HomeMy WebLinkAboutOrder 004 - Ballot Measure 49 Right - HarryDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-196)
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 6, 2010
Please see directions for completing this document on the next page.
DATE: December 21, 2009
FROM: Steven Griffin ' Legal 330-4645
TITLE OF AGENDA ITEM:
Sign Order from Remand Hearing on application of Marie Harry for a determination of whether she is
entitled to relief under Ballot Measure 49, Section 5(3).
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
The Board held a hearing on December 9, 2009 regarding the application of Marie Harry for a
determination of whether she is entitled to relief under Ballot Measure 49, Section 5(3). After
conducting the public hearing on the matter, the Board found in favor of applicant, Marie Harry.
The proposed agenda item is to have the Board review and sign the Order declaraing that Marie Hart y
has a "Common Law Vested Right" to Continue and Complte the Land Use Described in TP -05-0964.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Sign Order No. 2010-004.
ATTENDANCE: Steven Griffin, Deschutes County, Assistant Legal Counsel;
Ed Fitch, Attorney for Claimant;
Marie Harry, Claimant
DISTRIBUTION OF DOCUMENTS:
Deschutes County Legal Department
Community Development Department
Ed Fitch, Attorney for Claimant
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGO
An Order Declaring that Marie Harry Has A
"Common Law Vested Right" To * ORDER NO. 2010-004
Continue and Complete the Land Use
Described in TP -05-964
WHEREAS, Measure 49, Section 5(3) allows recipients of "Measure 37 Waivers" to continue al d
complete a land use approved pursuant to "Measure 37 waivers" provided that on December 6, 2007 t] e
recipient of the waiver had achieved a "common law vested right" to continue and complete the u e
described in the waiver; and
WHEREAS, the board finds that the Marie Harry is the recipient of a Measure 37 waiver issued
by the county in Board of County Commissioners Order number 2005-025 and the Oregon Department of
Land Conservation and Development in Order number M118557; and
WHEREAS, the board finds that on July 30, 2007 the county issued a tentative approval of a 9 -lot
residential subdivision on the property which is subject to the aforementioned waivers. This tentati\
approval was approved in Deschutes County file number TP05-0964; and
WHEREAS, Marie Harry qualifies for a "common law vested right" under Oregon case laws
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. Marie Harry is entitled to relief under Measure 49, Section 5(3). She may
continue and complete the land use described in TP05-0964. She 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 TP -05-
0964.
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PAGE 1 OF 2- ORDER NO. 2010-004 (1/2010)
Section 2. This order does not relieve Marie Harry from complying with any of the
conditions of approval of TP -05-0964, any other applicable portion of the Deschutes County Code, or
state law. Any further use of the land not approved in TP -05-0964 would be subject to the land l se
approval process.
DATED this day of , 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
PAGE 2 OF 2- ORDER No. 2010-004 (1/2010)