HomeMy WebLinkAboutOrder 005 - Ballot Measure 49 Right - Bolken�JCES C
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
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 ITVI:
Sign Order from Remand Hearing on application of Olaf and Jannis Bolken for a determination of
whether they are 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 November 30, 2009 regarding the application of Olaf and Jannis Bolkeii
for a determination of whether they are entitled to relief under Ballot Measure 49, Section 5(3). After
conducting the public hearing on the matter, the Board found in favor of applicants, Olaf and Jannis
Bolken.
The proposed agenda item is to have the Board review and sign the Order declaraing that Olaf and
Jannis Bolken have a "Common Law Vested Right" to Continue and Complte the Land Use Described
in TP -07-1000.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Sign Order No. 2010-005.
ATTENDANCE: Steven Griffin, Deschutes County, Assistant Legal Counsel;
Ed Fitch, Attorney for Claimant;
Olaf and Jannis Bolken, 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, OREGON 1
An Order Declaring that Olaf and Jannis
Bolken have A "Common Law Vested Right"
To Continue and Complete the Land Use
Described in TP -07-1000
ORDER NO. 2010-005
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 t1
recipient of the waiver had achieved a "common law vested right" to continue and complete the u:
described in the waiver; and
WHEREAS, the board finds that Olaf and Jannis Bolken are the recipients of Measure 37 waivf r
issued by the county in Board of County Commissioners Order number 2006-157 and the Orego i
Department of Land Conservation and Development in Order number M129491; and
WHEREAS, the board finds that county tentatively approved a subdivision plan in TP -07-1000 fc r
31.40 acres to be subdivided into 5 residential lots and on December 6, 2007 the Bolkens have mad
substantial progress toward completing the land use described in TP -07-1000; and
WHEREAS, Olaf and Jannis Bolken qualify for a "common law vested right" under Oregon case law
and the board finds that there are no other legal impediments to relief; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COLTNTY, OREGON,
ORDERS as follows:
Section 1. Olaf and Jannis Bolken are entitled to relief under Measure 49, Section 5(3). They mai
continue and complete the land use described in TP -07-1000. They are 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 -07-1000.
/1/
PAGE 1 OF 2- ORDER NO. 2010-005 (1/2010)
Section 2. This order does not relieve the Bolkens with complying with any of the conditions )f
approval of TP -07-1000, any other applicable portion of the Deschutes County Code, or state law. Any furth :r
use of the land not approved in TP -07-1000 would be subject to the land use 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. 2010-005 (1/2010)