County Court ponders zone change
Issue revolves around chunk of land on Southwest 18th Avenue
By Larry Meyer
Argus Observer
Friday, February 1, 2008 1:03 PM PST
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| The parcel occupied by Precision Auto Machine, Inc. is the subject of hearings before the Malheur County Court on a zone change from rural residential to commercial. |
VALE — The Malheur County Court held the first hearing Wednesday on a request to change the zoning designation of a 2.7 acre parcel near Ontario from rural residential to light industrial and a second meeting on the matter is scheduled Feb. 13.
The application was submitted by Dale Luther, owner and operator of Precision Auto Machine, Inc., which occupies part of the lot in question.
According to the County Court staff report, submitted by the Jon Beal, county planner, the subject property, 1890 S.W. 18th Ave., was originally three lots and a portion of a fourth lot in a residential subdivision that was platted prior to 1973, when zoning and subdivision regulations were established in rural Malheur County. The parcel was combined into one lot, which is now the location of an auto and truck repair business and associated storage.
Luther stated in the application, and the planning department agrees, the property was incorrectly zoned at the inception of zoning in the county, Beal said in his report.
“Planning staff assume the property was zoned rural residential instead of commercial because it was part of a platted residential subdivision, even though it was in commercial use at the time of zone,” he said.
As is, the current zoning could have the effect of restricting the operation or expansion of the commercial use of the property, Beal concluded.
“It’s needed to be taken care of for a long time,” Luther said to the court. There were no opponents.
Beal said the parcel in question is part of Ontario’s new urban reserve and has also been designated by the city as commercial. The planning department recommended approval of the zone change.
The Malheur County Court, Jan. 23, tentatively approved a request to vacate a portion of Malheur Avenue that was isolated by construction of the Yturri Memorial Beltline and is no longer used by the public for travel
The county received a petition signed by Ty Curtis, Casey Curtis, Gordon Curtis and Linda Curtis, representing Curtisco, LLC, which owns the property on each side of the section of road being vacated. With no other property owners involved, the court voted to approve their request without a public hearing.
Malheur County Engineer Jim Kimberling said in his report and recommendation to the court that the vacated portion of the roadway is no longer used as a road since the completion of the beltline and realignment of Verde Drive, which deprived it of direct access on both ends.
“It can be presumed that the continued presence of this public right-of-way will hinder the development and use of the adjoining properties,” Kimberling said.
The court will sign an order vacating the section of road once it is prepared, pending any written comments by any parties that may be affected.
After interviewing three candidates, the court has appointed Richard Moulton as interim county roadmaster for one year, to replace Ken Freese, who is retiring at the end of February. Moulton is already an employee of the county road department. The appointment will be reviewed on a monthly basis, according to Malheur County Judge Dan Joyce.
