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HomeMy WebLinkAbout2009-11-30 Business Meeting MinutesDeschutes 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 part 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 Hurt ley 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. LINGER: Second. VOTE: LLTKE: Yes. LINGER: 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: Recording Secretary Tammy Baney, Chair 's"° Dennis R. Luke, Vice Chair alam- Unger, Commissioner Minutes of Board of Commissioners' Meeting Monday, November 30, 20( 9 Page 9 of 9 Pages a 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 off) Monday, 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) Thursday, 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 Tuesday, 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 off} Friday, 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 Page 4 of 6 Pages Monday, November 30, 2009 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 Monday, 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, February 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 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: e -t Date: 1/ /6 Name 5;?. Address CIO Cr co Sr' , /3 e C.' , C��+ Phone #s 1 ss' k E -mail address e.r , 14 ��..� ;1 r/ In Favor r1 Neutral/Undecided A 4 1 �� !e C,'r` Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record,'` BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: 44 Date: Name k Address I I ...y t Phone #s r E -mail address J',; In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed ■ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Agenda Item of Interest: Q N Date: CV b Address 74/ / g 7 IV e114,e 0 • �f 7 7 '' Name Phone #s 1 E -mail address d06 /dive 1V) 3 u Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING Agenda Item of Interest: Name Address REQUEST TO SPEAK Date: Opposed No Phone #s Akr, E -mail address In Favor Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No 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. B RYANT & FITCH, 1.L1> Atturnevs ai La,� Sent via e-mail to: Board @deschutes.or.us and USPS Deschutes County Board of County Commissioners 1300 NW Wall Street Bend, OR 97701 November 25, 2009 Sent vial email to: Steven_Griffin a co.deschutes.or.us and USPS Steven Griffin Deschutes County Counsel 1300 NW Wall St., Suite 200 Bend, OR 97701 Ronalk l L. Bryant * Crai ; P. Emerson Ed yard E Fitch Ste% m D. Bryant Michas 1 R. McLane Lis, D.T. Klemp Alison M. Emerson Tony E )e Alicante * Ph lip Emerson Re: Remand of Olaf and Jannis Bolken File No. DR -07 -11 Dear Commissioners: Submitted herewith is Response to Staff Report with respect to the Remand matte referenced above. /pbj Enclosure cc: client Sincerely, B YANT, EMERSON & FITCH, LLP LISA D.T. KLEMP 888 S.W. Evergreen Ave. P.O. Box 457 Redmond, OR 97756 -0103 (541) 548 -2151 Fax (541) 548-1895 E -mail bef@redmond- lawyers.com 1 BEFORE THE DESCHUTES COUNTY COMMISSIONERS 4 5 In the Matter of the Vesting Application (Declaratory Ruling) File No. DR -07 -11 6 for OLAF BOLKEN and JANNIS 7 BOLKEN, APPLICANTS' RESPONSE TO STAFF REPORT 8 Applicants. 9 10 Applicants, Olaf and Jannis Bolken, submit the following in response to the Legal Staft 11 Report submitted November 23, 2009. 12 The Bolkens purchased the subject property in June 1971. They commenced obtaining 13 approvals necessary to develop a 5 -lot subdivision in 2005 and obtained a final approval from 14 Deschutes County and the State of Oregon in 2006. Based on those approvals they expended more 15 than $30,000 toward the developing of the subdivision. To deny them a vested right to continue the 16 approved use at this juncture would be akin to pulling the rug out from under them when they have 17 proceeded in good faith in reliance on the law and prior approval, and otherwise satisfied all of the 18 elements necessary to obtain