2010-6-Minutes for Meeting November 30,2009 Recorded 1/12/2010DESCHUTES COUNTY OFFICIAL RECORDS 10104
NANCY BLANKENSHIP, COUNTY CLERK CJ Q 20+0
COMMISSIONERS' JOURNAL 01/12/2010 10;24;13 AM
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 30, 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also
present were Dave Kanner, County Administrator; Laurie Craghead, Legal
Counsel; Tom Anderson, Paul Blikstad, Will Groves, Kristen Maze and Cynthia
Smidt, Community Development; Tom Blust and Dennis Morris, Road Department;
Anna Johnson, Communications; Hillary Borrud of The Bulletin; and
approximately twenty other citizens.
Chair Baney opened the meeting at 10: 00 a. m.
1. Before the Board was Citizen Input.
The Board presented a plaque to and recognized the thirty years of service of
Dennis Morris of the Road Department.
2. Before the Board was Consideration of Approval County Administrator's
Signature of Document No. 2009.666, an Assignment of Lease regarding
Coffee Service in the Justice Building.
Teresa Rozic gave a brief overview of the item.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 1 of 9 Pages
3. Before the Board was Consideration of Signature of Order No. 2009-073,
Accepting a Petition for the Formation of Pinewood Estates Special Road
District, and Setting a Hearing Date.
Laurie Craghead said the necessary requirements have been met so far, and the
security deposit has been paid. There will be two hearings as required by law.
She explained that most of the lots are developed and inhabited. The first date
will be January 6, 2010.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2009-
660 and Document No. 2009-678, Authorizing Partial Release of
Improvement Agreement Bonds - Caldera Springs Resort.
Will Groves explained the reason for the release. Many of the cabins have been
completed and can be removed from the bond. Others are on warranty for the
balance of a full year.
Laurie Craghead said it is a policy issue and not a legal issue as to whether the
bond should be lowered.
UNGER: Move approval.
BANEY: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
5. Before the Board was Consideration of First Reading of Ordinance No.
2009-023, a Text Amendment regarding the Deschutes County Sign
Ordinance.
Cynthia Smidt gave a brief overview of the County-originated text amendment.
There are four options of text changes for the Board to consider.
Staff recommends option 3 or 4, as these present the fewest conflicts.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 2 of 9 Pages
Ms. Smidt said that the second reading would have to take place in January due
to scheduling; or the Board can adopt by first and second reading Laurie
Craghead said the decision would need to be unanimous in this case.
The Board indicated option #3 is their preference. Commissioner Luke
suggested that this be on the agenda next week, with first and second readings
and adoption by emergency at that time.
6. Before the Board was Consideration of Signature of Document No. 2009-
669, Findings and Decision on an Appeal by Tumalo Irrigation District of a
Historic Landmarks Commission Denial of a Landscaping Plan at the
Tumalo Creek Diversion Dam.
Kristen Maze explained the item, which was subject to a public hearing on
November 2, finding that the Historic Landmarks Commission decision be
overturned.
LUKE: Move approval.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
7. Before the Board was Consideration of Second Reading and Adoption, by
Emergency, of Ordinance No. 2009-025, Amending Code to Allow Utility
Facilities in the La Pine Industrial District.
Kristen Maze gave a brief overview of the item. At a joint public hearing of the
La Pine and Deschutes County Planning Commissions, approval was
recommended. A maximum height limitation would be included, not to exceed
Department of Environmental Quality requirements. With this Ordinance, they
could include an extra scrubber, etc. if they wish. A lengthy discussion took
place regarding the height of the stacks.
LUKE: Move second reading by title and including the change to language
as discussed in regard to the second alternative as proposed by staff.
UNGER: Second.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 3 of 9 Pages
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney then conducted the second reading, including the change on page 8
(e), item 3, exhaust stacks are not to exceed 100 feet in height or the DEQ
requirements regarding heights, whichever is less.
LUKE: Move adoption.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
8. Before the Board was a Public Hearing and Consideration of First and
Second Readings and Adoption, by Emergency, of Ordinance No. 2009-
026, Allowing Public Safety Operations in the Surface Mining Zone.
Chair Baney read the opening statement at this time.
In regard to conflicts of interest, bias, prejudgment or personal interest,
Commissioner Luke said he has discussed this with ODOT staff at other
meetings. Commissioners Baney and Unger had nothing to disclose.
Chair Baney opened the hearing at this time.
Paul Blikstad provided a brief overview of the item. The text amendment was
submitted by the Oregon Department of Transportation, so that it can utilize a
highway maintenance location year-round. The initial hearing was held n
October and continued to a later date, at which time the Planning Commissioner
voted unanimously to approve the proposal. ODOT already has approval to do
this service during specific hours, but this would allow ODOT to apply for a
special operating permit. It would be only for public safety operations, such as
those provided by ODOT and the Road Department.
Ms. Craghead said this does not approve the facility, just the hours of operation.
If there is not yet a facility, a process would have to be followed to establish the
facility.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 4 of 9 Pages
Rick Williams, who manages the ODOT maintenance station in Sisters, said
this facility covers specific areas. They are located on U.S. Forest Service land
at this time, but the USFS plans to sell its property in the near future.
ODOT has tried to locate on land owned by the State. There is already
approval to do aggregate removal. The material is used to sand roads and
similar maintenance work, and crash responses.
Commissioner Luke said that he supports the public safety aspects and knows
that there are times when this material needs to be accessed quickly. To be able
to operate by next winter, approval is needed as soon as possible.
Karen Swirsky, a land use planner for the Oregon Department of
Transportation, stated that they still need to go through the special operating
permit process as well.
Chair Baney closed the hearing at this time.
LUKE: Move first and second readings by title only.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
Chair Baney conducted the first and second readings by title only, declaring an
emergency.
LUKE: Move adoption.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
9. Before the Board was a Public Hearing on Remand on an Application from
Olaf and Jannis Bolken for a Determination of Whether they are Entitled
to Relief under Ballot Measure 49.
Chair Baney opened the public hearing. None of the Commissioners had any
bias, prejudgment, conflicts of interest or personal interest to disclose.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 5 of 9 Pages
Steve Griffin said the parties are in general agreement that the net increase in
number of homes for this project would be three. The major improvements
would relate to road improvements. Lots 1 and 2 would have direct access to
Highway 97; the other three would have access through a new road on the
northern parr of the property. The road construction will be an important issue
to consider.
In terms of cost, three more invoices from a planner were presented to him this
morning. All appears to be in order, so the additional $1,000 should be
included. He feels the cost figures are very close.
The deciding factor could be that the road construction and well construction
projects can be include under Measure 49. He feels that three homes are
maximum, and the parcels would have to be clustered.
Even if a particular improvement can be adapted to a use permitted under a new
law, those improvements are not to be included in the vested rights.
Commissioner Luke stated that they do have approval to put in five lots. Mr.
Griffin said that if they are found to have a common law vested right, they can
complete the project. If they did not have this right as of December 6, 2007,
they cannot do so. The approach to the road has been constructed but not the
road.
Mr. Griffin said that the Board can question any expenses, but the issue seems
to be where the applicant and counsel disagree. This would be on the
application fee and the well project.
Chair Baney stated that the good faith piece is the dates. Mr. Griffin said that it
was all done before the December date. He interprets that expenditures
incurred prior to that date are to be included as long as those expenditures were
reasonable and connected to the development. He feels that there is a gap of
about $3,500 between the two figures. The original fees and future expenses
are well documented by the applicants, including $4,400 in engineering costs
and substantial expenses for the road and well, totally about $91,000, prior to
the building of the homes. The pre-existing homes are of similar features as
those that are planned, which are modest. The total project cost would be about
$394,000
Staff recommends that the applicants supplement the record and see if it can be
adapted to the three-lot subdivision.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 6 of 9 Pages
Commissioner Luke reiterated that they are trying to include the approach to the
road of the north, which would service the back to lots. Mr. Griffin stated that
if it is the only permitted accesses and if the third lot needs permitted access to
the Highway, it would be appropriate to include the expenses.
Chair Baney questioned whether ODOT will even allow access onto Highway
97.
Commissioner Luke said he thought that the property owners could decide
whether to go with Measure 49 or Measure 37. Mr. Griffin replied that this
depends on the timing.
He feels that the Bolkens good faith is not an issue There is no indication that
any expenses were inflated or not otherwise not necessary.
The other factors are the types of expenditures. He feels that this relates to hard
costs. That could go either way, but he feels that this factor weighs against the
applicant although the amount is relatively small. In fact, these might be
considered neutral.
Commissioner Luke asked if the capacity of the well would be for three or five
residences.
