Vernonia freedom., February 21, 1980, Page 6, Image 6

Page 6— Vernonia Freedom
County
Commissioners
Jaunuary 30,1980
The Columbia County Board of
Commissioners met in scheduled session
with Chairman Robert Hunt presiding,
Commissioners Marion Sahagian and A.
J. Ahlbom present.
At the request of the Board, Mrs.
Wilbur Appel met with them regarding an
offer he had submitted to purchase tax
foreclosed property. It had been brought
to the attention of the Board that a
portion of the property is being used as
access to other properties. Mr. Appel
stated he was only interested in the
portion of the tax lot adjacent to his
property, not the roadway. Based upon
this information, Commissioner Ahlbom
moved and Commissioner Sahagian
seconded to accept the offer of $50.00 to
purchase Tax Lot '4108-021-01000.
Motion carried.
Mrs. A lice Simpson, of Yankton
Paving, met with the Board to advise that
to date, she has been unable to get a
sanitarian to come to the property to
perform a dye test. One of the people on
the list given her by Mr. Eastwood, was
to have come from Kelso the previous
.day, but had not còme. Based upon this
information, she was granted 30-day
extension of the time allowed to have a
dye test performed on the septic system.
Mr. Bob Haller, former building
inspector, met with the Board to advise
that the building official is responsible for
all building and plumbing inspections
throughout the county, and this cannot be
a one-man office. He said that there are
between 250 and 300 final inspections
needing to be made, and only one in
eleven had been finalized. He commented
again there was need for more than one
building inspector. Mr. Lee, who was still
present, stated he has called for
inspections, but when no one came after a
period of time, he proceeded with the
building construction w ithout the
inspections. Commissioner Sahagian
questioned why, if the workload was this
far behind, Mr. Haller had not brought
this to the attention of the Board previous
to his termination, rather than , at this
time. Mr. Haller said he had mentioned it
on numerous occasions. Commissioner
Sahagian suggested this matter be taken
under advisement, and discuss it with the
Planning Department. Commissioner
Ahlbom stated that because of the
budget, the question of hiring another
building inspector would have to be
brought before the budget committee.
Mr. Wally Gainer met with the Board,
at their request, to discuss possible future
purchase by the county, of the Bumble
Bee property adjacent to the courthouse,
on the north.' Mr. Gainer was advised that
the Board would like to purchase the
property for the county, but do not have
the money to do it, therefore they would
like to at least have thè first right of
purchase. Commissioner Hunt stated that
maybe if the Port buys the property, the
county could get first right of purchase
from the Port. Mr. Gainer stated he didn’t
know if they had enough money to buy it,
because they don’t know what the price is
yet. The Port is having the property
appraised, and it is also being appraised
by a Longview appraiser. Mr. Gainer then
stated the Port feels this property Should
be in county ownership, and if the county
was unwilling, or unable to purchase the
property, it should be in public ownership
by the county or the Port. He felt sure the
Port would work with the county on a
cooperative basis in any way possible. Mr.
Gainer stated at the present ime, they are
progressing toward acquisistion of the
building and grounds. It may be the Port
would be priced out of the property, Mr.
Gainer said he thought it consists of
about 2 or 2Va acres. Commissioner
Sahagian suggested there might be a
possibility, although she did not know of
the legality, of the joint purchase by the
county and the Port. Mr. Gainer thought
this might be a good way to go.
Mr. Hollinger, county Road Supervisor,
then discussed the condition of the dog
pound, and stated that because of the
specifications prepared on the addition,
the uprights were not fastened to the roof,
and because of this, the building was
starting to indicate problems. He wanted
to know if the Board wished to have a
contractor come in to fix it, or if they
wished the Road Department crews to
work on it, since they do have some extra
time right now. After brief discussion,
Thursday, February 21,1980
Mr. Hollinger was requested to have the
road crews work on it.
A letter was received from Darrold
Proehl, of the Vernonia School District,
requesting guard rails be installed along
McDonald and Pebble Creek Roads. This
was referred to Mr. Hollinger.
At 1:30 p.m. a public hearing was held
regarding an appeal filed by Dick
Backlund of a decision rendered by the
Planning Commission denying a variation
to lot size in an area zoned R-R, 2 acre
minimum lot size. Mr. Backlund was
present, as was Mrs; Ilene Walbom, Mr.
Henry Dickins, and another unidentified
lady. Present for the planning department
was Lori Manstrantonio-Meuser. Mrs.
Meuser read the staff report which had
been prepared,
following which
Commissioner Hunt read a portion of the
minutes of December 3 of the P lanning
Commission, which indicated denial had
been based on the fact that the request
did not meet required criteria.
Mr. Backlund wished to split off a half­
acre parcel, on which an old house is built,
leaving 3-Va acres from a total 4-acre
parcel. Commissioner Hunt then asked
those present how many were in favor,
and how many were against, Mr.
Backlund’s proposal. There was one for,
one against, and one n o 1 vote. Mr.
Backlund was then requested to offer
testimony in support of his request.