a vested right pursuant to the common law. 19 The Staff Report recommends excluding specific expenditures and places significant 20 emphasis on the ratio analysis. The applicants oppose excluding expenditures that were necessarily 21 incurred in obtaining the required approvals for the development. The Oregon Court of Appeals hay 22 already declared that such expenditures are qualified expenses. Furthermore, the Courts have stated 23 that there are five factors to consider in the vesting analysis - only one being the ratio analysis, and 24 that no single factor controls. Although the applicants believe that the ratio test is satisfied, if the 25 Page 1 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT 26 G: \Clients\EPF\Bolken, Olaf\Bolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd BRYANT, EMERSON, & FITCH, LLP ATTORNEYS A LAW 888 S.W. EVERGREE V AVENUE P.O. BOX 7 REDMOND, OREGON 97756 -0103 TELEPHONE (541) 548 -2151 FAX (541) 548 1895 Board determines otherwise, the satisfaction of the other four factors must also be given consideration to determine a vested right. Based on all of the evidence, the applicants have satisfied the requirements to obtain a vested right as set forth in the common law. 1. Staff Excluded Expenditures: A. $520 modified application fee The Staff Report suggests that the expenses incurred to amend the land use application be excluded from the ratio analysis. The County's planning staff recommended that the application be amended from a 6 -lot subdivision to a 5 -lot subdivision. The expense incurred to amend was $520 in County fees. Without the amendment, and payment of the applicable fees, the application may not have been approved. The issue was that prior to 1979 the County had a code requirement that the center of the lot be at least 360 feet wide. To satisfy this requirement and allow the lots to be suitable to farm use and irrigation, the application had to be modified to five lots. B. $1,116 land use consultant fee The Staff Report also recommends exclusion of the land use consultant fees paid to Heidi Kennedy in the amount of $1,116. Professional fees are an allowed expenditure as set forth by the courts. The appellate courts have held that soft costs, such as engineering fees, planning and consulting fees, application fees, and attorney fees incurred in conjunction with a land use application prior to a change of law could be considered as part of qualified expenditures. See Eklund v. Clackamas Co., 36 Or.App. 73, 583 P.2d 567 (1978); Cook v. Clackamas Co., 50 Or.App 75, 622 P.2d 1107 (1980). It is clear from the record that Ms. Kennedy represented the Bolkens throughout their land use application which included an amended application and public hearing. The fee for such consultant services is reasonable in light of the complexity of the Measure 37 legalities, and a modified application. Therefore, applicants submit that the fee should be included as reasonable, Page 2 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT G: \Clients \EPF \Bolken, OlaflBolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd BRYANT, EMERSON & FITCH, us ATTORNEYS A LAW 888 S.W. EVERGREE V AVENUE PO. BOX 4 7 REDMOND, OREGON 97756 -0103 TELEPHONE (541) 548 -2151 FAX (541) 548 1895 and an expense incurred in obtaining the subject approval. 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 G: \Clients \EPF \Bolken, Olaf\Bolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd BRYANT, EMERSOP & FITCH, LLe ATTORNEYS A LAW 888 S.W. EVERGREE V AVENUE P.O. BOX 4 7 REDMOND, OREGOr, 97756 -0103 TELEPHONE (541; 548 -2151 FAX (541) 548 1895 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 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, Olaf\Bolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd BRYANT, EMERSON & FITCH, LLP ATTORNEYS A LAW BBB S.W EVERGREE J AVENUE P.O. BOX 41 7 REDMOND, OREGON 97756 -0103 TELEPHONE (541) 548 -2151 FAX (541) 548 1895 1 determine whether vesting has been achieved. Those waivers and the language of Measure 49 make 2 it clear that it is only the division of land which constitutes the residential use that needs to be vested, 3 not the construction of homes by third parties. 