Lisa Klemp, attorney for the applicant, came before the Board. She explained
the Bolkens acquired the property in 1971. There are two existing dwellings
that take access from Highway 97. An improvement of an apron was
constructed as required by ODOT. In 2005, the Bolkens applied for waivers
and then their land use approval, for six lots.
To allow for farm use, Mr. Bolken did not want to put a road down the middle
of the property, which would make farm use difficult.
A domestic well and cinders on the road were added. The well was put in just
for the new home sites. Mr. Bolken said that the existing well that serves the
two residences could sere one more.
Ms. Klemp said that there was a huge time commitment of four years, as well as
the money commitment. Based on this evidence, she feels that the Bolkens
have acquired vested rights. She agrees that the dwellings would have to be
clustered. Judges Tiktin and Adler feel that these investments prior to
December 6, 2007 are valid.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 7 of 9 Pages
Mr. Bolken also put in a culvert for the other lots so they can be used for
farming purposes. This amount was not included.
These improvements go beyond what is required. In this case, the apron and
well to serve three homesites is excessive and beyond what is necessary for the
existing residences. The Courts has established that this should not be solely
based on the costs.
Based on the figures set forth and the applicants, which ranges around 7%, she
feels they have satisfied the ratio analysis. The second well was established as
a community well for the three lots, and a third well was not contemplated.
Commissioner Luke stated that Exhibit 1 shows the five lots, with the name of
Cooper, showing fire access was approved and showing that the water flow is
such that it would be needed for fire.
Mr. Bolken said that a road would need to accommodate a heavy truck and a
well for the three homes would be needed. She indicated that a reservoir is
needed for fire use, or a sprinkler system in the homes instead. Commissioner
Luke asked if the additional access would be needed if there was just one
additional home; Mr. Bolken stated that he thought not.
Commissioner Luke pointed out that the drainfield for lot 1 sits in the area of lot
2. Mr. Bolken said this requires an easement. Because of a rock ledge in the
area, this was necessary. The well was placed where it is because of the rock.
Mr. Griffin stated that the testimony offered today by Mr. Bolken helps to fill
some of the missing information, such as the need for the additional well, and
that the approach from Highway 97 is too far north to serve a three lot
subdivision. From Counsel's point of view, these questions have been
satisfactorily answered.
Commissioner Luke asked if a sprinkler system is required in new homes.
Tom Anderson said that he believes this will be required beginning in 2011.
No further testimony was offered.
Commissioner Unger said that he is glad this continues a rural use, and feels
that the vested rights have been established. The applicant has put forth a good
faith effort to comply.
Minutes of Board of Commissioners' Meeting Monday, November 30, 2009
Page 8 of 9 Pages
Chair Baney feels that he apron and additional well were established to be able
to add the residences, and feels that the other conditions have been met.
Mr. Griffin said that the order on the Hurtley case will come before them on
Wednesday, December 2, if the Board would like an order presented on that
same date.
Commissioner Luke agreed that the burden of proof has been met. They were
working towards a five-lot subdivision, which is similar to what surrounds the
property already.
LUKE: Move that the Bolkens as of December 6, 2007 obtained a common
law vested right.
UNGER: Second.
VOTE: LUKE: Yes.
UNGER: Yes.
BANEY: Chair votes yes.
10. Before the Board were Additions to the Agenda.
None were offered.
Being no further items addressed, the meeting adjourned at 12:20 p.m.
DATED this 30th Day of November 2009 for the Deschutes County
Board of Commissioners.
ATTEST:
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
~ c
Recording Secretary
Alan Unger, Commissioner
Minutes of Board of Commissioners' Meeting
Page 9 of 9 Pages
Monday, November 30, 2009
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., MONDAY, NOVEMBER 30, 2009
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign-up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION of Approval County Administrator's Signature of
Document No. 2009-666, an Assignment of Lease regarding Coffee Service in
the Justice Building - Teresa Rozic, Property & Facilities
3. CONSIDERATION of Signature of Order No. 2009-073, Accepting a
Petition for the Formation of Pinewood Estates Special Road District, and
Setting a Hearing Date - Laurie Craghead, County Counsel
4. CONSIDERATION of Signature of Document No. 2009-660 and Document
.No. 2009-678, Authorizing Partial Release of Improvement Agreement Bonds -
Caldera Springs Resort - Will Groves, Community Development
5. CONSIDERATION of First Reading of Ordinance No. 2009-023, a Text
Amendment regarding the Deschutes County Sign Ordinance - Cynthia Smidt,
Community Development
6. CONSIDERATION of Signature of Document No. 2009-669, Findings and
Decision on an Appeal by Tumalo Irrigation District of a Historic Landmarks
Commission Denial of a Landscaping Plan at the Tumalo Creek Diversion Dam
- Kristen Maze, Community Development
Board of Commissioners' Business Meeting Agenda Monday, November 30, 2009
Page 1 of 6 Pages
7. CONSIDERATION of Second Reading and Adoption, by Emergency, of
Ordinance No. 2009-025, Amending Code to Allow Utility Facilities in the La
Pine Industrial District - Kristen Maze, Community Development
8. A PUBLIC HEARING, and Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2009-026, Allowing Public Safety
Operations in the Surface Mining Zone - Paul Blikstad, Community
Development
9. A PUBLIC HEARING on Remand on an Application from Olaf and Jannis
Bolken for a Determination of Whether they are Entitled to Relief under Ballot
Measure 49 - Steve Griffin, County Counsel
10. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Thursday, November 26
Most County Offices will be closed to observe Thanksgiving
Friday, November 27
Most County Offices will be closed to observe Thanksgiving (unpaid day of~ f}
Monda November 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, November 30, 2009
Page 2 of 6 Pages
Wednesday, December 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursda December 3
8:00 a.m.
Regular Meeting with Road Department
9:00 a.m.
Regular Meeting with Solid Waste
10:00 a.m.
Regular Update with District Attorney
11:00 a.m.
Regular Update with Community Development
12:00 noon
Meeting of Full Audit Committee
Monday, December 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday. December 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, December 10
11:00 a.m. Regular Update with Health and Human Services
Tuesdav. December 15. 2009
1:00 P.M. Official Signing of Greater Sisters Community Wildfire Protection Plan - Sisters
Fire Department Community Hall
Wednesday, December 16
11:00 a.m. Oregon Youth Challenge Graduation Ceremony
2:30 p.m. Administrative Work Session - could include executive session(s) - Please note later time!
Thursday December 17
9:00 a.m. Regular Update with the Sheriff's Office
11:00 a.m. Regular Update with Community Justice
Board of Commissioners' Business Meeting Agenda Monday, November 30, 2009
Page 3 of 6 Pages
Thursday, December 24
Most County Offices will be closed to observe Christmas (unpaid day ofj)
Fridav. December 25
Most County Offices will be closed to observe Christmas
Thursday, December 31
Most County Offices will be closed to observe New Years (unpaid day off}
Friday, January 1
Most County Offices will be closed to observe New Years
Monday, January 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Tuesday, January 5
1:30 p.m. Meeting of Full Budget Committee - Overview and Update
Wednesday, January 6
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, January 13
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, January 14
7:00 a.m. Regular Meeting with the City of Redmond Council, Council Chambers, Redmond
Monday, January 18
Most County Offices will be closed to observe Martin Luther King, Jr. Day
Board of Commissioners' Business Meeting Agenda Monday, November 30, 2009
Page 4 of 6 Pages
Wednesday, January 20
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, January 21
11:00 a.m. Meeting with Commission on Children & Families' Board and Department
Mondqy, January 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, January 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday. February 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday. February 10
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 15
Most County Offices will be closed to observe Presidents' Day
Wednesday, Februaary_17
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Monday, November 30, 2009
Page 5 of 6 Pages
Monday, February 22
10:00 a.m. Board of Commissioners' Meeting
12:00 noon Regular Meeting with Department Directors
1:30 P.M. Administrative Work Session - could include executive session(s)
Wednesday, February 24
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 1
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, March 3
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 4
10:00 a.m. Quarterly Update with the District Attorney
11:00 a.m. Quarterly Update with Community Development
1:30 p.m. Quarterly Update with the Road Department
2:30 p.m. Quarterly Update with Solid Waste
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Monday, November 30, 2009
Page 6 of 6 Pages
W ~
BOARD OF COMMISSIONERS' MEETING
Agenda Item of Interest:
Name
REQUEST TO SPEAK
Date: I1 /3
Address 00 vT 6 S A
Phone #s S C/ / 3 k 61/ 5-
E-mail address 4, k t t , % 004 4 , -le, ° ~ u
In Favor F-] Neutral/Undecided Opposed
Submitting written documents as part of testimony? ❑ Yes No
If so, please give a copy to the Recording Secretary for the record
a ~
BOARD OF COMMISSIONERS' MEETING
RE UEST TO SPEAK
Agenda Item of Interest:
Name d Ya 1
Address
Date:
105
Phone #s $
w
E
-mail address a
In Favor ❑ Neutral/Undecided Opposed
Submitting written documents as part of testimony? F]Yes No~
If so, please give a copy to the Recording Secretary for the record.
ti{ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: g Date:
Name
Address
Phone #s
E-mail address Qa/ v#0 M G d _
n Favor Neutral/Undecided Opposed
Submitting written documents as part of testimony? F]Yes ❑ No
If so, please give a copy to the Recording Secretary for the record.
