LUBA hears Lodge appeal

The ongoing debate over the future of Camp Sherman's Lake Creek Lodge continued last week at a Salem appeal hearing before the state Land Use Board of Appeals (LUBA).

For the past nine months, brothers Gordon and Jeff Jones, owners of Lake Creek Lodge, have been moving their proposal for adding 23 new cabins, a meeting hall and refurbishing the existing cabins through a series of governmental processes.

This included meetings with Camp Sherman's Local Area Council (LAC), Jefferson County's Planning Commission and the Jefferson County Board of Commissioners. The latter two groups unanimously approved the planned expansion and renovations on the 41-acre Lake Creek Lodge site.

These decisions were appealed by the Friends of the Metolius (FOM) against Jefferson County and led to the LUBA hearing.

Bill Kloos presented the argument of FOM and was joined by attorney Tom Ryan, a member of Camp Sherman's LAC, acting as a private citizen.

Attorney Pam Beery represented Jefferson County.

The main argument developed by Kloos and Ryan focused on the definition of single-family dwelling versus tourist rental cabins. The contention is that the LAC code calls for a five-acre limit for each single-family dwelling unit.

The developer was allowed greater density because of defining these units as rental "cabins" and single land ownership of the 41 acres. Individual owners could occupy the units for 180 days of the year, while the other 180 days, in quarterly segments, would be open for rent. Lake Creek Lodge would continue to be sole owner of the 41-acre parcel of land.

Beery countered the five-acre limit argument by reminding the panel that this argument had been rejected by LUBA 10 years ago (1994) in another Camp Sherman FOM land use appeal.

Kloos, however, maintained that the LAC code was changed in 1997 and should be interpreted on that basis.

Other arguments against the plan by Kloos and Ryan included concerns over refurbishing the 16 older cabins presently on site in a non-compliance zone (wildlife and riparian corridor). The 23 new cabins would not be located in the non-compliance zone.

The opponents also questioned procedures for verifying what will be done, what baseline will be used and argued that there were no public notice or county hearings on the changes.

They also questioned a new bridge structure to be constructed on the western side of the property. The owners have contended that this is merely a relocation of an existing bridge.

Concern about the riparian corridor and removal of vegetation was another issue for the opponents. Lake Creek Lodge owners say they will replace vegetation with native plant species.

The poker-faced appeals board consisted of attorneys Tod Bassham, Chair, Anne Corcoran Briggs, and Michael Holstun. Their decision, to be announced on February 23, will end with one of five results: Uphold the challenged decision; overrule the challenged decision; remand the challenged decision back to Jefferson County for further action; dismiss the appeal; or, transfer the appeal to the circuit court.

LUBA's decision can be appealed to the Oregon Court of Appeals.

LUBA was created in 1979 by the Oregon Legislature and hears appeals on land use decisions made by local governments.