4 In the case of Eklund, supra, the property owner initiated plans for a subdivision of 108 5 residential lots. That subdivision was to be constructed in four phases. The first three phases 6 consisting of 20 homes was completed. The last phase, however, had not yet been completed when 7 the regulations effecting the property were amended by Clackamas County. The Boundary 8 Commission denied a request to extend the water system serving the remaining lots. The court, 9 however, found that the petitioner had a vested right to complete the subdivision based upon the 10 criteria set forth in Holmes. Of the 108 lots in that case, the petition had expended $15,000 for the 11 land, $57,754 in constructing the water system, and $83,000 in attorney fees, surveying and design 12 costs. The court found that even though there was no evidence concerning the ultimate cost of the 13 project, which may have included the homes, the project was nonetheless vested because there had 14 been a substantial investment. 15 Moreover, if the denominator is to include the cost of the homes, what is that cost. In this 16 case, there is no precise cost of the homes, and establishing the cost is inherently speculative because 17 one must look at future market conditions which can be subject to dramatic changes. One could 18 consider the value of the other homes on the property to determine this figure - to wit: $122,630 for 19 the 1934 dwelling, and $101,190 for the 1976 dwelling. Also, whether the cost of the existing 20 homes that make up the subdivision should be included in the ratio as expenses incurred in 21 completing the approved use is another element to be determined. Finally, the acceptable ratio is not 22 a hard and fast rule. In Holmes, the ratio was in the range of 7 %. The court did not state that nothing 23 less is acceptable, but that considering all of the vesting factors, including the 7% incurred to 24 complete the project, that the owner had a vested right to complete his use. In fact, some courts have 25 Page 5 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT 26 G: \Clients\EPF \Bolken, Olaf\Bolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd BRYANT, EMERSON & FITCH, cm, ATTORNEYS A LAW 888 S.W. EVERGREE J AVENUE P.O. BOX 4: 7 REDMOND, OREGON 97756 -0103 TELEPHONE (541) 548 -2151 FAX (541) 548 1895 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 Biggerstaff v. DLCD and Ralph Johnson, 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 11 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 G: \Clients \EPF \Bolken, Olaf\Bolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd BRYANT, EMERSON 1 FITCH, LLP ATTORNEYS AT L 1W 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 9' 756 -0103 TELEPHONE (541) 5, 1 -2151 FAX (541) 548-1F 15 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 a partition, nor is it necessarily governed by the same standards. * * * DCC 17.48 sets forth the 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 G: \Clients\EPF\Bolken, Olaf\Bolken,Olaf- Remand CL\Applicants Response to StaffReport.wpd BRYANT, EMERSON & FITCH, LLP ATTORNEYS AT Lf N 888 S.W. EVERGREEN F /ENUE P.O. BOX 457 REDMOND, OREGON 97 56 -0103 TELEPHONE (541) 54f 2151 FAX (541) 548 -18c 1 applicant is still vested. 2 DATED this 25th day of November 2009. 