Trs
~o~
G~v
v~ BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Agenda Item of Interest: Date:
Name
IL
t ,
Address Phone #s
E-mail address
14 In Favor ❑ Neutral/Undecided 0 Opposed
Submitting written documents as part of testimony? F-] Yes ❑ No
If so, please give a copy to the Recording Secretary for the record.
Remand Hearing, DR-07-11, Olaf and Janis Bolken, Common Law Vested Right
to Complete TP-07-1000
Legal Counsel Suggested Order of Presentation
1. Open hearing and state purpose of the hearing.
"The public hearing on DR-07-11 on remand from the circuit court is now open. The
purpose of this hearing is to consider, on remand from the circuit court, the
application of Olaf and Janis Bolken for a declaration that they have achieved a
common law vested right to complete the land use approved by the county in TP-07-
1000."
2. Declaration of conflicts.
Inquire as to whether any member of the board has any pre-hearing contacts, bias,
prejudice, or personal interest to declare.
3. Official notice of any facts outside the hearing record.
State any facts officially noticed outside the hearing record: None.
4. Challenges.
Inquire as to any challenges to the board's qualifications to hear the matter.
5. State substantive criteria and admonish participants.
"The substantive criteria for this hearing are set forth in the judgment of the circuit
court in the case of Bolken v. Deschutes County, Circuit Court Case Number
08CV0598AB. In summary, testimony and argument should be directed towards
whether or not on December 6, 2007 Mr. & Mrs. Bolken had made sufficient progress
towards completion of the residential subdivision tentatively approved by the county
in TP-07-1000 to have achieved a common law vested right to complete the project."
6. Order of presentation. Note: the parties will answer questions from the board
at any time during the hearing.
1. Staff report;
2. Proponent's presentation;
NOTE: There is no opponents' presentation because this is a remand hearing
and no opponents appeared in the circuit court;
3. Staff comments;
4. Proponent's final comments; and
5. Final board questions.
7. Conclusion.
"The public hearing on this matter is now closed."
8. Deliberation and render a decision or, alternatively, schedule for a later time to
render a decision, at the board's discretion.
BRYANT
FM I'R.S N
& FITCH,
Allot neys .il Law
November 25, 2009
Sent via e-mail to:
Board deschutes.or.us
and USPS
Deschutes County
Board of County Commissioners
1300 NW Wall Street
Bend, OR 97701
Sent vial email to:
Steven Griffinnco.deschutes.onus
and LISPS t~
Steven Griffin
Deschutes County Counsel
1300 NW Wall St., Suite 200
Bend, OR 97701
Re: Remand of Olaf and Jannis Bolken
File No. DR-07-1.1
Dear Commissioners:
Ronald L. Bryant *
Craig P. Emerson
Edward P. Fitch
Steven D. Bryant
Michael R. McLane
Lisa D.T. Klemp
Alison M. Emerson
Tony F. De Alicante *
Philip Emerson
Submitted herewith is Response to Staff Report with respect to the Remand matter
referenced above.
Sincerely,
B YANT, EMERSON & FITCH, LLP
LISA D.T. KLEMP
/pbj
Enclosure
cc: client
888 S.W. Evergreen Ave. P.O. Box 457 Redmond, OR 97756-0103
(541) 548-2151 Fax (541) 548-1895 E-mail bef@q)redmond-lawyers.com
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BEFORE THE
DESCHUTES COUNTY COMMISSIONERS
In the Matter of the Vesting
Application (Declaratory Ruling) File No. DR-07-11
OLAF BOLKEN and JANNIS
BOLKEN, APPLICANTS' RESPONSE
TO STAFF REPORT
Applicants.
Applicants, Olaf and Jannis Bolken, submit the following in response to the Legal Staff
Report submitted November 23, 2009.
The Bolkens purchased the subject property in June 1971. They commenced obtaining
approvals necessary to develop a 5-lot subdivision in 2005 and obtained a final approval frown.
Deschutes County and the State of Oregon in 2006. Based on those approvals they expended more
than $30,000 toward the developing of the subdivision. To deny them a vested right to continue the
approved use at this juncture would be akin to pulling the rug out from under them when they have
proceeded in good faith in reliance on the law and prior approval, and otherwise satisfied all of the
elements necessary to obtain a vested right pursuant to the common law.
The Staff Report recommends excluding specific expenditures and places significant
emphasis on the ratio analysis. The applicants oppose excluding expenditures that were necessarily
incurred in obtaining the required approvals for the development. The Oregon Court of Appeals has
already declared that such expenditures are qualified expenses. Furthermore, the Courts have stated
that there are five factors to consider in the vesting analysis - only one being the ratio analysis, and
that no single factor controls. Although the applicants believe that the ratio test is satisfied, if the
Page 1 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
&\C1ients\EPF\13o1ken, Olaf lBolken,Olaf--Remand CL\Applicants Response to Staff Report.wpd
BRXANI; EMERSON & I~ITCH,LLY
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
PO. BOX 457
REDMOND, OREGON 97756-0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
• I Board determines otherwise, the satisfaction of the other four factors must also be given
2 consideration to determine a vested right. Based on all of the evidence, the applicants have satisfied
3 the requirements to obtain a vested right as set forth in the common law.
4 1. Staff Excluded Expenditures:
5 A. $520 modified application fee
6 The Staff Report suggests that the expenses incurred to amend the land use application be
7 excluded from the ratio analysis. The County's planning staff recommended that the application be
8 amended from a 6-lot subdivision to a 5-lot subdivision. The expense incurred to amend was $520
9 in County fees. Without the amendment, and payment of the applicable fees, the application may not
10 have been approved. The issue was that prior to 1979 the County had a code requirement that the
11 center of the, lot be at least 360 feet wide. To satisfy this requirement and allow the lots to be
12 suitable to farm use and irrigation, the application had to be modified to five lots.
13 B. $1,116 land use consultant fee
14 The Staff Report also recommends exclusion of the land use consultant fees paid to Heidi
15 Kennedy in the amount of $1,116. Professional fees are an allowed expenditure as set forth by the
16 courts. The appellate courts have held that soft costs, such as engineering fees, planning and
17 consulting fees, application fees, and attorney fees incurred in conjunction with a land use
18 application prior to a change of law could be considered as part of qualified expenditures. See
19 Eklund v. Clackamas Co,, 36 Or.App. 73,583 P.2d 567 (1978); Cook v. Clackamas Co., 50 Or.App
20 75, 622 P.2d 1107 (1980).
21 It is clear from the record that Ms. Kennedy represented the Bolkens throughout their land
22 use application which included an amended application and public hearing. The fee for such
23 consultant services is reasonable in light of the complexity of the Measure 37 legalities, and a
24 modified application. Therefore, applicants submit that the fee should be included as reasonable,
25
26 Page 2 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
&\C1ients\E11F\Bo1ken, OlaflBolken,Olaf-Remand CL\Apphcants Response to Staff Report.wpd
BRYANT, EMERSON FC FiTCH, I.I.P
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
PO. BOX 457
REDMOND, OREGON 97756-0103
TELEPHONE (541) $48-2151
FAX (541) 548-1895
and an expense incurred in obtaining the subject approval.
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2. Error to include $8,500 for a second well that is not required or proposed.
The Bolkens have installed a domestic well at the cost of $8,664. This well is to serve the
three additional dwellings allowed by the land use approval. There is no requirement in the land use
approval that a second well also be established. Therefore, the inclusion in the total additional
expenses to complete the subdivision of $8,500 for a second well is in error.
