HomeMy WebLinkAboutNash AppealNash Document Number
CU-07-93, A-08-4 2008-390
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DECISION OF DESCHUTES COUNTY BOARD OF COMMISSIONERS
FILE NUMBER: CU-07-93 and A-08-4
APPLICANTS/
PROPERTY OWNERS: Charles K. and Janet M. Nash
25700 Spencer Wells Road
Bend Oregon 97701
APPLICANTS’ AGENT: Land Use Consulting
510 N.E. 3rd Court
Bend, Oregon 97701
OPPONENT’S
ATTORNEY: Paul D. Dewey
1539 N.W. Vicksburg
Bend, Oregon 97701
Attorney for Central Oregon LandWatch
REQUEST: Consideration of appeal of the Hearings Officer’s denial of
conditional use permit to establish a nonfarm dwelling on a 160-
acre parcel zoned EFU-HR and located south of Highway 20.
STAFF REVIEWER: Will Groves, Senior Planner
HEARING DATES: May 14, 2008
RECORD CLOSED: June 6, 2008
I. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.04 Title, Purpose and Definitions
* Section 18.04.040, Definitions
2. Chapter 18.16 Exclusive Farm Use (EFU) Zone
* Section 18.16.030, Conditional Uses Permitted – High Value and Nonhigh
Value Farmland
* Section 18.16.050, Standards for Dwellings in EFU Zones
* Section 18.16.070, Yards
3. Chapter 18.88, Wildlife Area Combining Zone
* Section 18.88.020, Application of Provisions
* Section 18.88.040, Uses Permitted Conditionally
* Section 18.88.050, Dimensional Standards
* Section 18.88.060, Siting Standards
* Section 18.88.070, Fence Standards
Nash Document Number
CU-07-93, A-08-4 2008-390
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B. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.24, Land Use Action Hearings
* Section 22.24.140, Continuances and Record Extensions
C. Oregon Administrative Rules Chapter 660, Land Conservation and Development
Commission
1. Division 33, Agricultural Lands
* OAR 660-033-130, Minimum Standards Applicable to the Schedule of
Permitted and Conditional Uses
II. FINDINGS OF FACT:
The Board adopts and incorporates herein by reference the findings of fact adopted by the
Hearings Officer in the March 7, 2008, decision, and adds the following procedural history.
A. Procedural History: This conditional use application was submitted on September 25,
2007 and was accepted by the county as complete on October 25, 2007. Therefore, the
150-day period under ORS 215.427 for issuance of a final local land use decision would
have expired on March 24, 2008. A public hearing on the applicant’s proposal was held
on November 13, 2007. At the hearing, the Hearings Officer received testimony and
evidence, left the written evidentiary record open through December 14, 2007, and
allowed the applicants through December 21, 2007 to submit final argument pursuant to
ORS 197.763. The Hearings Officer denied this application by written decision on
March 7, 2008.
The applicant appealed the Hearings Officer’s decision to the Board of County
Commissioners (“Board”) and agreed to toll the 150-day clock to July 30, 2008 if the
Board would agree to hear the appeal. The Board, under Order No. 2008-034 decided
that it would hear the applicant’s appeal for File No. CU-07-93 (A-08-4) pursuant to Title
22 of the Deschutes County Code and other applicable provisions of the County land
use ordinances. The Board decided that the appeal would be heard limited de novo, in
accordance with DCC 22.32.027(B)(4). The Board decided to limit the issues on appeal
to DCC 18.116.050(G)(1)(a)(iii) and 18.116.050(G)(2). The Board conducted this
hearing on May 14, 2008. The Board held the record open until May 23, 2008 for any
additional testimony regarding the code provisions that were the subject of the hearing,
until May 30 for any rebuttal to any testimony given between May 14, 2008 and May, 23,
2008 and until June 6, 2008 for the applicant’s final arguments.
The Board deliberated on June 16 and rendered the oral decision on June 25, 2008.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer’s Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the decision and the
conclusions of law of the Hearings Officer in the March 7, 2008, decision.
IV. DECISION:
BOARD OF COUNTY COMMISSIONERS Dated this _______ of ___________, 2008
OF DESCHUTES COUNTY, OREGON
______________________________________
, DENNIS R. LUKE CHAIR
______________________________________
TAMMY MELTON, VICE CHAIR
______________________________________
ATTEST:
______________________________________
MICHAEL M. DALY, COMMISSIONER Recording Secretary
Record of Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke ____ ____ _____ _____
Tammy Melton ____ ____ _____ _____
Michael M. Daly ____ ____ _____ _____
Effective date: _____ day of ____________, 2008.
ATTEST:
______________________________
Recording Secretary
Based on the foregoing Findings of Fact and Conclusions of Law, the Board hereby DENIES the
Applicant’s request for a nonfarm dwelling for the subject property.
Mailed this ____ day of July, 2008.
THIS DECISION BECOMES FINAL UPON MAILING. PARTIES MAY APPEAL THIS
DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON
WHICH THIS DECISION IS FINAL.
Nash Document Number
CU-07-93, A-08-4 2008-390
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