3 Respectfully submitted, 4 5 6 7 8 9 10 11 Enclosures: Deschutes County DIAL Report reflecting Assessment 12 HiLine Homes Flyer - example of cost of home 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT BRYANT, EMERSON & FITCH, LLP 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 a,redmond- lawyers.com 26 G: \Clients\EPF \Bolken, Olaf\Bolken,Olaf- -Remand CL\Applicants Response to StaffReport.wpd BRYANT, EMERSON ! o FITCH, LLe ATTORNEYS AT I \W 888 S.W. EVERGREEN \VENUE P.O. BOX 457 REDMOND, OREGON 9 756 -0103 TELEPHONE (541) 5. 3 -2151 FAX (541) 548-1f )5 1 CERTIFICATE OF SERVICE 2 I hereby certify that I served the foregoing APPLICANTS' RESPONSE TO STAFF 3 REPORT on the following party by email and mailing a true copy thereof, certified by me as such, 4 contained in a sealed envelope with postage paid, addressed to said party as follows: 5 6 7 8 and depositing in the post office at Redmond, Oregon on this 25th day of November 2009. Steven Griffin Deschutes County Legal Counsel 1300 NW Wall Street, Suite 205 Bend, OR 97701 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 of 9 - APPLICANTS' RESPONSE TO STAFF REPORT 26 G: \Clients \EPF\Bolken, Olaf Bolken,Olaf- Remand CL\Applicants Response to Staff Report.wpd CF EDWARD P. FITCH, OSB #782026 LISA DT KLEMP, OSB #040012 Of Attorneys for Applicants Bryant, Emerson & Fitch, LLP P.O. Box 457 Redmond, OR 97756 Telephone: (541) 548 -2151 Facsimile: (541) 548 -1895 Email: efitch@redmond- lawyers.com lisanredmond- lawyers.com BRYANT, EMERSON (c FITCH, LLP ATTORNEYS AT AW 888 S.W. EVERGREEN AVENUE PO. BOX 45' REDMOND, OREGON 7756 -0103 TELEPHONE (541) ; 18 -2151 FAX (541) 548-' 395 TREMENDOUS VALUE! CUSTOM -BUILT HOMES Standard Features Double Pane Low E Windows • Spacious Vaulted Ceilings (Most • Horizontal Lap Siding • 5/12 Roof Pitch • 24" Foundation • 2x6 Exterior Walls • 30 -Year Arch - Roofing • Wood Cabinets • Ridge Vent Built on Your Site from 1940 sq.ft. Home ° °'y $87,9 Plans MORE THAN 20 PLANS! Available BEDROOM 2 3' x 11'5" PINING RIM 15 x 92' (1 —I� VAULT LV£, �E[RROOM 13 x 11'3 ENTRY GREAT RIO 22'8' x 21' HIL NE (541)647-1600 BUILT ON YOUR SITE COV{RFD PORCH 40 2005 Hi kw Wines . 6 t ple sAve 14 Come walk Through Our Model Home! "Hig tarsdiv Central Oregon 1454 NW Maple Rim Ct, Redmond Western Oregon (3034 399 -1721 22.' Call for a FREE INFORMATION, PACKET or visit our MODEL HOME WWW.HiLineHomes.com Deschutes County Government, Oregon - DIAL Search Results Standard Page 1 of 15 Enhancing the lives of citizens by delivering quality services in a cost - effective manner Deschutes County hot news! be informed first! I help I site map location I contact us I En espaiol LIVING HERE BUSINESS VISITING l GOVERNMENT 1 Living in Deschutes County: Comprehensive information for residents of Deschutes Ccunty. ® You are here: Government » Departments » Assessor's Office » DIAL Search Results `hand 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 reliance upon computer record is intended, verification of information on source documents is required. User expressly acknowledges and agrees that the use of any information appearing on the Deschutes County Computer is at User's sole risk. Deschutes County shall not be liable for any direct, indirect, incidental, or consequential damages caused by mistakes, omission -3, deletions, errors, defects, in any information, or any failure or delays in 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 Cls:551 MA:2 VA:20 NH 000 Asmt Zone:EFU CDD Zone:EFUTE (EXCLUSIVE FARM USE - TERREBONNE SUBZONE) :LM (LANDSCAPE MANAGEMENT COMBINING ZONE) * ** Land Values * ** Asmt type Acres R.M.V. FARM SITE 1.00 8,150 FARM SITE 1.00 8,150 D8 EXCLUSIVE FARM USE ZONED 3.50 31,410 DEFERRED W2 EXCLUSIVE FARM USE ZONED 2.62 23,510 DEFERRED L�- � a,���••• +�� ,rR�;,,�Q., oiw,9„>„ Pr.+;. J= 4sF111nA -RDRD- 5701- 91D726DBA942... 