3. Vested Rights analysis requires consideration of five factors, and no one factor controls.
As set forth in Clackamas County v. Holmes, 265 Or 193, 508 P.2d 190 (1973), there are
several factors to review on a case-by-case basis to determine if the Bolkens have obtained a vested
right to complete the use approved by the County. It is important to note that no single factor
controls - but a combination of satisfied factors may be enough to find a vested right. The
importance of all of the factors is illustrated by comparing the different approaches taken in the
decision of the Court of Appeals and the decision of the Supreme Court in Holmes. In Holmes, the
Court of Appeals rendered a decision, 11 Or App 1, 501 P.2d 333 (1972) that was subsequently
reversed by the Supreme Court. The Court of Appeals had affirmed the Circuit Court's denial of
vesting. The Court of Appeals took careful note that the property owner had made no effort to begin
construction of the proposed chicken processing plant at issue. The Court of Appeals further found
that the alleged use was not in actual existence when the law changed. This left one issue for the
Supreme Court to resolve: Did the property owners have a vested right to construct the plant?
The Court of Appeals had taken a very conservative and restrictive stand. It found only
$2,497 of the $33,000 claimed by the property owners to be "eligible expenses," holding that some
of the expenses could be as consistent with an agricultural activity as with construction of the
processing plant. The Supreme Court, on the other hand, allowed the $33,000 holding that the
expenses were not as consistent with agricultural use as they were with the use of a chicken
Page 3 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
Q\C1ients\8PF\Bo1ken, OlaABolken,Olaf-Remand CI_Wpplicants Response to Staff Report-wpd
BRYYANT, EMERSON & FITCH, u.p
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
P0. BOX 457
REDMOND, OREGON 97756-0103
TELEPHONE (541) 548.2151
FAX (541) 548-1895
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processing plant. The Supreme Court held that $33,000 was a substantial investment in and of itself,
and that it is proper to consider expenditures that were suitable both for other uses as well as the
proposed nonconforming use. Also, the Supreme Court rejected the proposition that a vested right
could only be found where the ratio of actual expenditures as compared with the total cost of the
completed project were substantial. The ratio test was only one of five factors by which the question
of a vested right could be resolved.
As set forth in Exhibit A to the "Applicant's Remand Memorandum" the Polk County v.
Martin, 292 Or 69, 636 P.2d 952 (1981), the court found a vested right to complete a residential
subdivision when only three of the five factors were met. As demonstrated in that Exhibit A, the
Bolkens have satisfied all five factors.
The Staff Report places significant emphasis on only one of the factors set forth in the
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common law vesting cases - the ratio analysis. This has been highly emphasized by those
challenging Measure 37 vested rights; however, it is only one of several factors to consider. As the
courts have all held no one factor controls. One possible explanation for such emphasis may be
because it may be the only quantitative factor. However, even it is not a bright line factor. First, the
decision maker must determine what expenses are allowable and what the denominator - or total
cost of the project is in order to calculate the ratio. In the case of Bolken, there is no clear decision
from the court that the cost of the homes to be built must be included in the denominator. Based on
the history and context in which Measure 49 was established, it was not likely that the legislature
intended subdivisions to be built out in order to be vested as set forth in the "Applicants Remand
Memorandum." This is because it would make the entire statutory provision for a vested right a sham
since no one would likely qualify. In addition, under Measure 49, a residential use for purposes of
achieving compensation does not include the construction of homes. It only includes the division
of land. Moreover, Measure 49 requires one to look to the use allowed in the Measure 37 waiver to
Page 4 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
G:\Clients\EPF\Bolken, OlaABolken,Olaf-Remand CL\Applicants Response to Staff Report.wpd
BRYANT EMERSON & FITCH, LLP
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
PO. BOX 457
REDMOND, OREGON 97756-0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
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determine whether vesting has been achieved. Those waivers and the language of Measure 49 make
it clear that it is only the division of land which constitutes the residential use that needs to be vested,
I not the construction of homes by third parties.
In the case of Eklund, supra, the property owner initiated plans for a subdivision of 108
residential lots. That subdivision was to be constructed in four phases. The first three phases
consisting of 20 homes was completed. The last phase, however, had not yet been completed when
the regulations effecting the property were amended by Clackamas County. The Boundary
Commission denied a request to extend the water system serving the remaining lots. The court,
however, found that the petitioner had a vested right to complete the subdivision based upon the
criteria set forth in Holmes. Of the 108 lots in that case, the petition had expended $15,000 for the
land, $57,754 in constructing the water system, and $83,000 in attorney fees, surveying and design
costs. The court found that even though there was no evidence concerning the ultimate cost of the
project, which may have included the homes, the project was nonetheless vested because there had
been a substantial investment.
Moreover, if the denominator is to include the cost of the homes, what is that cost. In this
case, there is no precise cost of the homes, and establishing the cost is inherently speculative because
one must look at future market conditions which can be subject to dramatic changes. One could
consider the value of the other homes on the property to determine this figure - to wit: $122,630 for
the 1934 dwelling, and $101,190 for the 1976 dwelling. Also, whether the cost of the existing
homes that make up the subdivision should be included in the ratio as expenses incurred in
completing the approved use is another element to be determined. Finally, the acceptable ratio is not
a hard and fast rule. In Holmes, the ratio was in the range of 7%. The court did not state that nothing
less is acceptable, but that considering all of the vesting factors, including the 7% incurred to
complete the project, that the owner had a vested right to complete his use. In fact, some courts have
Page 5 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
GAClients\EPP\Bolken, OIaABolken,Olaf-Remand CDApplicants Response to Staff Report.wpd
$RXA,NT, EMERSON & FITCH, LLY
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
P.O. BOX 457
REDMOND, OREGON 97756.0103
TELEPHONE (541) 548-2151
FAX (541) 548.1895
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found that a specific denominator for a ratio was not necessary to determine whether a substantial
investment has been incurred. Rather, the court looks to whether the investment of money and time
was substantial. See Biggerslaf f v. DLCD and Ralph .lohnson, et al, Judge Collins, Yamhill County
Circuit Court; DLCD v. Hudspeth, Judge Williams, Crook County Circuit Court. In this case, the
Bolkens have worked toward completion of this project since 2005, and have spent $30,000 of their
retirement money. This is truly a substantial investment of their time and money. In sum, the ratio
factor becomes less important when the other actors are satisfied.
The expenditures are all attributable to a 5-lot subdivision and would not support a use that
may be permitted under Measure 49. In fact, this position is in line with the Staff Report for vesting
which found this criteria met. Record at 182, page I I of 12 of DR-07-11 Staff Report. Pursuant to
the language of Measure 49, because there are already existing dwellings on the property - the
Bolkens may only be allowed one additional dwelling. Moreover, the costs associated with the
Measure 37 waivers, land use application, surveying, planning, legal expenses, a well, a road, and
the approach required by ODOT would not be expenses applicable to a one dwelling approval under
Measure 49.
The issue, as set forth by the courts, is not whether the "improvements" are "adaptable to
another permitted use." The analysis is "whether the expenditures have any relation to the completed
project or could apply to various other uses of the land, the kind of project, the location and ultimate
cost." Legal Staff Report, at 10, quoting Holmes, at 197-99. Unlike the land owner in Webber v.
Clackamus Co., 41 Or App. 151, 600 P.2d 448 (1979), who was already using the subdivision water
system to supply - for profit - water to surrounding properties where there was a shortage of water,
and therefore there was clearly another profitable use for the water system that enhanced its
adaptability to other uses, the expenditures incurred by the Bolkens are not servicing other needs or
uses and are not necessary for other uses of the property - including a single lot under Measure 49
Page 6 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
G1\C1ients\EPF\3o1ken, Ola\Bolken,Olaf-Remand CDApplicants Response to Stafl'Report.wpd
BRYANT, EMERSON 8c FITCH, L1.P
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
P0. BOX 457
REDMOND, OREGON 97756.0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
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I or a farm use.
Specifically, the land use decision addresses the requirements for a road when a subdivision
is proposed verses merely a partition. Although the County Engineer recommended less stringent
standards based on the nature of the subdivision, the hearings Officer rejected approval of those
recommended standards relying on the requirements of DCC 17.48. He states "A subdivision is not
I a partition, nor is it necessarily governed by the same standards. * * * DCC 17.48 sets forth the
I minimum standards governing construction of roads and other improvements and facilities."
Decision at 15-16 [underlining included in original for emphasis]. According to the code, he found
that he had no authority to approve the reduced standards recommended by the Engineer. Therefore,
he found that the applicant must satisfy the requirements of DCC Title 17 for road improvements
including dedication, aggregate base, hammerhead turnarounds, and inspection and approval by the
County Road Department. Decision at 16. Therefore, the expenditures for the "road" are clearly
excessive and not necessary for any partition that may be allowed under Measure 49 for a single
dwelling. In addition, the expenditures are not attributable to the farm use allowed under current
zoning. Therefore, this factor is satisfied.
