HomeMy WebLinkAboutOrder 036 - Measure 37 Claim - DunhamDeschutes 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 April 21, 2008
Use "tab" to move between fields, and use as much space as necessary within each field. Do not leave anvjie:'ds
incomplete. Agenda requests & backup must be submitted to the Board Secretary no later than noon of the
Wednesday prior to the meeting to be included on the agenda.
DATE: 4/11/08
TO: Deschutes County Board of Commissioners
FROM: Kevin Harrison; CDD; 385-1401
TITLE OF AGENDA ITEM:
Consideration of claim for compensation under Measure 37 (DCC Chapter 14.10) and signature of
Order.
HEARING?: Yes
BACKGROUND AND POLICY IMPLICATIONS:
Claims to be considered are: (1) M37-07-171 (Hingley ), Order No. 2008-035; (2) M37-07-172
(Dunham), Order No. 2008-036; (3)M37-070173 (Kulin), Order No. 2008-037.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Decision on the three claims.
ATTENDANCE: Tom Anderson/Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Orders and staff reports to be recorded with County Clerk. Copies to be sent to Legal Counsel, CDD,
DLCD (Cora Parker, Deputy Director; DLCD; 635 Capitol Street, NE, Suite 150; Salem, OR 9730 ( -
2524); Claimants.
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying a Waiver of Land Use
Regulations pursuant to Ballot Measure 37 -
Dunham
*
ORDER NO. 2008-036
WHEREAS, On November 2, 2004, the voters of the State of Oregon approved Ballot Measure 37
which added provisions to Oregon Revised Statutes (ORS) Chapter 197 to require, under certain circumstances,
payment of just compensation to landowners if a government land use regulation reduces property value. In lieu
of just compensation, Ballot Measure 37 authorizes the governing body of a local government to modify,
remove or not apply the land use regulation, and
WHEREAS, William and Mary Lou Dunham made a demand for compensation under Measure 37 for a
reduction in value to its property at 55540 Lazy River Drive, Bend, Oregon due to regulations which they claim
took effect after they acquired this property, and
WHEREAS, Section 8 of Measure 37 authorizes the Board, as the governing body responsible 1'or
adoption and enforcement of County regulations, to not apply one or more identified land use regulations that
restrict the owner's use and reduces the value of the property in lieu of payment of compensation; and
WHEREAS, the Board has received the report and recommendation of the County Administrator as
required by DCC 14.10.090; and
WHEREAS, the Board has considered the Administrator's report and the evidence presented by the
parties at a Board meeting as required by DCC 14.10.090; and
WHEREAS, the Board makes the following findings of facts and conclusions;
1. On April 27, 2007, William and Mary Lou Dunham filed a Measure 37 claim with the
Community Development Department.
2. The property is located at 55540 Lazy River Drive, Bend, Oregon and is within Deschutes
County.
3. The County Administrator has recommended against waiver of county regulations for the
subject property. The Administrator's report is attached and incorporated by reference into this
Order as Exhibit "A."
4. The Board concurs with the Administrator's report that William and Mary Lou Dunham are the
present owners of the subject property, having acquired an interest in it and continuously owned
it since April 30, 1968. The County finds and concludes as set forth below.
5. The Board concurs with the Administrator's report that current regulations of sanitary sewer
service, if applied to the subject property, would not permit a septic permit on the subject
property. Such regulations were adopted by the State.
PAGE 1 OF 2- ORDER No. 2008-036 (04/21/08)
6. Measure 37 exempts regulations for the protection of health and safety, specifically sanitation
and solid waste regulations.
7. Measure 37 also requires that a claim be submitted within two years of its adoption and this
claim was filed later than two years.
8. The Board concurs with the Administrator's report that there is no evidence which demonstrates
that County's regulations for a land use permit adopted after Claimant's acquisition date have
reduced the value of the subject property, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board hereby determines, based on these findings, conclusions, and the Administrator's
report in Exhibit "A," that the claim is not eligible under DCC 14.10.100.
