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TALENT County fines asphalt plant for operating without permits Mountain View argues nonconforming use issue must be settled first Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jan. 7, 2015 at 5:34 PM By Tony Boom for the Mail Tribune Posted Jan. 7, 2015 at 5:34 PM » Social News A Jackson County hearings officer has ordered Mountain View Paving to pay $2,400 in fines for violations of county rules, but will suspend $2,000 of the amount if the firm applies for land-use and building permits by Jan. 27. James R. Dole, in a Dec. 30 ruling, upheld a county complaint that cited four violations by the firm which has been in a four-year, land-use fight over its right to run an asphalt batch plant on the banks of Bear Creek just east of Talent. Dole levied $600 in fines for violations that included establishment of a land use without an approved permit, development in a mapped floodplain, construction of a commercial office built without a permit and lack of an electrical permit for office wiring. County Code Enforcement Officer Todd Miller issued the citation on Nov. 3. A hearing was held on Dec. 9. In October, County Hearings Officer Donald Rubenstein ruled that the firm must apply to continue operation because the former concrete batch plant use was changed to an asphalt use in 2001 without approval. Rubenstein’s ruling came on a remand from Oregon’s Land Use Board of Appeals after an appeal filed by Rogue Advocates. As a concrete operation, the plant was considered a nonconforming or “grandfathered” use because it was established prior to current zoning. Residents of Mountain View Estates, located across Bear Creek from the plant, Talent citizens and Rogue Advocates have contested the right of the plant to operate. Residents complain that odors and noise from the plant are a nuisance. Attorney Hillary Zamudio, who represents Mountain View Paving, said the firm will comply with the order to submit applications by the deadline, but was unhappy with the ruling. “We are disappointed,” said Zamudio. “We think the hearings officer might not have understood that the county doesn’t have the authority to issue those permits under the LUBA ruling.” Without a determination of the extent of the nonconforming uses, the county cannot issue the permits, Zamudio argued during the hearing. “It has to be well-documented,” said Zamudio. “What is the existing, nonconforming use has to be settled.” Dole wrote he expects some part of the plant operation to ultimately be approved. “By virtue of LUBA’s decisions ... defendants will probably be successful in obtaining nonconforming use approvals, at least to some extent,” Dole wrote. That statement was termed speculation by Zamudio. Through a representative, Dole said he was not in a position to comment on the decision. Dole did write that Mountain View Paving appears to be taking necessary and appropriate measures to resolve matters by pursing applications for nonconforming use approvals and is likely to continue to seek appropriate land-use approval. “On the other hand,” Dole wrote, “Jackson County continues to bear responsibility to apply its codes and (Land Development Ordinance) in an evenhanded manner.” While Mountain View might be able to get the use approvals, until then it is operating without the required permits and approval and the county is within its authority to issue citations, Dole wrote. “The new decision confirms the land-use violations cited by code enforcement,” said Steve Rouse, Rogue Advocates president. “The county has now clearly established that Mountain View Paving has no land-use authorization for their asphalt batch plant.” Rogue Advocates also has appealed Rubenstein’s October ruling to LUBA. The board is expected to hear the case sometime during February, although a date hasn’t been set. Reach Ashland freelance writer Tony Boom at [email protected] . By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Jan. 7, 2015 at 5:34 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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