2010-26-Order No. 2010-003 Recorded 1/12/2010REVIEWED
L G L COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2010-26
CLERK°S CJ 2010.26
01/12/2010 10:41:49 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring that the Frank L. Rencher
Trust, Frank L. Rencher trustee * ORDER NO. 2010-003
Has A "Common Law Vested Right" To
Continue and Complete the Land Use
Described in MA-07-9/TP-07-991
WHEREAS, Measure 49, Section 5(3) allows recipients of "Measure 37 Waivers" to continue and
complete a land use approved pursuant to "Measure 37 waivers" provided that on December 6, 2007 the
recipient of the waiver had achieved a "common law vested right" to continue and complete the use
described in the waiver; and
WHEREAS, the board finds that the Frank L. Rencher Trust, Frank L. Rencher trustee is the
recipient of Measure 37 waiver issued by the county in Board of County Commissioners Order number
2005-077 and the Oregon Department of Land Conservation and Development in Order number
M120240; and
WHEREAS, the board finds that on November 7, 2007 it issued a tentative approval of an 8-lot
residential subdivision on the property which is subject to the aforementioned waivers. This tentative
approval was approved in Deschutes County file number MA-07-9/TP-07-991 and received Deschutes
County document number 2007-578; and
WHEREAS, the board finds as follows:
1. The total cost for the project for purposes of the ratio test announced by the Oregon
Supreme Court in Clackamas County v. Holmes was approximately $1.0 to $1.1 million.
2. The total amount expended in good faith pursuit of the development for purposes of the
Holmes ratio test was approximately $100,000.00 to $105,000.00.
3. The applicant proceeded in good faith throughout the development process;
4. The kind of project, its location, and its ultimate cost are such that the development, if
vested, will generally fit in with the existing development and character of surrounding land uses. These
factors also favor a finding of a vested right;
PAGE 1 of 2- ORDER No. 2010-003 (1/2010)
5. The costs incurred prior to December 6th for the 8 lot subdivision are not applicable to
either uses allowed under the current zoning or a partition that could occur under other provisions :)f
Ballot Measure 49; and
6. The applicant presented substantial evidence that, by December 6, 2007, he had male
substantial progress toward completing the aforementioned land use;
WHEREAS, Frank L. Rencher qualifies for a "common law vested right" under Oregon ca .e
law and the board finds that there are no other legal impediments to relief, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The Frank L. Rencher Trust, Frank L. Rencher trustee is entitled to relief under
Measure 49, Section 5(3). He may continue and complete the land use described in TP07-991. The
applicant is entitled to record a final plat and have the land subdivided according to that plat pursuant
to all of the conditions of approval in MA-07-9/TP-07-991.
Section 2. This order does not relieve the applicant from complying with any of tl,e
conditions of approval of MA-07-9/TP-07-991, any other applicable portion of the Deschutes Count y
Code, or state law. Any further use of the land not approved in MA-07-9/TP-07-991would be subject
to the land use approval process.
DATED this 44, day of - , 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
DENNIS R. LUKE, Chair
a~~ ( &
ALAN UNGER, Vice Chair
4D*W-,/
TAMM ANEY, missioner
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