34-775-Order Recorded 6/19/1980LF 0506
VOL 34 FACE 77
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Minor )
Partition MP-78-275, ) ORDER
Tony J. Marterie, Applicant )
This matter came before the regular term of the Board of County Commissioners on
May 21, 1980, on appeal from the decision of the Deschutes County Planning
Commission denying the application. The applicant appeared by and through
Robert S. Lovlien, Esq.; Tom Howes, Esq. represented neighborhood opposition,
including Douglas Caudell and Robert Morrison; and Erwin "Biff" Nilsson, Esq.
represented Robert Crum, a developer of the subdivision and the owner of several
nearby lots.
The entire record of the case and the arguments of counsel were considered. Based
on the foregoing, the Board of Commissioners makes the following findings of fact:
1. The Board adopts as its own the findings of fact set forth in the staff report
dated March 12, 1980, regarding MP-78-275, exhibit number 1 in the record. This
report is incorporated by reference into this order.
2. In addition to the foregoing, the Board specifically finds that there is no
recorded easement to Parcel 1, therefore, the access to Parcel 1 of the partition
is inadequate. Exhibit number 23 does not establish a right-of-way for road access
to Parcel 1. The fact that a thirty-foot strip adjacent to Parcel 1 is designated
as common area on the plat of Rimrock West does not establish that Parcel 1 has
access to a public street existing at the time of this decision. Although it is
not necessary to this decision, since Ordinance PL-11 would now apply to any
renewed application for this partition, the parties should note that the front
yard as defined in Section 4(166) is that yard contiguous to the road access to
the lot, regardless of the direction the front door of any proposed building might
face. Setbacks on property abutting the Deschutes River must be measured in
accordance with the definition of yard in Section 4(165). The lot would have to
be designed to provide two parking spaces in addition to any dwelling unit.
Section 25(4).
NOW, THEREFORE, IT IS HEREBY ORDERED that minor partition application MP-78-275,
Tony J. Marterie, applicant, is DENIED for the reasons set forth above.
DATED this 0- day of June, 1980.
Distribution:
Planning Director
Robert S. Lovlien, Esq.
Applicant
Tom Howes, Esq.
Erwin "Biff" Nilsson, Esq.
County Counsel
PAGE -1- ORDER
BOARD OF COUNTY COMMISSIONERS