Zoning decision stops housing plan along Rogue River

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Zoning decision stops housing plan along Rogue River By BUFFY POLLOCK for the Mail Tribune Jackson County commissioners Wednesday reversed a decision that would have allowed a subdivision on 65 acres of farmland on the Rogue River near Gold Hill. Landowner Joe Rutigliano began the process of rezoning his farmland to rural residential five years ago so he could build 12 riverfront homes at the end of John Day Drive. He said the land was not suitable for farming. Commissioners approved the rezoning in 2000. The decision was appealed to the state Land Use Board of Appeals by the Jackson County Citizens League. The league argued that proper exception to land-use laws had not been proven as required by county law at that time. The law has since been changed - partly because of the Rutigliano case - to make proving exceptions to the land-use law easier. Under the new laws, Rutigliano could have been granted rezoning without issue. But league president Mary-Kay Michelsen argued the case should fall under laws in place at the time of application. And on Wednesday, the commissioners agreed. Commissioner Sue Kupillas said the original approval might not have been the right decision and reasoned that an old application should not be permitted to be reconsidered under new laws. "I think the reason we changed the exception process was because it did not work and this is yet one more example," she said. "Realistically, grazing could be done anywhere. I myself would not approve this under the new law when it was refused under the old law. "That's a really bad precedent to set." Commissioner Ric Holt said that Rutigliano can start a new application process at any time. He said the decision Wednesday was an attempt to rectify what "probably was not the best decision." "I think our original decision could have been more thought out," he said. "The whole exception thing is so confusing and we're trying now to correct it. But based on the laws in place now, he can reapply at anytime. That's the law." Attempts to reach Rutigliano for comment after the meeting Wednesday were unsuccessful. Buffy Pollock is a free-lance writer living in Medford. E-mail her at [email protected] .    Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.