4. Conclusion
In sum, the applicant has incurred expenditures of $30,000 which is nearly the same amount
the Supreme Court held to be a substantial expenditure in Holmes, however, the expense incurred
is only one of several factors to consider. Applicants have satisfied all five factors as set forth in
their Remand Memorandum. Even if the Board determines that the ratio factor is not satisfied, the
Page 7 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
&\Clients\EPF\Bolken, OlaBBolken,Olaf-Remand CL\Applicants Response to staff Report.wpd
BRYANT, EMERSON & FITCH, LLr
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
Po. BOX 457
REDMOND, OREGON 97756-0103
TELEPHONE (541) 548.2151
FAX (541) 548-1895
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applicant is still vested.
DATED this 25th day of November 2009.
Respectfully submitted,
BRYANT, EMERSON & FITC1-1, LLP
CIS 3c~
EDWARD P. FITCH, OSB #782026
LISA DT KLEMP, OSB #040012
Of Attorneys for Applicants
888 SW Evergreen Avenue - P.O. Box 457
Redmond, OR 97756
541.548.2151 - 541.548.1895 (fax)
Email: efitch@redmond-lawyers.com
Lisa cr,redmond-lawyers.com
Enclosures:
Deschutes County DIAL Report reflecting Assessment
HiLine Homes Flyer - example of cost of home
Page 8 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
GA0ients\EPF\Bolken, 01afl13o1ken,01af-Remand CL\Applicants Response to Staff Report.wpd
BRYANT, EMERSON & FITCH, LLP
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
P0. BOX 457
REDMOND, OREGON 97756-0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
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CERTIFICATE OF SERVICE
I hereby certify that 1 served the foregoing APPLICANTS' RESPONSE TO STAFF
REPORT on the following party by email and mailing a true copy thereof, certified by me as such,
contained in a sealed envelope with postage paid, addressed to said party as follows:
Steven Griffin
Deschutes County Legal Counsel
1300 NW Wall Street, Suite 205
Bend, OR 97701
and depositing in the post office at Redmond, Oregon on this 25th day of November 2009.
EDWARD P. F ITCH, OSB #782026
LISA DT KLEMP, OSB #040012
Of Attorneys for Applicants
Bryant, Emerson & Fitch, UP
P.O. BOX 457
Redmond, OR 97756
'T'elephone: (541) 548-2151
Facsimile: (541) 548-1895
Email: efitchLa)redmond-lawyers_com
lisa@redmond-lawyers.com
Page 9 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT
G1\C1ients\FPF\Bo1ken, Qlat\Bolken,Olaf-Remand CL\Applicants Response to Staff Reporl.wpd
BRYANT, EMERSON & F ITCH, LLP
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVENUE
P.O. BOX 457
REDMOND, OREGON 97756.0103
TELEPHONE (541) 548-2151
FAX (541) 548-1895
I
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Deschutes County Government, Oregon - DIAL Search Results Standard Page 1 of 15
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DISCLAIMER AND LIMITATION OF LIABILITY
Information on the Deschutes County Computer is not guaranteed to be
accurate and may contain errors and omissions. Deschutes County provides NO
WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR
ANY INFORMATION. Original records may differ from computer entries. If
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User's sole risk. Deschutes County shall not be liable for any direct,
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receiving information. The following property tax assessment data is updated
nightly.
Account: 127875 Map/TL: R 2-004 141309 00 01400
* * * CURRENT Ownership Information ONLY
BOLKEN,OLAF ETUX
9721 HWY 97 N
TERREBONNE OR 97760
Type: BOPTA CHANGE 309.120
THRU: CitiMortgage
AGENT: FAT (P)
Site Address: 9721 N HWY 97 TERREBONNE 97760
Assessor Property Description
Lot: Block:
Prop C1s:551 MA:2 VA:20 NH 000
Asmt Zone:EFU CDD Zone:EFUTE (EXCLUSIVE FARM USE - TERREBONNE SUBZONE)
IT :LM (LANDSCAPE MANAGEMENT COMBINING ZONE)
Land Values
Asmt type
FARM SITE
FARM SITE
D8 EXCLUSIVE
W2 EXCLUSIVE
Acres
1.00
1.00
FARM USE ZONED 3.5C
FARM USE ZONED 2.62
R.M.V.
8,150
8,150
31,410 DEFERRED
23,510 DEFERRED
1..._....ii....... , A ....1-+- r~fi„'7r,l~;art;rl=~5F11 10A-RnRn-5701-91D726DBA942... 11/24/2009
Deschutes County Government, Oregon _ DIAL Search Results Standard
Page 2 of 15
W3 EXCLUSIVE FARM USE
ZONED
8.90
79,830
DEFERRED
W4 EXCLUSIVE FARM USE
ZONED
8.00
62,940
DEFERRED
D6 EXCLUSIVE FARM USE
ZONED
0.32
220
DEFERRED
D7 EXCLUSIVE FARM USE
ZONED
6.06
19,070
DEFERRED
OSD
4,000
OSD
4,000
*Total
31.40
241,280
Improvement Values
FB $ R.M.V.
BLT %GD
133 122,630
1934
131 101,190
1976
300 110
300 170
300 120
300 760
300 590
300 450
*Total 226,020
- - - - - - - - - - - - -
- - -
- - - - - - -
- - - - -
- - - - - - - - - - -
Room Grad for 133 Total SgFt: 2616
- -
-
- R 0 0 M
S - - - -
- - -
LR
K
DR FAM BD
BATH OTH
FP UTL
Sq Ft:
1860
1st Fl
1
1
1 4
2
1 1
756
2nd Fl
1
1
Room Grid for 131
Total
SgFt:
1620
R 0 O M
S - - -
- - -
LR
K
DR FAM BD
BATH OTH
FP UTL
Sq Ft:
1620
lst Fl
1
1
1 3
2
1
* * * * * Values shown below are as of the Assessment Date, January I of each year * * * * *
---------2009--------
2008
2007-------__
Total
Taxable
Total Taxable
Total
Taxabl
RMV
A.V.
RMV A.V.
RMV
A.V.
LND:
241,280
289,050
289,050
IMP:
226,020
272,310
272,310
TOT:
- - -
467,300
- - - - - - - -
198,676
- - - - - -
561,360 193,231
- - - - - - - - - - -
561,360
- - - - - - - -
187,94
- - -
R 2004
141309-00-01400
127875
Prop Class 551
Value Area
20
Maint Area 2
Neighborhood
000
Asmt Zone EFU
BOLKEN,OLAF ETUX
9721 HWY 97 N
9721 N HWY 97
1,++, -/Axn%nx, rlacr•h„tPc nrrr&nriP.y r-fm7n'hiP.vtid=65F11 1 OA-BDBD-57C1-91D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard Page 3 of 15
TERREBONNE, OR 97760
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* * * I N S P E C T 1 0 N S * * *
Insp By: ST.ONGE-TISIOT10/19/04 lntr Insp
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Card 1 of 8
- - - R 0 0 M S - - - - -
LR K DR FAM BD BATH OTH FP UTL
Sq Ft: 1860 1st Fl 1 1 1 4 2 1 1
756 2nd F1 1 1
Factor Book: 133 Year Built: 1934
I N T E
R I O R
C O M P O N E N T S
Qtr/
Qty/
Description Area
Description ______________...-___----Area
HEAT PUMP
378
WOOD STOVE
1
LAUNDRY TUB
1
TOILET
3
LAVATORY
5
KITCHEN SINK
1
CARPET
TILE FLOOR
ROOF CVR - CEDAR SHINGLE
1428
WINDOWS - SINGLE PANE
WINDOWS - WOOD
FOUNDATION - CONCRETE
WATER HEATER
1
BATHTUB W/FIBRGL SHWR
2
DISHWASHER
1
ROOF - GABLE
HEAT PUMP
1860
SOAKING TUB
1
SHOWER W/DOOR, FIBERGLASS
- - - - - - - - - - - - - -
1
- - - - -
DECK COVER - AVERAGE
- - - - - - - - - - - - - - -
- - - - -
Card 2 of 8
R 0 0 M S - - - - - - -
LR K DR FAM BD BATH OTH FP UTL
Sq Ft: 1620 1st Fl 1 1 1 3 2 1
Factor Book: 131 Year Built: 1976
* * * I N T E R I O R C O M P O N E N T S * * *
Description--------------
FORCED AIR HEATING
TOILET
DISHWASHER
VINYL FLOOR
ROOF - GABLE
SIDING - T1-11/PLYWOOD
WINDOWS - METAL
KITCHEN SINK
Qty'/ Qty/
----m-Area Description Area
1620 FOUNDATION - CONCRETE
2 WATER HEATER 1
1 DRYWALL
CARPET
WINDOWS - DOUBLE/THERMAL PANE
