Lake Creek Lodge decision kicked back

Lake Creek Lodge. photo by Conrad Weiler

The future of Camp Sherman's Lake Creek Lodge is up in the air again as Oregon's Land Use Board of Appeals (LUBA) sent back for review Jefferson County's decision approving expansion of the lodge.

The three-member LUBA Board denied seven of nine errors charged by petitioner Friends of the Metolius. However, the board sustained two claims of error on the part of Jefferson County.

The remand clouds the future of Gordon and Jeff Jones, owners of Lake Creek Lodge, and their year-long effort to expand and upgrade the resort facility.

One of the errors was over the definition of "tourist rental cabin" versus "single family home" -- a point of disagreement through several meetings since last April.

The Jefferson County Planning Commission and the county Board of Commissioners accepted the Jones brothers' claims that they are adding rental cabins, not homes, thus allowing 23 new cabins to be built on the 41.91-acre parcel of land. They would have joined 16 existing older cabins on site.

The interpretation was that the land had one owner (Jones) and individual private owners could purchase the cabins with occupancy rights for 180 days of the year. The cabins would also serve 180 days as rental cabins divided into four quarters of the year.

Friends of the Metolius argued that, "Allowing owner-occupancy of the proposed cabins for more than six months of the year (180 days plus five) is inconsistent with their status as 'tourist rental cabins.'"

LUBA agreed that this proposition did not meet current zoning ordinance standards.

"The applicant proposed and the county approved use of the cabins more than half the time for something other than 'tourist rental cabins,'" LUBA ruled. "Residential use of the cabins by the owner-occupants for more than six months of the year is simply not de minimis."

Jefferson County Commissioners disagree with the LUBA decision.

"This decision sets a new precedent by taking away local control of interpreting local land use ordinances," said Commissioner Mary Zemke.

Jefferson County Commissioner Bill Bellamy added, "We are studying the LUBA response. Certainly this decision puts much more power into LUBA's hands and gives us much more concern, as county commissioners, and we will probably appeal the decision. We have to rethink many of our past assumptions. LUBA did not reverse our decision but remanded it. They didn't give us any indication as to what changes might be acceptable."

The county has a 21-day window for appeal to the Oregon Court of Appeals.

It is possible that the developers could rethink the expansion proposal.

"We have not lost confidence in our project," said Gordon Jones after the LUBA decision. "We will take this remand back to the county and decide further action."

The second error cited by LUBA concerned buildable space for decks on the cabins. The county, in assessing buildable space limits for the project, did not include the 550-foot decks on each cabin.

In his opinion, LUBA Chair Tod Bassham stated, "Because the county did not adopt an adequate interpretation of the pertinent code provisions and the code is subject to several possible interpretations, remand is appropriate to allow the county to interpret the code in the first instance."

Friends of the Metolius lauded the outcome.

"We are pleased with the favorable LUBA ruling that supports everyone's conformance with the land use laws of the State of Oregon including the ordinances of Jefferson County," said Gregory McLarren, Interim Chair of the FOM Board.

"I think the decision is a good one," said Camp Sherman resident Elke Dortmund. "Many Camp Sherman residents feel that the Lake Creek Lodge proposal is too large for this rural community."

In total, besides the addition of 23-dwellings, the expansion proposal includes a meeting hall, two parking areas, a recreation building, restrooms, a picnic shelter, lawn area, hiking paths, refurbishing the 16 older cabins and waste-water treatment facilities.