County waives Sisters Measure 37 claim

A Sisters area landowner won a waiver of land use regulations under Measure 37 from the Deschutes County Board of Commissioners last week.

Commissioners Mike Daly and Dennis Luke agreed to grant a waiver to Vicki Atkinson allowing her to build a single-family dwelling on property currently zoned as exclusive farm use (EFU). The property is located at 69655 Lake Drive east of Sisters. The waiver was one of five approved by the commissioners.

Deschutes County and several other counties have chosen to continue ruling on Measure 37 claims even after a Marion County judge ruled in October that the voter-approved law was unconstitutional. The Oregon State Supreme Court will review that decision next month following a lawsuit by Oregonians in Action.

Because of the Marion County court decision, the Oregon Department of Land Use and Conservation no longer is processing Measure 37 claims. Therefore, Deschutes County officials said that landowners granted waivers by counties still might be prevented from developing their property in conflict with existing land use regulations.

Last June, Atkinson filed a Measure 37 claim against the county seeking either approval to build a dwelling on the property or to be granted $320,000 for value lost by the property being zoned EFU. Measure 37 was approved by Oregon voters in 2004 allowing property owners to seek waivers of land use regulations made after they aquired their land or to receive compensation for lost value.

Only two Deschutes County commissioners voted on the waiver since one of the three commissioner positions remains vacant following the resignation of former commissioner Tom DeWolf last month.