11/2x'/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 Grid for 133 Total SqFt: 2616 R O O M S LR K DR FAM BD BATH OTH FP UTL Sq Ft: 1860 1st F1 1 1 1 4 2 1 1 756 2nd Fl 1 1 Room Grid for 131 Total SqFt: 1620 R O O M S LR K DR FAM BD BATH OTH FP UTL Sq Ft: 1620 1st F1 1 1 1 3 2 1 * ** LND: IMP: TOT: * * * ** Values shown below are as of the Assessment Date, January 1 of each year * * * ** 2009 2008 2007------ - Total Taxable Total Taxable Total Taxibl RMV A.V. RMV A.V. RMV A.V. 241,280 289,050 289,050 226,020 272,310 272,310 467,300 198,676 561,360 193,231 561,360 187 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 �i?r+•JJrimmr rlacrhiitac nrrt /inrdav n fm7nhientic1= 65F111 04- RDRD- 57C1- 91D726DBA942... 11/24/21,09 Deschutes County Government, Oregon - DIAL Search Results Standard Page 3 o f 15 TERREBONNE, OR 97760 * * * I N S P E C T I O N S Insp By: ST.ONGE- TISIOT10 /19/04 Intr Insp * * * Card 1 of 8 R O O M S LR K DR FAM BD BATH OTH FP UTL Sq Ft: 1860 1st F1 1 1 1 4 2 1 1 756 2nd Fl 1 1 Factor Book: 133 Year Built: 1934 * * * I N T E R I O R Description HEAT PUMP LAUNDRY TUB LAVATORY CARPET ROOF CVR - CEDAR SHINGLE WINDOWS - WOOD WATER HEATER DISHWASHER HEAT PUMP SHOWER W /DOOR, FIBERGLASS C O M P O N E N T S Qty/ Area Description 378 WOOD STOVE 1 TOILET 5 KITCHEN SINK TILE FLOOR 1428 WINDOWS - SINGLE PANE FOUNDATION - CONCRETE 1 BATHTUB W /FIBRGL SHWR 1 ROOF - GABLE 1860 SOAKING TUB 1 DECK COVER - AVERAGE Qt y/ Ai ea 1 3 1 2 1 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * *** * * * *i * ** Card 2 of 8 R O O M S LR K DR FAM BD BATH OTH FP UTL Sq Ft: 1620 1st F1 1 1 1 3 2 1 Factor Book: 131 Year Built: 1976 * * * I N T E R I O R Description FORCED AIR HEATING TOILET DISHWASHER VINYL FLOOR ROOF - GABLE SIDING - T1 -11 /PLYWOOD WINDOWS - METAL KITCHEN SINK C O M P O N E N T S * * * Qty/ Area Description 1620 FOUNDATION - CONCRETE 2 WATER HEATER 1 DRYWALL CARPET WINDOWS - DOUBLE /THERMAL PANE LAVATORY BATHTUB W /FIBRGL SHWR 1 ROOF CVR - SHAKE MED. Qty/ Area 1 2 1 1E20 ,.fi„9„a„P.. +;,1 =111 nA -RfRf- 5701 -91 T)726T)RA942... 1 1 /24/2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 4 of 15 SHOWER W /DOOR, FIBERGLASS 1 * * * 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: 131 Year Built: 1976 Description PUMP HOUSE * * * Qty/ Qty/ Area Description Area 1620 DECK - AVERAGE 84 48 ************************************************ * * * * * * * * * * * * * * * * * * * * *** * * * *f * ** Card 3 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/ Qt y/ Description Area Description A'ea 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/ Q'!.y/ Description Area Description A:'ea GP SHED 190 ************************************************ * * * * * * * * * * * * * * * * * * * * *** * * * *r * ** 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/ Q :y/ Description Area Description A :ea LEAN -TO 280 ************************************************ * * * * * * * * * * * * * * * * * * * * *** * * * *k * ** 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 * * * t,++„•ii. =. =._, rip crlhntpc nra /inripv r•.fm9nhiertic1 =6SF1 1 10A- RDBD- 57C1- 91D726DBA942... 11/24/ ?009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 5 of 15 Qty/ Qty/ Description Area Description 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 Description GP BUILDING * * * Qty/ Qty/ Area Description Area 540 ************************************************* * * * * * * * * * * * * * * * * * * * *** * * * * * * *.* AT /Class Desc Adj Factor #1 Adj Factor #2 Adj Factcr#3 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 * * * 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 FOR ACCOUNTS IN FORECLOSURE, please call the tax office @ 388 -6540 for payoff information on foreclosure accounts) mjgIINNNWNINI ENIN I11 i, ���rPIIII�III @IIIItmIIIIIOtIq�All V IMl rn m {VIII II COM lama m(I �NIIIIUINNNNIIIImNWllll1111 ' 1,++,,. // 1A1T�1T l�PC!`1,77fPC me /inr-1Pv rfrn9nhientitl =65F1 110A -11DRD-57C1-91D726DBA942... 