LAVATORY 2
BATHTUB W/FIBRGL SHWR 1
1 ROOF CVR - SHAKE MED. 1620
1-. ./k..--, A-1-+- 110A-1RTIRTI_57f'1-9ID726DRA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard
Page 4 of 15
SHOWER W/DOOR, FIBERGLASS 1
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
* * * O T H E R IM P R O V E M E N T C O M P O N E N T S * * *
Factor Book: 131 Year Built: 1976
Qty/ Qty/
Description-----------------------Area Description -------'-------------____-Area
1620 DECK-AVERAGE $4
PUMP HOUSE 48
Card 3 of 8
* * * O T H E R I M P R O V E M E N T C 0 M P O N E N T 3
Factor Book: 300
Qty/ Qty/
Description------------------------Area Description------------------------Area
GP SHED 120
Card 4 of 8
* * * O T H E R I M P R O V E M E N T C O M P O N E N T S * * *
Factor Book: 300
Qty/ Qty/
Description Description-T----------------------Area
GP SHED 190
Card 5 of 8
* * * O T H E R I M P R O V E M E N T C O M P O N E N T S * * *
Factor Book: 300
Qty/ Qty/
Descr,iption----------------------- Area Description------------------------Area
LEAN-TO 280
Card 6 of 8
* * * O T H E R I M P R O V E M E N T C O M P O N E N T S * * *
Factor Book: 300
1 ++..•//xxnxnxr APCrh„t,.c nro/inrlpx r.fm?nhie;rtid=65F1 I I0A-BDBD-57C1-91D72GDBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard Page 5 of 15
Qty/ Qty/
Description ------_----_-------------Area Descry.ption----------------------- Area
GP BUILDING 1080
Card 7 of 8
* * * O T H E R I M P R O V E M E N T C O M P O N E N T S * * *
Factor Book: 300
Qty/ Qty/
Description Area Description Area
GP BUILDING 840
Card 8 of 8
* * * O T H E R I M P R O V E M E N T C O M P O N E N T S * * *
Factor Book: 300
Qty/ Qty/
Description Area Description Area
GP BUILDING 540
AT/Class
Desc
FARM SITE
A
1.00
FARM SITE
A
1.00
D8 EXCLUSIVE
FARM
USE
ZONED
A
3.50
W2 EXCLUSIVE
FARM
USE
ZONED
A
2.62
W3 EXCLUSIVE
FARM
USE
ZONED
A
8.90
W4 EXCLUSIVE
FARM
USE
ZONED
A
8.00
D6 EXCLUSIVE
FARM
USE
ZONED
A
0.32
D7 EXCLUSIVE
FARM
USE
ZONED
A
6.06
OSD
OSD
Adj Factor#1 Adj Factor#2 Adj Factor#3
* * * T A X P A Y M E N T S * * *
For current balance due information on this account select the following button (Please note that this link
will provide current balance information, including interest & fees, EXCEPT FO ACC12UNTS IN
FORECLOSURE, please call the tag office @ 388-6540 for payoff information on foreclosure accounts)
mi uumulmuuuu~um~m ~ m ui uumiuuimmum
k+4h -/h,mrnxY Aimvr„1h„+ac nrai;riilP.Y rfm9nhiPntM=65F1 1 10A-BDBD-57C1-91D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard
This web site uses the FREE AdobeV AcrobatO ReaderTm plug-in f A Garr '
If you do not have this plug-1n, click the icon to get it. AdAls Rea'
Page 6 of 15
For balance due information on this account for a future date, specify a future date and select the following
button (Please note that this link will provide current balance information, including interest & fees,
ACCOUNTS EXCEPT FOR C , please call the tag office @ 388-6540 for payoff
information on foreclosure accounts)
11/2412009
Enter a value future Date (mm/dd/yyyy):
NNNN i N N NI ININNIIIINNNINNNNINININNNI NI;,
This web site uses the FREE Adobes Acrobats ReaderTTM plug-in.
If you do not have this plug-in, click the icon to get it. Adout
2009 Balance Due. Adval Tax
0.00 3,078.77
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-12.09 0952 -2,986.41 -92.36 905346 C90699511
2008 Balance Due Adval Tax
0.00 2,706.05
Trn Date Btch Received Int/Disc Jrn1 Rcpt# Description
11-12-08 0852 -2,624.87 -81.18 743231
2007 Balance Due Adval Tax
0.00 2,583.36
Trn Date Btch Received Int/Disc Jrn1 Rcpt# Description
11-14-07 0752 -2,505.86 -77.50 612481
2006 Balance Due Adval Tax
0.00 2,445.78
Trn Date Btch Received 1nt/Diisc Jrnl Rcpt# Description
11-14-06 0652 -2,372.41 -73.37 440647
2005 Balance Due Adval Tax
0.00 2,440.51
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-14-05 5852 -2,367.29 -73.22 302656
2004 Balance Due Adval Tax
0.00 1,622.22
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-15-04 0452 -1,573.55 -46.67 179874
2003 Balance Due Adval Tax
0.00 1,517.84
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-20-03 9039 -1,472.30 45.54 69524
hftn•/Avww degnhnteq nra/index.cfm?obiectid =65F11 l0A-BD13D-57Cl-9lD726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard
Page 7 of 15
2002 Balance Due Adval Tax
0.00 1,518.05
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-15-02 7479 -1,472.51 -45.54 C 90 1309622
2001 Balance Due Adval Tax
0100 1,457.11
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-15-01 6805 -1,413.40 -43.71 C 90 1202404
2000 Balance Due Adval Tax
0.00 1,433.35
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-15-00 6163 --1,390.35 -43.00 C 90 1093503
1999 Balance Due Adval Tax
0.00 1,409.82
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-15-99 5604 -1,367.53 -42.29 C 90 1000222
1998 Balance Due Adval Tax
0.00 1,359.31
Trn Date Btch Received Int/Disc Jrnl Rcpt# Description
11-15•-98 5122 -1,318.53 -40.78 C 90 888767
1997 Balance Due Adval Tax
0.00 1,361.26
Trn Date Btch Received Int/Disc Jrn1 Rcpt# Description
12-15-97 4572 -1,320.42 --40.84 C 90 800471
1996 Balance Due Adval Tax
0.00 1,296.57
Trn Date Btch Received int/Disc Jrnl Rcpt# Description
11-15-96 4088 -1,257.67 -38.90 C 90 699511
Building Permit: 11443 on Account number: 127875
OLD BUILDING#...........
:
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........
PERMIT CLASS............
STRUCTURE TYPE..........:
PERMIT ZONING............
BUILDING USE
STRUCTURE TYPE..........
ON SEWER?
SOLAR APPROVED?
PERMIT NAME
CONTRACTOR NAME.........:
SITE ADDRESS............
STORIES
SQ FEET
B84173
141309 00 01400
127875
EXPIRED
RESIDENTIAL
NEW
REPLACING ROOF
WOOD FRAME
NOT LISTED
UNKNOWN
BOLKEN,HAROLD
UNKNOWN
9721 HWY 97 N, TERREBONNF
rrn. //xnxn~r (iPcrhritP c nra/index rfm`lnhiertid=65F1110A-BDBD-57C1-91D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard Page 8 of 15
BEDROOMS 2
PERMIT VALUATION........: 3,000
APPLICATION DATE........: 03/29/84
PERMIT ISSUE DATE.......: 03/29/84
EXPIRED DATE 04/23/93
Inspection Initial Comments
04/23/93 SYS Mass deleted per DH IF OLDER THAN 01/01/1990 AND NO
RECENT COMMENTS
Building Permit: 16873 on Account number: 127875
OLD BUILDING#........... :
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS
STRUCTURE TYPE..........:
PERMIT ZONING...........
BUILDING USE............
STRUCTURE TYPE...........
ON SEWER?
SEPTIC PERMIT NUMBER....:
SOLAR APPROVED?
PERMIT NAME
CONTRACTOR NAME.........:
SITE ADDRESS
STORIES
SQ FEET
PERMIT VALUATION........:
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
EXPIRED DATE............
76-1154
141309 00 01400
127875
EXPIRED
RESIDENTIAL
NEW
EFUTEyLM
RES
N/A
NOT LISTED
19649
UNKNOWN
BOLKEN OLAF ETUX
OREGON MODULAR HOMES
9721 N HWY 97, TERREBONNE 60
09/29/76
09/29/76
03/16/81
Inspection Initial. Comments
03/16/81 OLD JOB CHECK - EVERY THING HAS BEEN DONE AND THE HOUSE
LOOKS GOOD.
