Benton County Commissioners on Tuesday decided that Charlie Fischer had spent enough on subdivid-ing his property to allow him to finish creating housing lots, but not to build the houses themselves.

The Commission was split 2-1 on the decision, with Commissioners Jay Dixon and Linda Modrell ap-proving and Annabelle Jaramillo dissenting.

"Mr. Fischer is caught between Measures 37 and 49 and so are we," Dixon said. "I don't think the out-come of this is going to please half the people."

According to Fischer's records, he spent $67,000 in surveying, petitioning the county and state for a Measure 37 claim on property at 6455 N.E. Pettibone Drive and filing the required planning and building paperwork.

By his calculations, that amounts to 17.7 percent of the subdivision's $378,214 budget on waiver fees, platting fees, erosion permits, wetlands delineation and survey work.

The commission agreed, but only in regard to creating the lots. The decision does not grant Fischer the right to actually develop the property with houses.

The current zoning of his land, exclusive farm use, doesn't allow for residential housing, at least at the density Fischer wants. His plan calls for seven houses on the site.

Fischer, 85, had planned to use the money from dividing his land for housing lots to pay his wife's $5,000 monthly nursing home bills n an expense that is rapidly using up his savings.

The case tested how the county will apply Measure 49, Oregon's newest land use law, which seeks to limit development on rural property.

Greg Verret, the county's community development director, said once Fischer completes the subdividing and platting of new lots, he could use Measure 49's "fast-track" option to develop two houses on the land.

George Heilig, a land use attorney who represents Fischer, said the decision still leaves much in question and is ripe for an appeal.

"Unfortunately, Mr. Fischer proceeded in good faith to get his property finally platted but he may be thwarted by his need to provide for his family," Heilig said.

Matt Neznanski can be reached at 758-9518 or matt.neznanski@lee.net