11/24/21)09 Deschutes County Government, Oregon - DIAL Search Results Standard Page 6 o r 15 This web site uses the FREE Adobe® Acrobat® Reader plug -In, r4TGet AaVin Aa If you do not have this plug -ln, click the icon to get it. abe :: aea 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, EXCEPT FOR ACCOUNTS IN FORECLOSURE, please call the tax office @ 388 -6540 for payoff information on foreclosure accounts) Enter a value future Date (mm /dd /yyyy): 11/24/2009 INmImIIMmmN1ImInInnlNmNi� 11lAl n^inN SWAM 002134 ditnll iii 3al ifilm mn� N�INIIINIIIIIIHHIVVNNIVVIgIIIIIIININ " " "' woomimmmommium r" This web site uses the FREE Adobe® Acrobat® ReaderTm plug -In. raja ` If you do not have this plug -in, click the icon to get it. Adobb Reader 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 Jrnl 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 Jrnl 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 Int /Disc 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 -48.67 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 httn. / /www riecrh„tec nr r /index.cfm ?ohiectid =65F111OA - BDBD- 57C1- 91D726DBA942... 11/24 2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 7 o'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 0.00 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 Jrnl 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# B84173 Map /TL • 141309 00 01400 ACCOUNT 127875 STATUS EXPIRED BUILDING CLASS RESIDENTIAL PERMIT CLASS NEW STRUCTURE TYPE PERMIT ZONING BUILDING USE REPLACING ROOF STRUCTURE TYPE WOOD FRAME ON SEWER? NOT LISTED SOLAR APPROVED? UNKNOWN PERMIT NAME • BOLKEN,HAROLD CONTRACTOR NAME • UNKNOWN SITE ADDRESS • 9721 HWY 97 N, TERREBONNE STORIES SQ FEET ktfrrnAxruro.7 ripinhiitpc nry /index r.fm2nhiectid= 65F111 OA- BDBD- 57C1- 91D726DBA942... 11/24/ 2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 8 oi° 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 04/23/93 SYS Comments Mass deleted per DH IF OLDER THAN 01/01/1990 AND NO RECENT COMMENTS Building Permit: 16873 on Account number: 127875 OLD BUILDING# • 76 -1154 Map /TL 141309 00 01400 ACCOUNT 127875 STATUS EXPIRED BUILDING CLASS RESIDENTIAL PERMIT CLASS • NEW STRUCTURE TYPE PERMIT ZONING EFUTE9LM BUILDING USE RES STRUCTURE TYPE N/A ON SEWER? NOT LISTED SEPTIC PERMIT NUMBER 19649 SOLAR APPROVED? UNKNOWN PERMIT NAME BOLKEN OLAF ETUX CONTRACTOR NAME OREGON MODULAR HOMES SITE ADDRESS 9721 N HWY 97, TERREBONNE 60 STORIES SQ FEET PERMIT VALUATION APPLICATION DATE 09/29/76 PERMIT ISSUE DATE 09/29/76 EXPIRED DATE 03/16/81 Inspection Initial 03/16/81 OLD 10/19/76 OLD Comments JOB CHECK - EVERY THING HAS BEEN DONE AND THE HOUSE LOOKS GOOD. 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 LM9EFUTE 3 BED /BATH WOOD FRAME NO 52078 EF htt„• / /www dPCrhntec nry /index_cfm ?ohiectid= 65F1110A- BDBD- 57C1- 91D726DBA942... 11/24/2( 09 Deschutes County Government, Oregon - DIAL Search Results Standard Page 9 01'15 RIGHT SETBACK IN FEET...: 639 LEFT SETBACK IN FEET • 1665 REAR SETBACK IN FEET ER SOLAR APPROVED? YES PERMIT NAME BOLKEN,OLAF ETUX CONTRACTOR NAME OWNER ARCHITECT • OWNER SITE ADDRESS • 9721 N HWY 97, TERREBONNE 60 STORIES • 2 SQ FEET 1512 BEDROOMS 3 PERMIT VALUATION 110,376 APPLICATION DATE 04/13/04 PERMIT ISSUE DATE • 05/21/04 FINAL DATE 10/07/04 Inspection Initial 10/07/04 SEF 07/23/04 SEF 07/14/04 SEF 06/11/04 SEF 06/04/04 SEF 04/13/04 MGR Comments *FINAL APPROVED* INSULATION APPROVED FRAMING APPROVED U/F FRAMING APPROVED FTG /STEMWALL APPROVED R3 1512 SQ FT X $ 73 = $ 110,376 Electrical Permit: 34200 on Account number: 127875 Map /TL ACCOUNT STATUS BUILDING CLASS PERMIT CLASS BUILDING USE SERVICE DESCRIPTION • 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 60 07/14/95 07/14/95 • 01/19/96 PERMIT NAME CONTRACTOR NAME SITE ADDRESS APPLICATION DATE PERMIT ISSUE DATE FINAL DATE Inspection Initial 01/19/96 JJD 07/17/95 RED Comments *FINAL APPROVED SERVICE OK CANT FINAL AS PUMP AND WHATEVER IS BEING 'ED FROM 200 AMP CIRCUIT NOT WIRED Electrical Permit: 73348 on Account number: 127875 Map /TL • 141309 00 01400 ACCOUNT 127875 STATUS FINAL BUILDING CLASS RESIDENTIAL PERMIT CLASS • REM httn• / /www rieschntes_nrr/ index_ cfm? obiectid= 65F111 OA- BDBD- 57C1- 91D726DBA942... 