The Madras Pioneer

Lake properties get approval for 'fishing accommodations'

Commission splits on vote

Holly M. Gill

September 08, 2010

More than three hours after beginning deliberations on what structures might be permissable along a stretch of shore on the Metolius arm of Lake Billy Chinook, the Jefferson County Commission finally reached agreement on Sept. 1.

"I think the property owners deserve a chance to fight heroically for what they want," said Commissioner Mike Ahern, who favored approving the Planning Commission's recommendation to grant Montgomery Shores Partnership a conditional approval to build 15 "guest rooms" on their 57-acre property.

Commissioner John Hatfield, who was concerned that the decision will be appealed, and the county will have to present arguments for it at the Oregon Land Use Board of Appeals, voted against Ahern's motion, noting, "I don't think we can defend an approval as it is."

Commission Chairman Wayne Fording favored the staff recommendation, which would have allowed guest rooms up to 350 square feet, with a bathroom, but no kitchen, and would have required clustering the rooms on the property.

However, Fording was persuaded to support Ahern's motion, which all three expect will be appealed by environmental groups, and possibly even by the partners.

The motion will allow the partners, who own about 57 acres -- with only 35 of those acres above water -- to construct 15 private fishing accommodations of up to 850 square feet, and keep their 11 docks. Other structures will have to be demolished or removed.

A survey of the structures on Montgomery Shores Partnership's property, found that there are currently eight camp trailers, 11 buildings, three covered patio areas, five decks, 11 docks, and five retaining walls on the property.

While the county maintains that all the structures were built illegally, since the owners did not obtain permits, the owners have said that they contacted the county numerous times over the years and were always told not to worry about it.

"There have been many partners who have been into the county offices to do the appropriate thing over the years," said Virginia Pugh, one of the partners in Montgomery Shores. "We didn't just build them."

Laura Lester, an attorney for the Confederated Tribes of Warm Springs, said that the tribes are concerned about the code violations.

The tribes also objected to the 850-square-foot size of the "guest room," which they consider more of a cabin.

"The tribe recognizes that we can have fishing accommodations out there," she said. "I think 350-square-foot guest rooms is closer to what the states intended."

Before the vote, Jon Skidmore, county planning director, pointed out that "there's a big difference between a cabin and a guest room."

Even though there is little guidance in state law on what constitutes a "fishing accommodation" or "guest room," Skidmore noted, "We don't have the ability to approve a cabin. That's the problem; 350 is right in line with the size of a guest room."

Lisa Klemp, representing the partnership, said that their number one priority was not being required to cluster the accommodations.

She asked that the county approve some type of agreement. "It's easier to get an approval and get some kind of compromise," she said.

Following the commission's 2-1 approval, Attorney Dave Allen explained that any groups or individuals who want to appeal will have 21 days to file a notice of intent to appeal, and the county will have an additional 21 days to submit the record.

After the meeting, Pugh pointed out that the property owners have tried to bring the property into compliance, and they were satisfied that they will now be able to move forward.

"I was impressed at how hard they struggled and discussed and worked to come up with the decision, because all three of them were torn this way and that," she said.