136. The
procedures for text or legislative map changes shall be as set forth in
DCC 22.12. A request by a property owner for a quasi-judicial map
amendment shall be accomplished by filing an application on forms
PAGE 2 OF 9 — EXHIBIT "B" TO ORDINANCE 2010-003 (3/22/2010)
provided by the Planning Department and shall be subject to
applicable procedures of DCC Title 22.
FINDING: This application will amend portions of Title 18 in accordance with all provisions of
county and state land use laws.
4. Title 22 Deschutes County Development Procedures Ordinance
5. Chapter 22.08 GENERAL PROVISIONS
22.08.005 Pre -application conference.
FINDING: The applicant has conferred with appropriate members of County staff prior to
making application.
6. Chapter 22.12 LEGISLATIVE PROCEDURES
22.12.010 Hearing Required.
No legislative change shall be adopted without review by the
Planning Commission and a public hearing before the Board of
County Commissioners. Public hearings before the Planning
Commission shall be set at the discretion of the Planning Director
unless otherwise required by state law.
FINDING: A hearing on February 11, 2010 has been conducted by the Planning Commission
for review of this proposal. The Board of County Commissioners conducted a public hearing on
March 22, 2010 to consider this text amendment after the Planning Commission made a
unanimous recommendation for approval to the Board of County Commissioners.
22.12.020 Notice.
FINDING: Copies of the application and materials were mailed to the Department of Land
Conservation and Development on December 8, 2009. The notice of a public hearing for the
Text Amendment was published in The Bend Bulletin newspaper on January 10, 2010 and
March 2, 2010. The Board notes that the Text Amendment application does not include a
change in statute or administrative rule that requires Deschutes County to change the base
zoning classification or adopt an amendment to an Ordinance that limits or prohibits otherwise
permissible land uses previously allowed; therefore, the notification requirements of ORS
197.047 does not apply.
22.12.030 Initiation of legislative changes.
A legislative change may be initiated by application of individuals
upon payment of required fees as well as by the Board of
Commissioners or the Planning Commission.
FINDING: The applicant is the County Planning Division, as directed by the Board of
Commissioners. A complete application has been submitted.
PAGE 3 OF 9 — EXHIBIT "B" TO ORDINANCE 2010-003 (3/22/2010)
7. Title 23 Deschutes County Comprehensive Plan
8. Chapter 23.124. CITIZEN INVOLVEMENT
23.124.020 Goals.
A. To promote and maintain better communication between the
community's various segments (i.e., governmental agencies,
business groups, special districts and the general public).
B. To provide the opportunity for the public to identify issues of
concern and encourage their involvement in planning to
addresses those issues.
C. To serve as a liaison between elected and appointed bodies
and citizens of the county.
D. To provide educational opportunities for the people to learn
about planning and how it may be used to assist their
community and themselves.
FINDING: Public involvement has been actively encouraged through two (2) public hearing
notices posted in the Bend Bulletin local newspaper. The Deschutes County Planning
Commission held a public hearing for TA -09-8 on February 11, 2010 and the Board of County
Commissioners held a public hearing for TA -09-08 on March 22, 2010. Any public testimony
was received during each hearing. The County initiated TA -09-8 to respond to public requests
for assistance to property owners in the Dustan Road and/or other areas in the County that
would conditionally permit property owners to exceed minimum lot size requirements in 18.152.
PAGE 4 OF 9 - EXHIBIT "B" TO ORDINANCE 2010-003 (3/22/2010)
ATTACHMENT "A"
PAGE 5 OF 9 - EXHIBIT "B" TO ORDINANCE 2010-003 (3/22/2010)
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