11/24/2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 10 of 15 BUILDING USE • BED /BATH ADD SERVICE DESCRIPTION 200 AMPS OR LESS /SERVICES /FEEDERS: INSTALLATION, : ALTERATION OR RELOCATION : FEEDER : FEEDER LINKED BUILDING PERMIT..: 54754 PERMIT NAME • BOLKEN,OLAF ETUX CONTRACTOR NAME DELTA ELECTRIC SERVICE LLC SITE ADDRESS 9721 N HWY 97, TERREBONNE 60 APPLICATION DATE • 04/13/04 PERMIT ISSUE DATE 05/21/04 FINAL DATE 10/11/04 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 MINIMUP CIRCUIT AMPACITY. #8 AWG NMB AMPACITY MAY NOT EXCEEI 40 AMPS. 2. UPDATE PERMIT WITH ONE #4 TO REFLECT FEEDER TO SUB- PANEL. Electrical Permit: 73349 on Account number: 127875 Map /TL • 141309 00 01400 ACCOUNT 127875 STATUS • FINAL BUILDING CLASS • RESIDENTIAL PERMIT CLASS NEW SERVICE BUILDING USE LIMITED REMODEL SERVICE DESCRIPTION LIMITED ELECTRICAL ENERGY - 1 & 2 FAMILY DWELLING : CONDITIONING SYSTEMS LINKED BUILDING PERMIT..: 54754 PERMIT NAME • BOLKEN,OLAF ETUX CONTRACTOR NAME OWNER SITE ADDRESS 9721 N HWY 97, TERREBONNE 60 APPLICATION DATE • 04/13/04 PERMIT ISSUE DATE 05/21/04 FINAL DATE 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 • 141309 00 01400 ACCOUNT 127875 STATUS • FINAL BUILDING CLASS • RESIDENTIAL PERMIT CLASS • NEW SERVICE DESCRIPTION ISSUANCE FEE httri.//www decri- mtes.nrQ/ index_ cfm? obiectid= 65F111OA- BDBD- 57C1- 91D726DBA942... 11/2, /2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 11 o'15 LINKED BUILDING PERMIT..: PERMIT NAME CONTRACTOR NAME SITE ADDRESS APPLICATION DATE PERMIT ISSUE DATE FINAL DATE • • • • Inspection Initial 10/07/04 SEF 07/14/04 SEF 06/11/04 SEF 54754 BOLKEN,OLAF ETUX QUALITY HEATING 9721 N HWY 97, TERREBONNE 60 04/13/04 05/21/04 10/07/04 Comments *FINAL APPROVED* ROUGH APPROVED U/F APPROVED Plumbing Permit: 24624 on Account number: 127875 Map /TL • 141309 00 01400 ACCOUNT 127875 STATUS • FINAL BUILDING CLASS • RESIDENTIAL PERMIT CLASS NEW SERVICE DESCRIPTION REMODEL /U1 ISSUANCE FEE LINKED BUILDING PERMIT..: 54754 PERMIT NAME • BOLKEN,OLAF ETUX CONTRACTOR NAME POWELL BUTTE PLUMBING LLC SITE ADDRESS 9721 N HWY 97, TERREBONNE 60 APPLICATION DATE 04/13/04 PERMIT ISSUE DATE • 05/21/04 FINAL DATE • 10/07/04 Inspection Initial 10/07/04 SEF 08/26/04 DJS 07/23/04 SEF 07/14/04 SEF 06/18/04 06/11/04 SEF SEF Comments *FINAL APPROVED* APPROVED SHOWER PAN /TILE TOP OUT APPROVED TOP OUT DENIED. RAT -PROOF TUB AND PROVIDE NAIL PLATES AT 3" WASTE SEWER LINE APPROVED U/F APPROVED Septic Permit: 19649 on Account number: 127875 OLD SEPTIC# • 761920 Map /TL 141309 00 01400 ACCOUNT 127875 STATUS EXPIRED BUILDING CLASS UNKNOWN PERMIT CLASS • NEW PERMIT ZONING httn• / /www.deschutes_nrg/ index. cfm? obiectid= 65F111OA- BDBD- 57C1- 91D726DBA942... 11/24 2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 12 of 15 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 Inspection Initial 06/03/04 SYS BOLKEN,OLAF • UNKNOWN • 9721 HWY 97 N, TERREBONNE • 08/30/76 08/30/77 Comments EXPIRED BY THE SYSTEM Septic Permit: 52078 on Account number: 127875 OLD SEPTIC# Map /TL • 141309 00 01400 ACCOUNT • 127875 STATUS • FINAL BUILDING CLASS RESIDENTIAL PERMIT CLASS ALTERATION PERMIT ZONING LMyEFUTE BUILDING USE • RESIDENCE WATER SOURCE • WELL SEPTIC PERMIT TYPE ALTERATION PERMIT - MAJOR System Type: S SPECIAL INSTRUCTIONS 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 kND : INSPECTION REQUIREMENTS. CALL ALL INSPECTIONS TC : 317 -3181. AN INITIAL 16" UNSETTLED, NON - COMPACTED : CAP IS REQUIRED. FEASIBILITY NUMBER 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 09/01/04 GDC Comments *FINAL SEPTIC INSP APPROVED httn•// www_ deschutes .nre /index.cfm ?obiectid =65F 1110A- BDBD- 57C1 -91 D726DBA942... 