HomeMy WebLinkAboutFeeWaiver Request - Additional Comments534 SW Third Avenue, Suite 300 • Portland, OR 97204 • (503) 497-1000 • fax (503) 223-0073 • www.friends.org
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Celebrating Thirty-five Years of Innovation
October 12, 2010
Deschutes County Board of Commissioners
1300 NW Wall Street
Bend, OR 97701
VIA EMAIL
Re: Fee Waiver for application for Text Amendment
Dear Board,
Thank you for the consideration of public concerns on question of whether Ms. Kelly Brown
should receive a fee waiver for her application for a text amendment allowing commercial uses
such as weddings on EFU land. Please place these comments in the record, and place 1000
Friends on any mailing list related to this matter.
1000 Friends of Oregon is a nonprofit, charitable organization dedicated to working with Oregonians
to enhance our quality of life by building livable urban and rural communities, protecting family
farms and forests, and conserving natural and scenic areas.
We support the Staff’s recommendation. This will undoubtedly be a controversial issue with volumes
of public input, and could very possibly end up in appeal. As such it is likely to cost the County far
more than the $10,000 fee currently required. Further, the timing of the application is poor.
Apparently staff is already quite busy. However, in our eyes, one of the most significant
considerations is the fact that there is currently a Uses on Farmland Task Force that will be
recommending legislative amendments in the 2011 session. The results of that legislation could well
make any text amendment moot. As a result we do not believe that it is a good use of County
resources to engage in this debate at the present moment.
If the applicant would like to push to have this matter taken up at this inopportune time despite the
pending legislation, the applicant should pay for the privilege. The County has generously placed this
topic on its list of priority issues to be addressed next year. At that point in time we will know the
outcome of the legislative session, and the County will have staff resources scheduled for the effort.
It will be a far better time to address the issue.
Finally, the current application entirely fails to meet the criteria for a fee waiver. The applicant has
failed to even allege that she is without adequate financial resources, or that waiver of the fee would
be a public benefit in any way. As such, even the decision to grant a fee waiver could easily be
Central Oregon Office Page 2
115 NW Oregon Ave #21
Bend, OR 97701
(541) 719-8221
appealed causing the same delay that would occur if it were simply denied. However, it would cost
both the County, and the citizens far more money.
For these reasons we urge you to deny the fee waiver, and encourage the applicant to wait until the
conclusion of the legislative session to take up the matter again.
We are very interested in the topic of what commercial uses may be allowed on EFU lands. 1000
Friends will be vigorously participating in the debate on this topic at the legislature. We look forward
to working productively with Deschutes County to find a good balance that will allow financially
stable use of farm land, and keep farm land in farm uses. Please place us on any mailing lists you
may have to notify the public about such events.
Best Regards
Pam Hardy
Staff Attorney & Central Oregon Advocate
1000 Friends of Oregon