BOARD OF COMMISSIONERS'
March 22, 2006
Commissioners' Conference Room
Commissioner Bill Dwyer presided with Commissioner Bobby Green, Sr., Anna Morrison, Peter Sorenson and Faye Stewart present.† County Administrator Bill Van Vactor, Assistant County Counsel Stephen Vorhes and Recording Secretary Melissa Zimmer were also present.
16. PUBLIC HEARINGS
a. PUBLIC HEARING AND ORDER 06-3-22-10/In the Matter of Considering a Ballot Measure 37 Claim and Deciding Whether to Modify, Remove or Not Apply Restrictive Land Use Regulations in Lieu of Providing Just Compensation (PA 05-6349, Carlson).
Kent Howe, Land Management, explained this property is up Parsons Creek Road, near Marcola.† He noted it is a 19 acre property zoned F2.† He said the Carlsons paid the fee, provided an appraisal, title report and deed.† He said they acquired the property in 1960.† He added in 1993 they placed it in a revocable trust with Louise Carlson being the trustee.† He noted their desire is to be able to create eight lots, each with a dwelling.† He indicated that it requires a state waiver because it is resource land.†† He commented that it appeared to meet the requirements of the code to be a valid claim.† He indicated they had an appraisal, but it didnít address the requirements showing the relationship between the value reduction and the land use regulation.
Sorenson asked if the land use regulation lowered the value of the property.† He asked if there was documentation showing the value before and after with the restriction.
Vorhes explained there was difficulty with the land use in the measure.† He said they could read ďas ofĒ to mean what the value is now and how had it been reduced at this point in time, or it could mean as of this date over time, from the time they acquired the property to now.
Sorenson asked what the claimant bought it for or what it was worth when they bought it.† He asked what rules were in place that drove the value down.
Vorhes responded that in the application there is a description of the regulations that have limited the ability to do things on the property since the time it was purchased.† He added when the property was purchased there was no zoning.† He indicated there was a description from the applicant explaining what she thought she could do without the regulations in place and what they would yield in value to her.
Sorenson noted the record showed the property was acquired by the Louise M. Carlson Trust on July 1, 2005.
Howe indicated the trust was formed on November 22, 1993.
Vorhes explained that Louise M. Carlson is still trustee and holds an interest in the property.† He noted an ownership change to a trust, (if the grantor and the trustee remain the same) is not a change in ownership for purposes of Measure 37 to establish a different date for purposes of a waiver.
Van Vactor said they had to determine if there was enough linkage between the opinion of value and meeting the standards to the regulations.† He thought what the applicant assumed was when she bought the property, she could have done this so the land use regulations that prohibit that are what triggered an entitlement to just compensation.
Commissioner Dwyer opened the Public Hearing.
David Vanderklug, Thurston, stated he is Louise Carlsonís neighbor.† He indicated he had lived in the valley since 1970.† He commented that everyone who had bought property knows in the past two years the prices have skyrocketed.† He said in 1984 when regulations came in place, there were some properties that were not one acre.† He thought Measure 37 had validity because he said if the property owners were able to have one-acre parcels then, the property owners should be able to do it now.† He thought the value of the property would be more now.† He commented that Measure 37 is telling government that they want to do with their land what their neighbors had done.
Colleen Grufe, Thurston stated she was in support of this claim.† She commented that Louise Carlson couldnít take care of the 19 acres she has and didnít think she should have to move out of town.† She added that Carlson canít farm the land and there were no trees to cut.† She thought this would be good for them.
Louise Carlson, Thurston, stated she is the applicant.† She said she had seen changes on Parsons Creek since she had lived there.† She noted that there are properties near her that are less than an acre.† She thought she fulfilled the requirements for the applicant.† She said she intends to be a good steward of the land.† She commented that no neighbors spoke against her.†† She indicated she had tried in the past to give her daughter a piece of land but it was denied.
There being no on else signed up to speak, Commissioner Dwyer closed the Public Hearing.
MOTION: to approve 06-3-22-10.
Morrison MOVED, Stewart SECONDED.
Stewart didnít think this issue was different than when a city expanded a boundary.† He said it is their job to make sure that peopleís health, safety and life issues are met and to enact the law the citizens voted in.† He believed that Carlson purchased the property in 1960 and she had regulations placed upon her that reduced the value of her property.† He thought this met the law and was in support of this.
17. COMMISSIONERS' ANNOUNCEMENTS
Stewart announced his wife would be having a baby girl tomorrow.
Green reported he would be out of the office next week as it is spring break.
18. CORRESPONDENCE TO THE BOARD
19. OTHER BUSINESS
There being no further business, Commissioner Dwyer adjourned the meeting at 2:30 p.m.