HomeMy WebLinkAboutFee Waiver Request - FagenTES
Community Dovolopmont Dopurtmont
{ Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: December 1, 2010
TO: Board of County Commissioners
FROM Tom Anderson, Community Development Department Director
SUBJECT: Fee Waiver Request from Harry Fagen for declaratory ruling on residential status
of two-story pink building on NW quadrant of Deschutes Junction
Backaround:
The Planning Commission (PC) is currently holding public hearings on TA -10-6, the four
proposed transportation and land use policies for Deschutes Junction, as part of the
Comprehensive Plan update. At the Aug. 26 public hearing the residential status of the pink
building on the northwest quadrant was a topic of long discussion. The PC directed staff to
query the Board of County Commissioners (Board) on the following questions: 1) should the
County issue a declaratory ruling on the topic and 2) should the declaratory ruling be initiated by
staff or by the property owner. At a Sept. 29 work session the Board directed staff to initiate the
declaratory ruling, but it was not clear that in doing that the Board intended that the fees would
be waived. The Board also recommended the declaratory ruling be handled administratively,
but the Board would then call up the decision and hold a public hearing.
Determining the residential status of this building is the threshold question for determining the
potential of Deschutes Junction to be considered for designation as an unincorporated
community under Oregon Administrative Rule (OAR) 660-22. The 1979 Comprehensive Plan
had designated Deschutes Junction as a Rural Service Center (RSC) but with the development
in 1994 of OAR 660-022 that designation was changed to Rural Commercial (RC) in 2002.
Per the attached request, Harry Fagen has requested the County waive the fee for a declaratory
ruling.
Discussion Points:
The following points are important for the Board to consider in weighing the waiver request:
• The declaratory ruling provides staff the opportunity to thoroughly research and review
the land use record for the site as well as various building and septic permits.
• There has been widespread interest in this topic by not only the property owner, but also
by the adjacent rural neighborhoods, albeit for differing reasons.
• The results of a declaratory ruling can be relayed to the PC to inform their discussion at
the Jan. 13, 2011, continued hearing on TA -10-6, the proposed transportation and land
use policies for Deschutes Junction.
• The declaratory ruling would provide adequate findings and hopefully a final resolution
on this topic at the local level. The declaratory ruling would not affect the current RC
zoning on the Fagen property.
• The fee in question is $1,230.00
• Per the Community Development Fee Waiver, the Board must find that the waiver
serves the public benefit since Mr. Fagen is not claiming indigence.
Reauested Board Action:
Provide direction to staff from the following possible actions:
1) Find that the fee waiver request serves the public benefit; accept the fee waiver request;
and direct staff to immediately begin work on a declaratory ruling on the permanent
residential status of the pink building.
2) Same as1), except Mr. Fagen pays a portion of the fee
3) Deny the fee waiver request; if Mr. Fagen chooses to pay the fees and apply for a
declaratory ruling, staff will then prepare the declaratory ruling. If he chooses not to pay
the fee, then no declaratory ruling will be processed.
Staff Recommendation:
Staff recommends alternative 1), due primarily to three factors. First, the change in zoning
from Rural Service Center (RSC) to Rural Commercial (RC) was an outcome of a County -
initiated process in 2002. Several members of the public have stated the County's
determination of the building's residential status was the key component in that decision and
therefore it is appropriate the County absorb the costs of the declaratory ruling on that same
topic. Second, staff has not been able to find any record or fully developed findings in the 2002
decision on the issue of the subject building. Third, if the fee waiver is denied, the property
owner may withdraw the declaratory ruling application and thus the controversy would likely
continue as staff cannot process the application without the property owner's consent.
2
See. affttch,d
Fee Waiver Request Form
Name of Organization:
Address of Organization:
City: State: Zip Code:
Type of Permit
[ ] Building $ - [ ] Planning $
[ ] Restaurant $ [ ] Subsurface Sewage $
[] Other $
Total amount of Fee(s) requested to be waived: $
The applicant shall provide a written explanation of the request and explain why one or more of
the criterions stated below are satisfied. The request will be reviewed by the Community
Development Director and a response will be provided within ten business days.
Criterion that must be met to qualify for a Fee Waiver.
A. The applicant meets the criteria for indigency and at least one of the following conditions.
Indigence shall be established by the financial hardship process attached (refer to Affidavit of
Indigence and Request for Fee Waiver form).
1. There is an immediate need of the services -to CDD to protect the applicant's or
public's health or safety.
2. Where granting the waiver will create a long term efficiency of a Code
Enforcement issue.
B. The request is from a nonprofit organization that has encountered an extraordinary
hardship that could not have been anticipated in planning for and funding of the project;
kttAle fee waixeLwiE benefit the community.
(NOTE: Community Services may be required by the CDD Director for some or all of
the waived fees.)
Deschutes County Community Development Fee waiver Policy January 2006.doc Page 7
have directed staff to process the declaratory ruling application. We request
the fee waiver be granted.
Sincerely,
• en4v-irttly-siQ
