HomeMy WebLinkAboutOrdinance 022- ATT system varianceDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 9, 2009
Please see directions for completing this document on the next page.
DATE: August 26, 2009.
FROM: Laurie Craghead. Legal 388 -6623
TITLE OF AGENDA ITEM:
Consideration of adoption of Ordinance 2009 -022, An Ordinance Providing for a Variance from
Ordinance 2008 -019 for the Replacement of Dwellings for Low Income Property Owners Due to
Catastrophic Events and Declaring an Emergency.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
At the Board's August 19, 2009 work session, Tom Anderson brought to the Board a discussion
regarding a couple in South County whose house was destroyed by fire and they had no homeowner
insurance to cover the cost of rebuilding the the home. Additionally, the couple has very little incor ie.
Because the replacement dwelling would be considered a major alteration under the state regulation,
for onsite wastewater systems (septic system), this couple would be required to install a nitrogen -
reducing septic system in accordance with Ordinance 2008 -019. The Board decided at the work session
that it would like to make an exception to the requirements for people in situations such as the one in
which this couple finds itself. Thus, the Board directed staff to draft an ordinance providing for a
variance to Ordinance 2008 -019 to help such people. Ordinance 2009 -022 was drafted to comply with
that direction.
FISCAL IMPLICATIONS:
Additional staff time will be needed in reviewing the application for the exception and will not be p, id
for by application fees. Additionally, such exceptions may have ramifications for whatever financia 1
assistance programs the county may establish for upgrading onsite systems to nitrogen- reducing
systems.
RECOMMENDATION & ACTION REQUESTED:
The staff recommends that the Chair conduct first and second readings by title only, and adopt the
ordinance by emergency.
ATTENDANCE: Tom Anderson and Laurie Craghead.
DISTRIBUTION OF DOCUMENTS:
Copy to Tom Anderson.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Providing for a Variance from
Ordinance 2008 -019 for the Replacement of
Dwellings for Low Income Property Owners Due to
Catastrophic Events and Declaring an Emergency.
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ORDINANCE NO. 2009-022
WHEREAS, on June 11, 2008, the Board of County Commissioners ( "Board ") adopted Ordinance
2008 -019 requiring the installation of nitrogen- reducing onsite wastewater treatment systems for certain
property owners within South Deschutes County; and
WHEREAS, since the adoption of Ordinance 2008 -019, the Board learned of hardship situations that
would make the implementation of Ordinance 2008 -019 extremely difficult, if not impossible for the property
owner; and
WHEREAS, the Board finds that it is in the public interest to allow a variance to Ordinance 2008 -019 in
cases where strict compliance with the ordinance poses an extreme hardship for the property owner; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDAINS as follows:
Section 1. Definitions.
1. "Median income" means the level of household income defined as median for Central
Oregon by the United States Housing and Urban Development Department.
2. "Catastrophic event" means an event such as a fire, flood, storm, the destruction by a
vehicle or aircraft, criminal act by someone other than the property owner, or other
similar event.
Section 2. The Community Development Department ( "Department ") Director ( "Director ") or, if on
appeal, the Board, may authorize a variance from the requirements of Ordinance 2008 -019.
Section 3. Applications to the Department for variances shall be submitted on a form specified by the
Department.
Section 4. The application must state fully the grounds for the variance and the facts relied upon by the
applicant and must demonstrate how strict compliance with the standard is impracticable.
Section 5. The variance may be granted in the following situation:
1. The applicant's current household income is at or below 80% of the median income;
and
PAGE 1 OF 2- ORDINANCE No. 2009 -022 (09/09/09)
2. The entire or a portion of the dwelling must be replaced because the entire or portion of
the original dwelling was destroyed or damaged by a catastrophic event.
Section 6. The burden of proof rests on the applicant.
Section 7. The Director's decision may be appealed to the Board by filing a completed notice of appeal,
on a form prescribed by the Director, no later than 5:00 PM on the twelfth day following the mailing of the
Director's decision.
Section 8. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
DATED this day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE -CHAIR
ALAN UNGER, COMMISSIONER
Date of 1St Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective Date: day of , 2009
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDINANCE No. 2009 -022 (09/09/09)