Posted on 06/11/2008 9:06:28 PM PDT by hiho hiho
County says landowner has invested enough to subdivide his property but draws the line at actual home construction
Benton County Commissioners on Tuesday decided that landowner Charlie Fischer had spent enough on subdividing his property to allow him to finish creating housing lots — but not to permit construction of the houses.
The Commission was split 2 to 1 on the decision. Commissioners Jay Dixon and Linda Modrell agreed that Fischer had met at least one threshold to be considered vested in the project. Annabelle Jaramillo dissented.
“Mr. Fischer is caught between Measures 37 and 49, and so are we,” Dixon said. “I don’t think the outcome of this is going to please half the people.”
According to Fischer’s records, he spent $67,000 in surveying, petitioning the county and state for a Measure 37 claim on property at 6455 N.E. Pettibone Drive and filing the required planning and building paperwork.
By his calculations, that amounts to 17.7 percent of the subdivision’s $378,214 budget on waiver fees, platting fees, erosion permits, wetlands delineation and survey work.
The commission agreed, but only in regard to creating the lots. The decision does not grant Fischer the right to actually develop the property as housing lots.
The current zoning of his land, exclusive farm use, doesn’t allow residential housing, at least at the density Fischer wants. His plan calls for seven houses on the site.
Fischer, 85, had planned to use the money from dividing his land for housing lots to pay his wife’s $5,000 monthly nursing home bills — an expense that is rapidly using up his savings.
The case tested how the county will apply Measure 49, Oregon’s newest land use law, which seeks to limit development on rural property.
Greg Verret, the county’s community development director, said once Fischer completes the subdividing and platting of new lots, he could use Measure 49’s “fast-track” option to develop two houses on the land. Fischer could also ask for a zone change to allow more residential development.
Fischer has said that he was hoping to create lots on his property and sell them, not actually build the houses there.
George Heilig, a land use attorney who represents Fischer, said the decision still leaves much in question and is ripe for an appeal.
“Unfortunately, Mr. Fischer proceeded in good faith to get his property finally platted but he may be thwarted by his need to provide for his family,” Heilig said.
After seeing how houses are being stacked right next to each other in cities, 7 houses on 30 acres does not sound like "density."
“7 houses on 30 acres does not sound like “density.””
It does to anti-development environmental wackos who rule over the northwest.
I'm amazed that anyone can get anything built these days.
Yes, if it's flat it sounds like like you ought to be able to get about 120 nice size lots, or more if you go for zero lot line, patio, or other high density development.
I could tell this was in Oregon by the title.
<”...zero lot line...”>
This is in a RURAL area zoned FARMLAND!! There are no sewer systems; it is all septic tanks w/or without drain fields. And there probably isn’t a water source other than a well. You city slickers don’t know anything about zoning in farm country.
Thirty acres in the countryside - he probably could have gotten a really sizable price (in the millions) if it had been marketed as a hobby farm.
If this is the crap that is in store for all of us, I’m really glad I’m old. “Land use legislation” sounds like something out of Stalinist Russia.
I never realized, I guess, that Oregon was such a small, overcrowded state that they have had to resort to telling farmers how they can use their land?
If this is the crap that is in store for all of us, I’m really glad I’m old. “Land use legislation” sounds like something out of Stalinist Russia.
I never realized, I guess, that Oregon was such a small, overcrowded state that they have had to resort to telling farmers how they can use their land?
Oh gosh, sorry for the double post. I didn’t even realize I had pushed that little button twice.
Okay, call me a wacko, but around here in Appalachia our density is about 1 house per 30 acres. I like it that way.
This is Agenda 21 coming into play. The idea is to get all folks into the cities.
Good rule of thumb in free America: If it has zoning, it isn't rural. If the locals want to zone, they need to provide services.
It’s none of your Goddamn business how many houses he builds on his own property. I wish people would start doing as they please with their own land, and shooting dead any busybodies who try to stop them.
Who are these Hairbrains who think 1 House per 4 acres is too dense?
This country is going to the Dogs.
In much sought after Chatham, Massachusetts, houses are being built one behind another and the prices for these gems can reach near 1 million Dollars per house.
I wish people would start doing as they please with their own land...
The Old North Bridge is coming into view again.
Charlie Fischer’s land is zoned as farmland. Whether you agree with that practice or not is unconsequential; it is the law in Oregon. There is plenty of marginal land available for building but it is neither flat nor has rich topsoil and therefor is more difficult to divide and build upon.
Industries have had a huge say in this zoning practice. The purpose of zoning farmland and timberland is to maintain a lucrative resource that provides material for major industries in the Pacific Northwest.
Farmland zoning covers fruit & nut orchards, vineyards, vegatable farms, grass seed growers, and plant nurseries. These are huge industries here.
Timber zoning covers privately owned timberland, which is treated as though farmland, with the “crop” harvested periodically according to the particular species. Cottonless cottonwood trees are grown like wheat on vast acreages and is the source of pulpwood which eventually ends up on paper rolls.
Not everyone who is a conservationalist is a liberal environmental wacko.
The wackos want all farmland and timber nationalized. That would be disastrous.
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