10/19/76 OLD FOOTINGS OK.
Building Permit: 54754 on Account number: 127875
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS
STRUCTURE TYPE..........:
PERMIT ZONING............
BUILDING USE............
STRUCTURE TYPE..........
ON SEWER?
SEPTIC PERMIT NUMBER....:
FRONT SETBACK IN FEET...:
141309 00 01400
127875
FINAL
RESIDENTIAL
REMODEL
BUILDING
LMyEFUTE
3 BED/BATH
WOOD FRAME
NO
52078
EF
htfn-//-,xnvw rl~*crh„tac nru/index_afm?nhiectid=65F11 IOA-BDBD-57C1-91D726DBA942... 11/24/2009
Deschutes County Govenunent, Oregon - DIAL Search Results Standard
RIGHT SETBACK IN FEET...:
DEFT SETBACK IN FEET....:
REAR SETBACK IN FEET....:
SOLAR APPROVED?
PERMIT NAME
CONTRACTOR NAME.........:
ARCHITECT
SITE ADDRESS
STORIES
SQ FEET
BEDROOMS
PERMIT VALUATION........:
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
639
1665
ER
YES
BOLKEN,OLAF ETUX
OWNER
OWNER
9721 N HWY 97, TERREBONNE 60
2
1512
3
110,376
04/13/04
05/21/04
10/07/04
Inspection Initial Comments
10/07/04
SEF
*FINAL APPROVED*
07/23/04
SEF
INSULATION APPROVED
07/14/04
SEF
FRAMING APPROVED
06/11/04
SEF
U/F FRAMING APPROVED
06/04/04
SEF
FTG/STEMWALL APPROVED
04/13/04
MGR
R3 1512 S4 FT X $ 73 = $ 110,376
Electrical Permit: 34200 on Account number: 127875
Map/TL
ACCOUNT
STATUS
BUILDING CLASS...........
PERMIT CLASS............
BUILDING USE
SERVICE DESCRIPTION.....:
PERMIT NAME
CONTRACTOR NAME.........:
SITE ADDRESS
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
141309 00 01400
127875
FINAL
RESIDENTIAL
NEW SERVICE
PUMP
200 AMPS OR LESS(1)
FEEDER(1)
FEEDER(1)
BOLKEN OLAF ETUX
Chets Electric Inc
9721 N HWY 97, TERREBONNE 6C
07/14/95
07/14/99
01/19/96
Page 9 of 15
Inspection Initial Comments
01/19/96 JJD *FINAL APPROVED
07/17/95 RED SERVICE OK CANT FINAL AS PUMP AND WHATEVER IS BEING FED
FROM 200 AMP CIRCUIT NOT WIRED
Electrical Permit: 73348 on Account number: 127875
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS............
141309 00 01400
127875
FINAL
RESIDENTIAL
REM
l,ttn• //vAvw. de-,chiitea.ora/index.ctm?obi ectid=65F 1110A-BDBD-57C 1-91 D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard
BUILDING USE
SERVICE DESCRIPTION.....:
LINKED BUILDING PERMIT..:
PERMIT NAME
CONTRACTOR NAME..........
SITE ADDRESS
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
BED/BA'T'H ADD
200 AMPS OR LESS/SERVICES/FEEDERS
ALTERATION OR RELOCATION
FEEDER
FEEDER
54754
BOLKEN,OLAF ETUX
DELTA ELECTRIC SERVICE LLC
9721 N HWY 97, TERREBONNE 60
04/13/04
05/21/04
10/11/04
Page 10 of 15
INSTALLATION,
Inspection Initial Comments
10/11/04 RED *FINAL APPROVED*
07/20/04 RED CCN: ROUGH & SERVICE APPROVED
07/14/04 GTJ CN: 1. CIRCUIT #1 AT FURNACE REQUIRES 44 AMP MINIMUM
CIRCUIT AMPACITY. #8 AWG NMB AMPACITY MAY NOT EXCEED
40 AMPS. 2. UPDATE PERMIT WITH ONE #4 TO REFLECT
FEEDER TO SUB-PANEL.
Electrical Permit: 73349 on Account number: 127875
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS
BUILDING USE
SERVICE DESCRIPTION.....:
LINKED BUILDING PERMIT..:
PERMIT NAME
CONTRACTOR NAME.........
SITE ADDRESS
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
141309 00 01400
127875
FINAL
RESIDENTIAL
NEW SERVICE
LIMITED REMODEL
LIMITED ELECTRICAL ENERGY - 1 & 2 FAMILY DWELLING
CONDITIONING SYSTEMS
54754
BOLKEN,OLAF ETUX
OWNER
9721 N HWY 97, TERREBONNE 60
04/13/04
05/21/04
10/11/04
Inspection Initial. Comments
10/11/04 RED *FINAL APPROVED*
07/14/04 GTJ ROUGH APPROVED
Mechanical Permit: 28763 on Account number: 127875
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS............
SERVICE DESCRIPTION.....:
141309 00 01400
127875
FINAL
RESIDENTIAL
NEW
ISSUANCE FEE
httn•//www r t-.go iltP4.or¢/index.cfm7obiectid=65F1110A-BDBD-57C1-91D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard
LINKED BUILDING PERMIT..:
PERMIT NAME
CONTRACTOR NAME.........:
SITE ADDRESS
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
54754
BOLKEN,OLAF ETUX
QUALITY HEATING
9721 N HWY 97, TERREBONNE 60
04/13/04
05/21/04
10/07/04
Inspection Initial Comments
10/07/04 SEF *FINAL APPROVED*
07/14/04 SEF ROUGH APPROVED
06/11/04 SEF U/F APPROVED
Plumbing Permit: 24624 on Account number: 127875
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS
SERVICE DESCRIPTION.....:
LINKED BUILDING PERMIT..:
PERMIT NAME
CONTRACTOR NAME.........:
SITE ADDRESS
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
141309 00 01400
127875
FINAL
RESIDENTIAL
NEW
REMODEL/U1 ISSUANCE FEE
54754
BOLKEN,OLAF ETUX
POWELL BUTTE PLUMBING LLC
9721 N HWY 97, TERREBONNE 60
04/13/04
05/21/04
10/07/04
Page 11 of 15
Inspection Initial Comments
10/07/04 SEF *FINAL APPROVED*
08/26/04 DJS APPROVED SHOWER PAN/TILE
07/23/04 SEF TOP OUT APPROVED
07/14/04 SEF TOP OUT DENIED. RAT-PROOF TUB AND PROVIDE NAIL PLATES
AT 3" WASTE
06/18/04 SEF SEWER LINE APPROVED
06/11/04 SEF U/F APPROVED
Septic Permit: 19649 on Account number: 127875
OLD SEPTIC#
Map/TL
ACCOUNT
STATUS
BUILDING CLASS...........
PERMIT CLASS............
PERMIT ZONING...........
761920
141309 00 01400
1.27875
EXPIRED
UNKNOWN
NEW
bttn-//wAvw-cif-qt-hiite-,.org/index.eftn?obiectid=65FI 110A-BDBD-57C1-91D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard
BUILDING USE
WATER SOURCE
SEPTIC PERMIT TYPE......:
FEASIBILITY NUMBER......:
LINKED BUILDING PERMIT..:
MIN SEPTIC GAL CAPACITY.:
SEPTIC TRENCH LENGTH....:
TRENCH DEPTH INCHES.....:
FIELD WORK DONE?........:
PERMIT NAME
CONTRACTOR NAME.........:
SITE ADDRESS............
APPLICATION DATE........:
EXPIRED DATE
16873
BOLKEN,OLAF
UNKNOWN
9721 HWY 97 N, TERREBONNE
08/30/76
08/30/77
Page 12 of 15
Inspection Initial Comments
06/03/04 SYS EXPIRED BY THE SYSTEM
Septic Permit: 52078 on Account number: 127875
OLD SEPTIC#
Map/TL
ACCOUNT
STATUS
BUILDING CLASS...........
PERMIT CLASS
PERMIT ZONING...........
BUILDING USE
WATER SOURCE
SEPTIC PERMIT TYPE......:
SPECIAL INSTRUCTIONS....:
FEASIBILITY NUMBER......:
141309 00 01400
127875
FINAL
RESIDENTIAL
ALTERATION
LMyEFUTE
RESIDENCE
WELL
ALTERATION PERMIT - MAJOR System Type: S
FOLLOW PLOT PLANS AND HYDRAULIC DESIGN CRITERIA
APPROVED BY SANITARIAN GARTH D. COOK AS INITIALED
GDC AND DATED 052004 FOR SEPTIC PURPOSES ONLY.