11/24 '2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 13 of 15 08/11/04 08/09/04 08/04/04 05/20/04 05/19/04 05/10/04 04/26/04 04/13/04 GDC GDC JKH LJP JKH JKH GDC JKH DF PRECOVER INSP APPROVED SEPTIC TANK WATER TEST, H -VALVE SWITCHING, SQUIRT TEST, ORIFICE SPACING & FLOW - THROUGH, CAP SAMPLE- -ALL APPROVED. NEEDS PRECOVER, PUMP TESTS, FINAL CAP INSPS. AS BUILT SUBMITTED /SCHEDULED FOR INSPECTION REVISED PLOT PLAN & PUMP CURVE SUBMITTED /CDDR /GDC OWNER UPGRADED TO ALTERATION PERMIT FEE PAID, EXCAVATOR WILL BRING IN ADDENDUM TO THE PLOT PLAN EXCAVATOR HAS THE CURTAIN DRAIN INSTALLED AND WILL BE READY TO HAVE YOU LOOK AT IT ON THURSDAY SEPTIC APP TROUBLE LETTER TO BE SENT. FWD. 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 PI]S HAVE BEEN DUG TO INSTALL A NEW SYSTEM FOR THIS ADDIT :0N. Septic Permit: 56230 on Account number: 127875 OLD SEPTIC# Map /TL 141309 00 01400 ACCOUNT 127875 STATUS • FINAL BUILDING CLASS RESIDENTIAL PERMIT CLASS REPAIR PERMIT ZONING LM"EFUTE BUILDING USE RES WATER SOURCE • W SEPTIC PERMIT TYPE • REPAIR PERMIT MINOR SPECIAL INSTRUCTIONS • 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 COMPELTED AS -BUILT FORM TO REQUEST : TANK PRECOVER INSPECTION. 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 1000 • REPAIR PERMIT MINOR Inspection Initial 06/12/06 GDC 06/09/06 LJP 06/08/06 LJP • • • • 3 BOLKEN,OLAF ETUX LARIAT CONSTRUCTION & DEVELOPMENT 9721 N HWY 97, TERREBONNE 60 06/08/06 06/09/06 06/12/06 Comments *FINAL SEPTIC INSP APPROVED AS BUILT SUBMITTED /CDDR GDC THIS IS FOR A TANK REPLACEMENT PER DOUG MUCK /LARIAT CONST 420 -2500 ** *Land use application: E0955 on Account number: 127875 * ** httnr// www. deschutes. org /index.cfm ?obiectid= 65F111OA- BDBD- 57C1- 91D726DBA942... 11/24 2009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 14 of 15 Map /TL • 141309 00 01400 ACCOUNT 127875 REQUEST • EXTENSION OF TP- 07- 1000 /MA -07 -13 DATE SUBMITTED • 10/16/09 DATE ACCEPTED • 10/19/09 STATUS • FINAL STATUS DATE 10/20/09 APPLICANT - OLAF BOLKEN SITE ADDRESS • 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 • ACCOUNT • REQUEST • DATE SUBMITTED • DATE ACCEPTED STATUS STATUS DATE HEARING OFFICER DECISION: HEARING DATE • BOARD OF COMM DECISION..: APPLICANT • SITE ADDRESS 141309 00 01400 127875 DECLARATORY RULING FOR VESTED RIGHT DETERMINATION FOP 12/18/07 12/21/07 FINAL 06/12/08 DENIED 05/30/08 DENIED OLAF BOLKEN 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 httn:// www.deschutes.org /index.cfm ?obj ectid =65F 1110A- BDBD -57C 1 -91 D726DBA942... 11/24/ Z009 Deschutes County Government, Oregon - DIAL Search Results Standard Page 15 of 15 REQUEST • 6 -LOT MEASURE 37 SUBDIVISION DATE SUBMITTED 06/26/07 DATE ACCEPTED 07/03/07 STATUS - FINAL STATUS DATE • 11/27/07 HEARING OFFICER DECISION: APPROVED HEARING DATE • 11/14/07 APPLICANT OLAF BOLKEN SITE ADDRESS 9721 N HWY 97,TE ** *Land use application: LM0449 on Account number: 127875 * ** Map /TL • 141309 00 01400 ACCOUNT 127875 REQUEST • LANDSCAPE MANAGEMENT SITE PLAN FOR REMODEL. DATE SUBMITTED • 03/10/04 DATE ACCEPTED 03/22/04 STATUS FINAL STATUS DATE 04/13/04 APPLICANT OLAF BOLKEN SITE ADDRESS 9721 N HWY 97,TE *********************************************** * * * * * * * * * * * * * * * * * * * * * * *** * * *v * ** * * * * * * * * * * * * * * * * * * * * ** Real Property Tax Lot Record * * * * * * * * * * * * * * * * * * *, * ** ************************************************ * * * * * * * * * * * * * * * * * * * * *** * * * *t * ** IInpINININNHIMNNHINNNINNNNIjt� TWIN NIII.uV(IINGj"n �9P�Ipill@II�IIIINIM�II III IA I ml II m�rtl�niMT�,h 4 It an mr II' ItIINWNIgINIHNII"'' 1111 tml �puuonnlll'" "w This web site uses the FREE Adobe Acrobat® Reader'"' plug -in. AC If you do not have this plug -in, click the icon to get it. � ' Adobe CO Redder 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. http: / /www.deschutes.orsJ /index.c $ n ?obiectid =65F111OA - BDBD- 57C1- 91D726DBA942... 11/2, /2009