33-766-Order Recorded 1/2/1980VOL 33 FACE 766
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of the Non-Conforming )
Use Permit NCU 77-4, Robert Schouten, ) 0 R D E R
Applicant. )
This matter came before the regular term of the Board of County Commissioners
on November 30, 1979, at the request of Robert Schouten, who claimed that he was
denied a building permit for expansion of Deschutes Mobile Park, located at
60311 Cheyenne Road, Bend, Oregon. The building permit was required in order to
add eight mobile home spaces to the existing mobile home park. Robert Lovlien,
Esq., represented Mr. Schouten, and County Counsel advised on the positUan of the
Planning Department. Argument having been heard and the Board being fully advised,
the following Findings of Fact were adopted:
1. The expansion of Deschutes Mobile Park to a total of 32 units is within
the scope of non-conforming use permit NCU-77-4. This permit was issued by the
Deschutes County Planning Commission on September 23, 1977.
2. On July 1, 1977,Chapter.766, Section 5, amended ORS 215.130 to prohibit
expansion of non-conforming uses.
3. On September 23, 1979, County Procedural Ordinance PL-5 allowed the
Planning Commission to issue permits to expand non-conforming uses and this provision
violated ORS 215.130(4) as then in effect.
4. The District Attorney did not advise the Board of Commissioners to delete
the provisions of PL-5 that were contrary to Chapter 766, Section 5, Oregon Laws of
1977, until November 25, 1977.
5. The applicant received further permits for development of his property until
April, 1979, when he was first advised that his non-conforming use permit was invalid.
6. During this time he spent about $10,000.00 in reliance on a non-conforming
use permit.
PAGE -1- ORDER
' VOL 33 wi 167
7. A proration of the engineering costs and the costs of applying for permits
from the Department of Environmental Quality, the Sanitation Department, and the
Department of Commerce, were incurred in reliance on the nonconforming use permit.
8. The Board is not aware of any neighborhood opposition to the expansion of
Deschutes Mobile Home Park in accordance with the nonconforming use permit.
9. The Board finds that the expenditures of the applicant in reliance on the
nonconforming use permit NCU-77-4 were large in comparison to the total cost of the
project, were made in good faith, and relate specifically to the expansion of the
mobile home park rather than being applicable to various other uses of the land.
The Board further finds that the acts of the applicant rise beyond mere contemplated
use or preparation.
10. The applicant did not have notice of the invalidity of his nonconforming
use permit at the time he began construction of the mobile home park.
11. Although the Board of County Commissioners lacks the power to determine
whether a party established a nonconforming use based on vested rights,
Eagle Creek Rock Products, Inc. vs. Clackamas County, 29 Or.App. 371, 556 P.2d 150
(1976), rev. den. [1977], the Board must take a position on the validity of its own
nonconforming use permits. The Board finds that this nonconforming use permit was
issued after the effective date of Oregon Laws of 1977, Chapter 766, Section 5,
July 1, 1977. However, this amendment to Oregon Laws only made County Zoning Ordinance
PL-5 provisions allowing issuance of permits for expansion and nonconforming uses
voidable rather than void. No action to amend PL-5 to conform with State law was
taken until November, 1977.
Since substantial action was taken in good faith reliance on this permit, the
Board is not inclined to take any action to avoid it.
NOW, THEREFORE, IT IS HEREBY ORDERED that the Planning Director shall not refuse
to approve ROBERT C. SCHOUTEN's application for building permit dated February 21, 1979,
PAGE -2- ORDER
VOL 33 FACE 763
• on the ground that the proposal constitutes an expansion of a non-conforming use,
so long as the expansion is in compliance with Non-Conforming Use Permit NCU-77-4.
Said application is attached to this order as Exhibit A.
DATED this &R& day of January, 1980.
BOARD OF COUNTY COMMISSIONERS
CLAY 4C.S1 P RD,
. YOUNG,
PAGE -3- ORDER
PERMIT APPLICATION
k`?CHUTF '
s •
cc u 14
KENNETH E. GLANTZ, BUILDING ADMINISTRATOR EXT. 72
LORIN D. MORGAN, PLANNING DIRECTOR EXT. 75
JOHN K. GLOVER, COUNTY SANITARIAN EXT. 60
VOL JJ FACE 7M:
DESCHUTES COUNTY
BEND, OR 97701
382-4000
DATE
BUILDING PERMIT NO.
SANITATION PERMIT N,.._
JOB LOCATION--z// la
r
ADDRES
~S
PERMIT TYPE
-
RESIDENTIAL COMMERCIAL MOBILE HOME
SEPTI ACCESSORY OTHER
4
CLASS OF WORK
FIRE ZONE
NEW REMODEL DEMOLITION MOVED
s
I USE OF BUILDING
OCCUPANCY
6
STRUCTUREETYPE
CONSTRUCTION TYPE
METAL FRAME BLOCK LOG OTHER
7 6 9
OWNER'S NAME & ADDRESS G 1/d~/~'I c
~ -r_PHONE 3
'
(
31/
BUILDER
S NAME & ADDRESS
v-
PHONE
ARCHITECTr ENGINEER
PHONE
NOTES:
LEGAL _
DESC
SUBDIVISION NAME-
/2-
/ 2-40
RANGE SECTION
DATE PROPERTY WAS PURCHASED
USE OF 37UiL_DING (DESCRIBE IN DETAIL
NOTES:
PERMIT NUMBER
I
i SIZE OF SEPTIC TANK-. h2-b._._-GAL
NUMBER OF BEDROC
N OT E S:
SQUARE FEET OF SIDEWALL
t6 WAT'€R SOUURCE E,19 -1
-
CERTIFY LABOR IN CONNECTION W!TH THE CONSTRUCTION OF THE SEWAGE
=ERSON L _i; UNDER ORS 454.695 OR THE OWNER.
OF OINNERIINSTALLER X
ILL BE PERFORMED EITHER BY A
rLANNIr G -~T
VALUATION
20
APPROVE:,
.:'q!ED
BUILDING
22
C Y
;-L
I AGI= .iG BUILD ACCORDING TO ABOVE
-
i
DESCR!P'!ON PLANS & SPECIFICATIONS AND THE
SURCHARGE
23
BUILDING CODE OF DiESCHUTES COUNTY THIS
FER!,'iT BECOMES NULL & VOID IF WORK OR
PLUMBING
24 .
COP+STP,1C TlvN AUTHORIZED IS NOT COMMENCED
SANITA
. ,.-?"T
WITHIN 120 DAYS. OR IF WORK OR CONSTRUCTION
SURCHARGE-_-.-
_ _ 25
IS SUSPENDED OR ABANDONDED FOR A PERIOD OF
APPROVE
:ENIED
120 DAYS AT ANY TIME AFTER WORK IS
MOBILE HOME _
26
gY----
-
I
COMMENCED .
SEPTIC----
27
DATE-
-
-
BUILDER CERTIFICATION NO.
OTHER
2e
PLANS CHECK EEE
_~,5
HEAT
30
PPROVc
i
OWNER OF AUTHORIZED AGENT
TOTAL FEES DUE
s,
EY
RECEIPT NUMBER---
_ 32
TAXLOT NO. PLAT NO.
LO BLOCK
.ZONE "ACREAGE
14
„ SANITATION DEPT EX. 60,