FOLLOW DEQ AND DESCHUTES COUNTY PRESSURE
DISTRIBTUION AND CAPPING FILL INSTALLATION RULES AND
INSPECTION REQUIREMENTS. CALL ALL INSPECTIONS TO
317--3181. AN INITIAL 16" UNSETTLED, NON-COMPACTED
CAP IS REQUIRED.
LINKED BUILDING PERMIT..: 54754
MIN SEPTIC GAL CAPACITY.: 1500
SERVICE DESCRIPTION.....: ALTERATION PERMIT - MAJOR
SEPTIC TRENCH LENGTH....: 400
TRENCH DEPTH INCHES.....: 14
FIELD WORK DONE?.........
BEDROOMS 4
PERMIT NAME BOLKEN,OLAF ETUX
CONTRACTOR NAME.........: OWNER
SITE ADDRESS 9721 N HWY 97, TERREBONNE 60
APPLICATION DATE........: 04/13/04
PERMIT ISSUE DATE.......: 05/20/04
FINAL DATE 09/01/04
Inspection Initial Comments
09/01/04 GDC *FINAL SEPTIC INSP APPROVED
httn-//vvww.de.-,c'htite-,.org/index.cfm?obiectid=65Fl 110A-BDBD-57C 1 T91 D726DBA942... 11/24/2009
Deschutes County Goverment, Oregon - DIAL Search Results Standard
Page 13 of 15
08/11/04
GDC
DF PRECOVER INSP APPROVED
08/09/04
GDC
SEPTIC TANK WATER TEST, H--VALVE SWITCHING, SQUIRT TEST,
ORIFICE SPACING & FLOW--THROUGH, CAP SAMPLE---ALL
APPROVED. NEEDS PRECOVER, PUMP TESTS, FINAL CAP INSPS.
08/04/04
JKH
AS BUILT SUBMITTED/SCHEDULED FOR INSPECTION
05/20/04
LJP
REVISED PLOT PLAN & PUMP CURVE SUBMITTED/CDDR/GDC
05/19/04
JKH
OWNER UPGRADED TO ALTERATION PERMIT FEE PAID, EXCAVATOR
WILL BRING IN ADDENDUM TO THE PLOT PLAN
05/10/04
JKH
EXCAVATOR HAS THE CURTAIN DRAIN INSTALLED AND WILL BE
READY TO HAVE YOU LOOK AT IT ON THURSDAY
04/26/04
GDC
SEPTIC APP TROUBLE LETTER TO BE SENT. FWD.
04/13/04
JKH
EXISTING HOME WILL BE ADDING 3 BEDROOMS AND ONLY ONE
BEDROOM WILL BE REMAINING FROM THE ORIGINAL HOME.
COMPLETED HOME WILL BE A 4 BEDROM HOME. NEW TEST PITS
HAVE BEEN DUG TO INSTALL A NEW SYSTEM FOR THIS ADDITION.
Septic Permit: 56230 on Account number: 127875
OLD SEPTIC#
Map/TL
ACCOUNT
STATUS
BUILDING CLASS..........:
PERMIT CLASS
PERMIT ZONING............
BUILDING USE
WATER SOURCE
SEPTIC PERMIT TYPE......:
SPECIAL INSTRUCTIONS....:
FEASIBILITY NUMBER......:
MIN SEPTIC GAL CAPACITY.:
SERVICE DESCRIPTION.....:
SEPTIC TRENCH LENGTH....:
TRENCH DEPTH INCHES.....:
FIELD WORK DONE?........:
BEDROOMS
PERMIT NAME
CONTRACTOR NAME.........
SITE ADDRESS
APPLICATION DATE........:
PERMIT ISSUE DATE.......:
FINAL DATE
141309 00 01400
127875
FINAL
RESIDENTIAL
REPAIR
LMyEFUTE
RES
W
REPAIR PERMIT MINOR
LEGALLY PUMP AND ABANDON EXISTING STEEL TANK AND
INSTALL NEW TANK WITH APPROVABLE RISER. MAINTAIN
REQUIRED FALL FROM TANK OUTLET TO TOP OF DRAIN
MEDIA. SUBMIT COMPLLTED AS-BUILT FORM TO REQUEST
TANK PRECOVER INSPECTION.
1000
REPAIR PERMIT MINOR
3
BOLKEN,OLAF ETUX
LARIAT CONSTRUCTION & DEVELOPMENT
9721 N HWY 97, TERREBONNE 60
06/08/06
06/09/06
06/12/06
Inspection Initial Comments
06/12/06 GDC *FINAL SEPTIC INSP APPROVED
06/09/06 LJP AS BUILT SUBMITTED/CDDR GDC
06/08/06 LJP THIS IS FOR A TANK REPLACEMENT PER DOUG MUCK/LARIAT
CONST 420-2500
***Land use application: E0955 on Account number: 127875***
bttn-//www.deschiltes.org/index.cftn?obiectid=65FI 110A-BDBD-57C 1-91 D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard Page 14 of 15
Map/TL.,
.
ACCOUNT
REQUEST
DATE SUBMITTED..........
DATE ACCEPTED...........
STATUS
STATUS DATE
APPLICANT
SITE ADDRESS............
141309 00 01400
127875
EXTENSION OF TP-07-1000/MA-07-13
10/16/09
10/19/09
FINAL
10/20/09
OLAF BOLKEN
9721 N HWY 97,TE
***Land use application: A0810 on Account number: 127875***
Map/TL 141309 00 01400
ACCOUNT 127875
REQUEST APPEAL OF HEARINGS OFFICER DECISION - DR-07-11.
DATE SUBMITTED..........: 06/10/08
DATE ACCEPTED...........: 06/16/08
STATUS VOIDED
STATUS DATE 07/18/08
APPLICANT OLAF & JANNIS BOLKEN
SITE ADDRESS 9721 N HWY 97,TE
***Land use application: DR0711 on Account number: 127875***
Map/TL 141309 00 01400
ACCOUNT 127875
REQUEST DECLARATORY RULING FOR VESTED RIGHT DETERMINATION FOR
DATE SUBMITTED..........: 12/18/07
DATE ACCEPTED............ 12/21/07
STATUS FINAL
STATUS DATE 06/12/08
HEARING OFFICER DECISION: DENIED
HEARING DATE............; 05/30/08
BOARD OF COMM DECISION..: DENIED
APPLICANT OLAF BOLKEN
SITE ADDRESS 9721 N HWY 97,TE
***Land use application: MA0713 on Account number: 127875***
Map/TL 141309 00 01400
ACCOUNT 127875
REQUEST MODIFY TP-07-1000 FOR NEW LOT CONFIGURATION
DATE SUBMITTED..........: 08/28/07
DATE ACCEPTED...........; 09/04/07
STATUS FINAL
STATUS DATE 11/26/07
HEARING OFFICER DECISION; APPROVED
HEARING DATE 11/14/07
APPLICANT OLAF BOLKEN
SITE ADDRESS 9721 N HWY 97,TE
***Land use application: TP071000 on Account number: 127875***
Map/TL 141309 00 01400
ACCOUNT 127875
httT)://www.deschutes.orp/index.cfm?objectid=65F 1110A-BDBD-57C 1-91 D726DBA942... 11/24/2009
Deschutes County Government, Oregon - DIAL Search Results Standard Page 15 of 15
REQUEST
DATE SUBMITTED..........:
DATE ACCEPTED............
STATUS
STATUS DATE
HEARING OFFICER DECISION:
HEARING DATE
APPLICANT
SITE ADDRESS
6-LOT MEASURE 37 SUBDIVISION
06/26/07
07/03/07
FINAL
11/27/07
APPROVED
11/14/07
OLAF BOLKEN
9721 N HWY 97,TE
***Land use application: LM0449 on Account number: 127875***
Map/TL 141309 00 01400
ACCOUNT 127875
REQUEST
DATE SUBMITTED..........:
DATE ACCEPTED............
STATUS
STATUS DATE
APPLICANT
SITE ADDRESS............
LANDSCAPE MANAGEMENT SITE PLAN FOR REMODEL.
03/10/04
03/22/04
FINAL
04/13/04
OLAF BOLKEN
9721 N HWY 97,TE
Real Property Tax Lot Record
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Tax Lot Record prior to July 2003
For Tax Lot Records prior to 1995 please call our office at (541)388-6508.
14 13 09 0 0 01400 Code 2-004 Current Acres 31.40
This description is for tax purposes ONLY and can not be
attached to any legal document.
hM://www.deschutes.orriz/index.cfin?obiectid=65F 111 OA-BDBD-57C 1-91 D726DBA942... 11/24/2009