Mr. Backlund stated that Mrs. Meuser
had read from the staff report that he
wished to split a half-acre parcel off from
the four-acre parcel. He said all he really
wanted to do was to build a new house
and he was told he Could not have two
houses on one tax lot number. He had not
been aware of this. He has on old house he
has lived in all his life, he want to build a
new one a little ways away. If the taxing
bodies just labeled these House No. 1 and
House No. 2, and taxed him, that would
be fine, as that is all he wants to do. The
Planning Department had told him he had
to have two acres for a tax lot number. He
was proposing one of 3-/2 acres more or
less, for a tax lot number for the new
house, and the existing house could be
given a tax lot number in the comer of the
property right where it sits, and leave it
that way. His only reson for com in g here
was because the staff did not want to
have it, through their interpretation of
reading the law. He had a letter signed by
numerous o f his neighbors stating they
had no objections to his dividing his
property as he wants so he can build a
new house for himself. He showed, on the
blackboard, that the original house had
been placed on the south-east comer of
the proerty. Through the years there were
other outbuilding built behind this. He
wishes to go behind these and build a new
. house. He bought this property from his
father, who had purchased it from his
father, (Mr. Backlund’s grandfather). It is
not for sale. It has never been for sale, and
he was not trying to build this house tor
sell it. He hoped to live there until he dies.
His grandfather bought the property in
1904 and since then, a lot of things have
changed. There are new zoning maps,
which he has seen, and all he is asking for
is that it be divided in a different way
than two 2-acre parcels. He was not doing
it because the law says two acres, or the
zoning maps, but because of the way the
building happened to get on the property
since 1904 when his grandfather bdught
it. If he could do all of this today, there
would be no problem, he would locate
them differently than they are now, but
this can’t be done. These were his
comments, and he offered to answer any
questions
anyone
m ight
have.
Commissioner Hunt stated that from the
planning comm ission m inutes, Art
Sambol had questioned if it couldn’t be
spit into two 2-acre parcels, why Mr.
Backlund was requesting a variance to lot.
six if he did not iiltend to sell it, why not
go ahead and build the two houses on the
four acres, with two acres per house. Mr.
Backlund had said at that time that he
had to have a different tax lot for the
second house. Mrs. Meuser said there was
a way he could divide it so he could have
two acres for each, and not include the
buildings, with the older house. Mr.
Backlund said the way it is sitting there
now, it would be better to divide it the
way he proposed because Fisher Lane,
ends at the beginning of his property. *
From there, it is a public way, which is
umimproved, going through to Achilles
Road. It is hot maintained by the county
or anyone except the people living on it. It
is fenced off, has cows running on it.
There is an easement to the property he
lives on which comes up beside Rose cars and trucks go through there so fast
. Manor Trailer Courty. This is a 12-fodt that it is a traffic hazard. Mr. Backlund
easement. There is another easement sketched on the blackboard a more
down the road which came in 1908 that definite map of the area, showing the road
has 12-feet, which goes to this property, Mr. Dickins was discussing.
Commissioner Hunt asked Mr. Dickens
and Fisher Lane, as it is known now,
comes to it, The way his driveway is on how dividing the land as Mr. Backlund
there, he could draw some funny lines and had proposed would affect him (Dickens)
say there were two acres here, and two on the road. Mr. Dickins objected to the
acres there, but if this piece was cut off, increased traffic there would be if Mr.
the yard, trees, and septic system that Backlund either sold or rented the
goes with the old house. He would like to additional house, because it was only a
tear down the old house, but it has three one-way road, and is marked private.
bedrooms, it has a furnace and two Commissioner Hunt asked if they
fireplaces, so he thought he would be in wouldn’t have Fisher Lane going to
the rental business, because he didn’t Millard Road, as access to Highway 30.
know what to do with it. He was just Mr. Dickins was objecting to. the hse of
going to insure it, and rent it, and let it be. Wilson Lane for access, and the thicks
If it were to burn down, he would clean it going in and out. Mr. Backlund objected
to this, stating that the roadway in
up, and that would be the end of it.
If that never happened, he guessed it question was in face, a private roadway,
would just stand there and help him pay and Mr. Backlund himself owns it, and
Mr. Dickins did not have the right to use
the taxes.
Commissioner Hunt said Mr. Backlund it. It was his trucks and his trailer, which
had stated he did not plan to develop it, or w ereem pty when they travel the road.
to sell it, he only wanted to put a new The roadway easem ent had been
house on it, and he believed the question purchased by his grandfather in 1908, and
has remained in the family ever since.
