Loading...
HomeMy WebLinkAbout2010-06-21 Business Meeting MinutesDeschutes 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 MONDAY, JUNE 21, 2010 _____________________________ Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend __________________________ Present were Commissioners Dennis R. Luke, Tammy Baney and Alan Unger; Deputy County Administrator Erik Kropp; Tom Anderson and Kevin Harrison, Community Development; and approximately thirty other citizens, including members of the Bicycle-Pedestrian Advisory Committee and representatives of the media. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. Citizen Johnny Corbin of the Central Oregon Veterans Association said that his group requested and received a grant for the traveling Vietnam War wall, which is a tribute to heroes, and wanted to read a letter in recognition of local veterans and talk about an even scheduled for August 12-15, with various stops in the area. He asked that the Board be present on August 12, at 6 PM, along with State Representatives and Senators. 2. Before the Board was the Reading of a Proclamation, Declaring Road User Safety Week in Deschutes County. Cheryl Howard, Chair of the Bicycle Pedestrian Advisory Committee, said that this recognizes User Safety Week in the area. Commissioner Baney read the Proclamation at this time. BANEY: Move approval. UNGER: Second. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 1 of 8 Pages VOTE: BANEY: Yes. UNGER: Yes. LUKE: Chair votes yes. Chair Luke said that the Board has received a few e-mail massages from bicyclists complaining about using chip sealing for road maintenance, which is hard to ride on. He stated that there are not funds for overlays, and chip sealing preserves the entire road. It turned out that the road is not a County road but is maintained by the State. Commissioner Baney added that leadership in the Road Department are also bicycling enthusiasts. Commissioner Unger said that cycling is becoming more popular in the area, and perhaps the roads that need improvement to make them better for cyclists should be part of a hierarchy for maintenance. Ms. Howard stated that there may be opportunities to work on this. Commissioner Unger stated that the State has some funding available for this kind of thing, and he would like information as to make a good case for those funds. 3. Before the Board was a Presentation of the “Big Chainring” and “Safe Sidewalk” Awards. Kevin Tansky awarded certificates to eight businesses regarding the “Safe Sidewalk” awards. These include High Desert Fitness; the Bend Plan Center; Interior Flooring Solutions; U.S. Bank; Miller Lumber Co.; the Old Mill District; Tollgate Property Owners Association; the Sisters Market; and the Redmond Downtown Urban Advisory Committee. Appropriate photos were taken. He said the culture of the community is changing. He recognized Bi-Mart for its ongoing support as well. The Big Chainring awards were then given for pedestrian and bicycle friendly and supportive work. The individual award went to Peter Warner, who volunteers to teach safety to students, and does a lot of outreach to the community. For public agencies, the award went to the City of Sisters for design and implementation around Sisters (Community Development and Public Works Department). For businesses, the Old Mill District won the award. The Peter Hanson Memorial Award to an individual went to David Blair. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 2 of 8 Pages Eli Ashley gave an overview of the Bicycle & Pedestrian Advisory Council, which is always seeking citizen input, and thanked the Commissioners and staff for their assistance. He specifically thanked Commissioner Luke for his efforts to get input from BPAC into transportation planning for the area. 4. Before the Board was Consideration of Signature of Order No. 2010-029, a Decision by the Board of Commissioners to Conduct an On-the-Record Review of Land Use Permits Granted for a Landscape Management Site Plan and a Lot Line Adjustment (Applicant: Eitel). Kevin Harrison stated that this is a quasi-judicial hearing regarding a detached garage and shop, a property line adjustment and a landscape management plan. On April 21, 2010, the review was initiated by the Board. The applicant has requested approval of a land use application to resolve a code enforcement issue. The location of the building did not meet required setbacks. Mr. Harrison completed the reading of the opening statement. In regard to ex parte conflicts, Commissioner Baney said she spoke with the Fraziers early on and referred them to the Community Development Department, but this will not affect her decision. Commissioner Luke stated that the Commissioners have discussed this in open meetings and have received information from staff. Commissioner Luke asked for clarification of input that will be allowed. Mark Pilliod replied that the Order previously adopted is on the record. That means that evidence provided with the application is the total amount of information needed. Chair Luke opened the public hearing. Mr. Harrison gave an overview of where the property is and how it is landscaped since there is a landscape management requirement. He noted that the building is not visible from the river. Design criteria for a landscape management zone is not required. The lot line adjustment was configured in such a way as to allow for the building to meeting all requirements. Commissioner Luke asked if there is anything on the record regarding the drain field and reserve area. Mr. Harrison indicated that he is not aware of any. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 3 of 8 Pages One property is getting smaller but by less than 10% of its original size, which is permitted by Code. This is a local provision, and the State is silent on this. He said that a review was conducted. Certain conditions of approval were placed on the applications. Based on the Order, the Board asked to review the landscape management plan and the lot line adjustment. Mr. Harrison said the lot line adjustment involved about 500 square feet of land. The structure is much larger than that. Commissioner Baney said that she understood they were going to hear the whole issue including permitting. Commissioner Unger stated that there are some policy issues, such as non- compliance with permits, and the cost of permits in general. He had hoped this would be discussed. Commissioner Luke agreed with Commissioner Baney and wants to look at more than the lot line adjustment situation. Mark Pilliod stated that the Order involves the land use file only. Commissioner Baney stated there was a blatant disregard of the law and the crux of the situation was how to move forward with this, and whether it can just be brought into compliance or if there are other things that can be done. Mr. Pilliod said that they have gone through Code enforcement, but the Board has no direct involvement with those proceedings except to establish overall policy. It is currently a judicial matter regarding Code staff and the applicants, and the Court. The Board has no direct involvement in the judicial part. The legislature has required Code enforcement matters regarding building permits be handled administratively and not judicially, but this would require modifying the procedure. The only matter before the Board now is the land use part, and not the building permits. Commissioner Luke asked if a building permit issuance is a land use action. Mr. Pilliod said that this is outside of land use action criteria. Mr. Harrison said that two letters were received from neighboring property owners. One was from Terry Partipillow and another was from Don Hartsall. He is not sure they are admissible within the criteria. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 4 of 8 Pages Commissioner Baney stated that she received an e-mail and a letter as well, which reinforce what is in the record. Cara Eitel and Matt Eitel, property owners, came before the Board. They said they started filing papers after hearing from Code enforcement. There was a misunderstanding regarding the back property line, so they applied for a lot line adjustment which was approved. They had to turn in a plot plan showing the building and lot lines. At that point the building had already been started. Mr. Eitel is a builder, but is no longer licensed. He said they had a bad winter, with family issues, and needed money to pay bills. They knew they might be doing something wrong but did not pay for the permits. Ms. Eitel said that it is a garage/shop with storage upstairs. There is no bathroom in it, as a septic evaluation needs to be done first to see if it is allowed. Mr. Pilliod said one of the letters was from someone who asked about the need for a fair resolution of the adjustment. He asked if the neighbors who traded land are satisfied with the arrangement, and Mr. Eitel said they are. Kathy Perkins owns property in the area. She is concerned about a number of things. The first thing is setting a precedence on that street that you can do whatever you want, and just have to worry about paying a potential fine at the end. She has nothing against the Eitels but they chose to build without benefit of permits. She is concerned about setting precedence. Had they gone through the proper channels, it would not be where it is now. Had it been built where it was supposed to be, no one would be complaining. She is concerned regarding the use of the building. Originally it was to be a shop with an in-law cottage. Then it was to be a shop with storage. Now it is to be a garage with a shop upstairs. She is married to a contractor and knows something about buildings. She took pictures for another neighbor, and was confronted by Ms. Eitel at the time. A petition has been signed by other residents of the area, letters have been sent and some people are in attendance. She said that government is supposed to serve all the people. The Eitels built in complete defiance of the law. The building department people have not done their job in looking out for all the people. She submitted a document for the record. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 5 of 8 Pages Commissioner Baney asked if there would have been enough room on the property to place the building in the proper location. Mr. Harrison said that the drain lines are noted on the plot plan. Commissioner Luke asked about the reserve area and how they would drive to the building. Mr. Harrison stated that Chris Bedsaul, who has retired from Community Development, did a site visit and documented his observations in the staff report. Ms. Perkins said that since the building department failed from the beginning, from the time the concrete was poured until now, she thinks that the building should come down. She feels the second story infringes on the rights of others. Commissioner Luke asked if the two story building meets solar setbacks. Mr. Harrison stated that is does, and the findings are in the staff report. The property runs northwest to southeast. Terry Frazier and Marty Frazier testified that they have the same concerns. Phone calls were made from the beginning of the project. People have driven over the drain field with the cement truck and other vehicles. The suggestion was made that they stop building when they realized they had gone onto the adjacent property. Mr. Eitel was a contractor and should have known what he was doing. They had not planned to get permits because they cost too much. Had they put this in the proper location and had gotten permits, it would be okay. Instead it looks right into the Frazier bedroom window, and is perhaps ten feet away. This affects their property value and privacy. Marty Frazier said they don’t want problems with the neighbors, but their rights have been infringed upon, and they have lost their privacy. Everyone has a right to build a shop, but not like this. The County let this happen. Someone needs to be held accountable for the fact that they just kept right on building. Mr. Pilliod reminded the Board that permitting is not part of a land use hearing. Mr. and Mrs. Eitel came before the Board again. Ms. Eitel said that they thought this was the best location for the building. If they had gotten permits, the process would have been about the same. The County did charge them double fines since then and they have done all that was required to make it legal. They did not continue to build, but asked the County if they could put the roof on to protect the inside of the structure. Applications were made for the lot line adjustment. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 6 of 8 Pages Mr. Eitel said that the angle of the property made it difficult to determine. They assumed the back point was still their property. He thinks the building would be in the same place. Commissioner Luke said that a land survey might be required. Mr. Harrison stated that the lot line adjustment would require a survey and recording deeds. The entire property would not have to be surveyed. The applicant is to provide a plot plan that is accurate. The Planning Division reviews the plot plan to make sure the proposed structure meets applicable zoning requirements. If a building permit is involved, that is handled by permitting. Mr. Harrison said the lot line application is signed by all of the affected property owners. Mr. Pilliod asked if the requirements would be different if the application was for an in-law cottage. Mr. Harrison said it is zoned RR-10, which allows for a single residence. No second residence is allowed unless it is for medical hardship reasons. Mr. Pilliod noted that the application is for a garage/shop building, and they have to evaluate the application based on the proposed use. The record was left open for seven days, until Monday, June 28 at 5 PM, just involving the legal issues. The record would be left open another seven days for the applicant to respond, until 5 PM on July 6. Diane Brock asked about the permitting issues, and how that would be dealt with. Chair Luke stated that the Commissioners will talk with staff about this. Those who have testified will receive notice. Kathy Perkins said she lives three homes down across the street, but she was not notified. Commissioner Luke asked her to share that with staff. The hearing was closed. Kathy Perkins asked if there is an issue with how something was handled, and suitable response does not occur, who is responsible. Commissioner Luke said they have discussed this issue with staff. The process may need adjustments. This is a unique situation and there are constraints through Code and State law. Ms. Perkins asked who she can go to. Commissioner Baney stated that the Board will need to learn how to answer those questions, and that will be accomplished through meetings with staff. Minutes of Board of Commissioners’ Business Meeting Monday June 21, 2010 Page 7 of 8 Pages