29-714-Order Recorded 1/30/1979NOt_ 29 FAGS 7i4
1 IN THE BOARD OF COMMISSIONERS OF THE STATE OF QREGQN
2 FOR DESCHUTES COUNTY
3 In the Matter of
4 ROBERT L. MARR, )
5 Applicant. )
6
File No. LDP 78-180
ORDER
7 WHEREAS, it appears from the Affidavit of RICHARD KNOLL, attached hereto as
8 Exhibit "A," and incorporated herein by reference, that the location and development
9 permit in fule number LDP 78-180, ROBERT L. MARR, Applicant, was unlawfully granted
10 on November 27, 1978; and
11 WHEREAS, it appears from Clackamas County vs. Emmert, 14 Or.App. 493,
12 513 P. 2d 532 (.1973), that the County is not estopped to enforce its zoning
13 ordinances if it granted a permit unlawfully to an applicant; and
14 WHEREAS, it appears from the Affidavit above mentioned that the actual con-
15 struction pursuant to the permit is not consistent with the permission granted,
16 in that the mobile home is smaller than the applicant proposed and sited differently;
17 and
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19 has threatened litigation against the County on the ground that his clients did
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o>~zo 20not receive a full and fair evidentiary hearing on the application and were not
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Jo(Om~ 22 NOW, THEREFORE, IT IS HEREBY ORDERED that on February 12, 1979, at 2:00 o'clock
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23p.m. in the Commissioner's Conference Room of the Deschutes County Courthouse Annex,
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° 24a hearing will be held by the Board wherein the Applicant shall be required to show
25cause why location and development permit in file number LDP 78-180 should not
26be vacated. Notice of this hearing shall be sent by the Planning Department to
Page -1- ORDER
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va 29 715
1 JAMES S. DREW, Esq., attorney for the majority of the landowners within the zone
2 of notification, the landowners in the area of notification, and HARRY ENGLISH, Esq.,
3 attorney for Applicant.
4 DATED this 30 day of (x 1979.
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6 DESCHUTES COUNTY
BOARD OF COMMISSIONERS
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Chairman
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Commissioner L/ U
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James S. Drew, Esq.
Harry A. English, Esq.
Donald R. Guiley, 560 Harvest Lane, Roseburg, Oregon 9.7470
Jerry L. Hutchinson, 20949 Knotts Road, Bend, Oregon
Dale A. Larsen, 20889 Knotts Road, Bend, Oregon
Robert L. Marr, 3735 Wilshire Lane, Eugene, Oregon 97405
Leslie R. Unverzagt, c/o James B. Williams, P.O. Box 448, Valley Ford, Ca. 9.4972
Terrill F. Becker, 9304 N.E. 135th Lane, Kirkland, Wa. 98033
Joseph E. Allyn, 60760 Tekampe Road, Bend, Oregon
David C. Bergren, c/o Ronald S. Stevens, 60686 Tekampe Road, Bend, Oregon
Beverly D. Parker, Rt. 2, Box 1318, Madras, Oregon 97741
Planning Director
County Counsel
Page -2- ORDER
STATE OF OREGON )
COUNTY OF DESCHUTES ) ss.
I, Richard Knoll, first being duly sworn, depose and say:
On January 2, 1979, Mr. Ron Stevens, a property owner within
the 700' area of notification, (LDP-78-180), came to the
Planning Department demanding to know why the mobile home
in question has been placed on tax lot 500, 18-12-22.
(PL-5 requires after notice is sent that if a majority of
property owners within the area of notification oppose
the placement of a mobile home, this department will
deny the permit. A clerical error by the Planning De-
partment failed to record two property owners in
opposition and a letter of approval (11-27-78) was sent
to the applicant). After checking our files, the de-
partment, (Richard Knoll & Philip Paschke) determined that
a majority of property owners had indeed opposed the place-
ment of the mobile home.
This department then determined that we had approved the
permit when, in fact, we should have denied it. We then
decided to go to the site and place red tags (Stop Work
Orders) on the mobile home.
After posting the red tags, we measured the mobile home
in question and found it just over 500 square foot
minimum (44.25' x 11.75'). The permit application
indicated that mobile home size would be 14' x 70'.
The mobile home placement was different to that shown
on the Location & Development Plan. It had been placed
parallel to Knott Road, where the Location & Development
Plan indicated it to be perpendicular.
At the time this department red tagged the mobile home,
there were no on-site improvements except for a short
driveway off of Knott Road.
Further affiant sayeth not
Subscribed and sworn to before me this 29th
day of January , 1979.
o.
LOUIS B. DVORAK
NOTARY PUBLIC - OREGON!
I My Commission ExPires &2 0445? 1
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NOTARY PUBLIC FOR OREGON
My Commission Expires: Oct. 20, 1981
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1 STATE OF OREGON )
) SS.
2 County of Deschutes)
3 I, JANICE L. CANGIE, being first duly sworn, depose and say that I mailed
4 a certified true copy of Order on January 30, 1979, to each of the following-
5 named individuals at the address listed, by depositing the same in the Post
6 Office at Bend, Oregon.
7 JAMES S. DREW, Esq., 1012 N..W. Wall.Street, Bend, Oregon 97701;
8 HARRY A. ENGLISH, Esq., 46 N. W. Franklin, Bend, Oregon 97701;
9 DONALD R. GUILEY, 560 Harvest Lane, Roseburg, Oregon 97470;
10 JERRY L. HUTCHINSON, 20949 Knotts Road, Bend, Oregon 97701;
11 DALE A. LARSEN, 20889 Knotts Road, Bend, Oregon 97701;
12
ROBERT L. MARR, 3735 Wilshire Lane, Eugene, Oregon 97045;
13
LESLIE R. UNVERZAGT, c/o James B. Williams, P.O. Box 448, Valley Ford, Ca. 94972;
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TERRILL F. BECKER, 9304 N. E. 135th Lane, Kirkland, Washington 98033;
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JOSEPH E. ALLYN, 60760 Tekampe Road, Bend, Oregon 97701;
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DAVID C. BERGREN, c/o Ronald S. Stevens, 60686 Tekampe Road, Bend, Oregon 97701;
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BEVERLY D. PARKER, Rt. 2, Box 1318, Madras, Oregon 97741;
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DESCHUTES COUNTY PLANNING DIRECTOR, Courthouse Annex, Bend, Oregon 97701;
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LOUIS B. DVORAK, Deschutes County Counsel, Courthouse Annex, Bend, Oregon 97701.
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DATED this 30th day of January, 1979.
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SUBSCRIBED AND SWORN to before me this 30th day of y1anuary, 1979.
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My commission expires: 10-20-81
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