Mrs. Meuser was asking, if the property is
Commissioner Hunt advised Mr.’
rectangular, why he couldn’t cut it
equally in half, and use the other two Dickens that there were other procedures
acres as his building site for the new involved in getting building permits,
septic permits, and so on, but that the
house. Mr. Backlund stated this would
question here today was whether or not
require him to get involved With the
Mr. Backlund could divide his land as he
roads, and easements, and ingress and
egress to it, for one thing. He sketched on proposed- At this poiiit, he did not believe
traffic or additional use of roads would
the blackboard the property, the lane that
enter into it. He asked if Mr.Dickins had
goes to Highway 30, Fisher Lane, the
any objections to Mr. Backlund’s use of
small gravel road through to Achilles
his land as he had proposed, without
Road. He showed the location of the
consideration of any other factor. Mr.
driveway he commonly uses, and the
approximate location of the outbuildings Dickins stated he didn’t think there
would be. He then stated he had no
and the old house, as well as where he
objection to that. Commissioner Hunt
proposed to build the new house, and
showed how he would like to divide the
then asked if anyone else had any
testimony, or if the staff had anything
property. He showed how the renter
they wished to add.
would obtain access, as well as how he
Lori Meuser said the planning staff felt
would have access to his house. Either
the property could be divided so that Mr.
way he split the property, there would be
a requirement for easement and/or road
Backlund could have two two-acre
construction. Any way he would divide
parcels, or at least closer to 2 acres than
the half-acre proposal and the fact that if
the property into two-acre parcels would
• result in a problem because of the way the
it were approved as a half-acre parcel,
property and building now lie / Mrs.
there might be problems with the septic
Meuser demonstrated how the property
system. Commissioner Hunt stated they
could,be split. Mr. Backlund said if it were
did not wish to get into the septic issue,
divided that way, it would still be less
that was something to be considered, but
than two-acre parcel in the one piece. It
not at this time. Commissioner Sahagian
would also divide the ou tb u ild in gs. Mr.
commented that even if he were allowed
Backlund stated this was not a self-
to do what he was asking, there was still
imposed hardship, but a hardship caused
the other hurdle for him to jump which
by zoning, planning, growth, and things
would be separate from the division of
that have happened. He did not impose
land. Mr. Backlund stated he has paid for
this upon himself. The staff’s opinion, and
the permits, the septic permit has been
his opinion, differed.
approved, and everything is ready except
Commissioner Hunt suggested another
for how the land is to be divided.
possible alternative, but Mr. Backlund
Commissioner Hunt then read from
said that wouldn’t work either because
Section 1802, of the Zoning Ordinance,
there were about eight fir trees there that
outlining the four criteria that must be
he could not move. If Mr. Backlund
met. He advised Mr. Backlund that all of
wished to limit the amount of property
these criteria had not been met. He thought
the renter could use, he could do that with
what needed to be done, rather than
no problem. If he were selling it, that
setting a precedence with a lot size
would be a different matter. Mr. Backlund
variance, was to ask for a zone change
said that in the event that he were to sell
instead. Mr. Backlund stated the size he
the old house off, he would only sell the
was aksing, for the new tax lot number on
half-acre parcel anyway, regardless of
the old house, was 120 feet by 82 feet.
where the lines might be drawn. He would
That included the house, its driveway, a
not sell the two acres, but he did not wish
couple of apple trees, and other various
to sell it anyway. A realtor would sell
trees, shrubs, and lawn front, sides, and
whatever Mr. Backlund wished to sell,
back. He asked why there couldn’t be two
should he wish to sell it. At that time,
houses on the one tax lot number, as long
those who would concern themselves
as he owns the entire parcel.
would be the bank or lending company,
Commissioner Sahagian stated the
but he could say that was all he wished to
Ordinance does not allow this, and why
sell.
she did not know, but that is the way it
Mrs. Meuser stated another problem
was written and adopted. Until such time
with the half-acre parcel was that it m ig h t,
as the ordinance were rewritten or
require a larger parcel for a septic reair
amended, the best thing Mr. Backlund
area. Mr. Backlund, in response to a
could do would be to request a zone
question raised, said the property was on
change. General discussion ensued
McNulty Water. Mr. Backlund drew
regarding lot sizes, and varying
sketches of adjoining properties, noting
conditions in this particular area. Mr.
that on one, the drainfield had failed and
Backlund then said that first of all, he was
replaced, systems which were working
not planning to sell, but if he were, he
well. Mr. Backlund was asked where the
would indicate to a purchaser what he was
W ilson property was located with
proposing to sell. He said that if he should
reference to the others shown. Mr.
sell the property, he would advise the
Dickins raised the question, and then
purchaser of the location of the existing
asked Mr. Backlund if he used this lane.
facilities, and also tell him that if the
Mr. Backlund responded that he uses
septic system were to fail, within a given
both of them. Mr. Backlund was asked if
period of time, he would put in a new
he had any further testimony to offer, and
drainfield in another location, and pump it
he said he did not at the present time.
from that house to the new drainfield,
Mrs. Ilene Walbom stated she lives
until such time as sewers came in.
behind him, and they do not care if he
However, he would provide enough of an
build; they have no objections.
area for a repair system if it were
Mr. Henry Dickins, of Rt. 4, Box 4017,
required. He stated again he did not plan
St. Helens, stated part of his property
to sell, but hoped to rent it. If the existing
adjoins Wilson Lane, and showed on the
system were to fail, he would put in a new
may where it is. He stated this was a
system in, and the old one would hot be
private road. He also has 100 feet along
used anymore.
Fisher Lane, He then said Wilson Lane is
Mr. Bucklund said further that he could
only wide enough for one ear. He said that
put another drainfield in behind the shops