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HomeMy WebLinkAboutFee Waiver Request (2) MEMORANDUM DATE: April 16, 2012 TO: Board of County Commissioners FROM Tom Anderson, Director SUBJECT: Request for Land Use Approval Extension ____________________________________________________________________________ Background: Staff received the attached request from Guinevere Johnson for an extension of an expired land use approval on March 15, 2012. The approval, for a non-farm dwelling, was originally completed in July, 2005. It was due to expire in 2009, but the applicant applied for and received a two year extension to August 6, 2011. Since no additional extension requests were filed, the approval expired on that date. Ms. Johnson indicates that the reason for filing a new extension request was due to military service. Discussion: Deschutes County code section 22.36.010(C)(1)(b) is clear that any extension request must be “…submitted to the County prior to the expiration of the approval period”. There are no other provisions in County code for variances to this requirement. Therefore, we see no possible avenue to re-activate Ms. Johnson’s approval. It is possible for Ms. Johnson to submit a new application for a non-farm dwelling. The current fee for such an application is currently $2,955. The Community Development Fee Waiver Policy allows the Board of County Commissioners to reduce or waive fees “in any case where the public benefit is served and other remedies have been exhausted”. In this case, if the Board found that the public benefit was served, presumably in recognition of Ms. Johnson’s active military service, it could elect to reduce or waive the fees associated with a new farm dwelling application. In evaluating a fee reduction or waiver, the Board is advised to consider: 1. Financially, Community Development is designed to cover it’s expenses with fee revenue, so costs associated with non-revenue generating applications must be absorbed by the department, and 2. Fee reductions or waivers may encourage other applicants with what they consider to be extraordinary circumstances to ask for the same consideration. In consideration of the two factors outlined above, one options for the Board would be to, rather than fully waive the new application fee, reduce the application fee equivalent to the fee that Ms. Johnson would have paid for the approval extension last August, which is currently $310. Requested Board Action: Decide whether to grant a full or partial fee waiver to Ms. Johnson for a new non-farm dwelling application. Full waiver - $2,955 Reduction to Extension Request Fee - $310 Other amount If the Board decides to grant a full or partial waiver, it must find that the action is in the public benefit, per the fee waiver policy. RBCB1'fBD \A~R 1 {, 20\?. Guinevere D. JohnsonDescb.\lttS Countl CDD Member Manager Golden Horizons LLC 64421 Findlay In Bend Or 97701 541-480-4124 March 13,2012 Re: Retaining CUP extension option on Golden Horizons UC Map 17-12-11lLot 301 Dear Tom Anderson, Community Development Department Director, Thank you for taking the time to review this unique issue with me and consider the possibility of retaining our CUP extension option. I am contacting you today after speaking with and being referred by Paul Blickstad. I contacted Paul on March 12, 2012 in a panic because I had just become aware that I had missed our CUP extension date July 1, 2011. . In nonnal circumstances I would expect this issue to be my sole responsibility, however, in my situation I had some extenuating circumstances that left me unable to take care of this at the required time. I would like to share some of these things with you in hopes to compel the planning dept to extend the property CUP for an additional 2 years. In February 2011 I w~pl~eq.an ,Oregon Anny National Guard orders to complete a five-month training program in South Carolina and Virginia. During this time my contact with home was reduced to two-5 min occasions on the phone with my husband and snail-mail via the USPS only, ~ithan:avg. 10 day turn around. I gratefully returned home on July 1,2011 (when my CUP extension request was due). My return home, although joyous was filled with unemployment, ~ed,ical issues,andJfarmings~nall~fwhich demanded my immediate: attention. I was not home long until I was once again placed on additional ORANG orders for training in Idaho where I spent Aug-Sept again separated from home, files, ,and phones. October remained a difficult, month of adjustmeqt for me and my family as we lost 2 family members and found ourselves traveling throughout ,Oregon to tend to family issues. The holidays came and went although I was contacted mid-December once again with ORANG orders to fill a need for a Soldier in the Middle-East (Oman). I repacked my things and uprooted myself once again to tend to my duties. I finally returned home in February and once again picked up the shattered pieces of the last 10 months which eventually included following up on the property with the overdue CUP request. I can imagine that this is a huge inconvenience for you and I apologize,profusely about this. I know that the State of Oregon takes into consideration the obligations oftheir inilitary citizens and protects our employment, foreclosure on property, and many other things and so I am hopeful that they in coorp.ination with your office bas, something that protects me and the CUP for the property from being negatively effected by our service obligations. To date, and since the frrst extension request I have. investtXI $7000.00 into the property for improvements which include a driveway and power. This would merely be a loss if the property does not'havethe CUP,option. , . . ,r 1 • • l iiappl'e9iate your. time and look.forward:toany1other questi~ns youm~y.. have ,for me. ,,' , f, w'