Section 2. A STATE OF OREGON MEASURE 37 WAIVER WOULD BE REQUIRED FOR THE
DEVELOPMENT OR USE OF THE SUBJECT PROPERTY. ALTHOUGH THE COUNTY WILL ACCEPT
AND PROCESS SUBSEQUENT LAND USE APPLICATIONS ASSOCIATED WITH THE SUBJECT
PROPERTY, APPROVAL MAY NOT BE GRANTED WITHOUT A VALID WAIVER FROM THE STATE;
PERTAINING TO STATE REGULATIONS WHICH WOULD OTHERWISE PRECLUDE THE PROPOSED
LAND USE. THIS WAIVER APPLIES ONLY TO THE LOCAL REGULATIONS SPECIFIED ABOVE.
DESCHUTES COUNTY LACKS THE AUTHORITY TO WAIVE ANY STATE REGULATIONS OR LAWS.
STATE LAWS AND REGULATIONS MAY APPLY TO THE USE OF THE PROPERTY DESCRIBED
HEREIN, AND A WAIVER OF SUCH LAWS AND REGULATIONS MUST BE SEPARATELY
OBTAINED BY THE OWNERS FROM THE STATE OF OREGON.
DATED this day of April, 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ATTEST: TAMMY BANEY MELTON, VICE CHAIR
Recording Secretary MICHAEL M. DALY, COMMISSIONER
PAGE 2 OF 2- ORDER No. 2008-036 (04/21/08)
Deschutes County Department of Administrative Services
1300 NW Wall St., Ste. 200, Bend, OR 97701-1947
(541) 388-6570 Fax (541) 385-3202 - www.deschutes.orq
TO: Board of County Commissioners
From: David Kanner, County Administrator
RE: Measure 37 Claim — William and Mary Lou Dunham (Claimants)
64496 E. Brightwood Loop, Brightwood, OR
DATE: April 21, 2008
Introduction
The County processed the initial Measure 37 claims using its brief claim form, evaluating the submission,
and preparing this report and recommendation under DCC 14.10, the Measure 37 ordinance. The
County's claims process recognizes that less precise evidence of value may be sufficient to evaluate
claims, since there are currently no County funds available for payment of compensation. Also, the
ordinance provides further opportunities for affected neighbors to present evidence and testimony at the
Board meeting when these claims are considered.
This report and recommendation is intended to be a summary and evaluation of evidence in the record.
The report may be attached to the Board's Order which decides Measure 37 claims, as a factual basis for
the Order. Any factual changes or additions to this report from testimony or other evidence can be made
part of the Board's Order. Claimant and affected parties have the opportunity to rebut this Report and
provide additional relevant evidence to the Board. Also, under the County's process, claimant must
provide evidence that the desired use of the property, which may be allowed by a waiver of County
regulations is feasible, i.e., not prevented by physical, utility or other development limitations of the site.
Report and Recommendation — DCC 14.10.090
This is my report and recommendation on this Measure 37 claim received on April 27, 2007, when
Measure 37 was in lawful effect. While Claimants' documents are dated November 13, 2006, the claim
was not received by the county until April 27, 2007. Claimant has not paid the filing fee but has submitted
the County's official demand form. The property consists of one lot with approximately 4 acres in one tax
lot. The current zoning is Flood Plain (FP), Landscape Management (LM), Rural Residential (RR -10) and
Page 1 of 5 — Exhibit A - Order No. 2008-036
Wildlife Area (WA). The Claimant's desired use is to obtain approval for a septic system to serve a
residence, currently restricted by DEQ regulations over potential ground water contamination. Claimant
alleges a reduction in value of approximately $150,00 to $200,000 due to the inability to develop a
residential use as desired. The following is an analysis of the evidence in the record on the elements of
this Measure 37 claim.
Current Owner — Claimants assert on the claim form that they are owners of the property comprising this
claim: 20-11-30A, Tax lot 1400 located at 55540 Lazy River Drive, Bend. Claimants submitted a copy of
a land sales contract, dated April 30, 1968, showing claimants and William and Nancy Stoffal as
purchasers. The two couples obtained title to the property by warranty deed in 1977. In 2002 claimants
conveyed an interest in the property to Thomas and Jamie Grandy, who are not included as claimants in
this proceeding. The record does not disclose at what point, if at all, the interest of the Stoffal's was
terminated.
Owner Date of Acquisition — April 30, 1968
The date of acquisition by the current owner is the relevant date for Board consideration of waivers under
section (8) of Measure 37. The compensation section of Measure 37, section (6), uses the acquisition
date of a family member to determine the extent of reduction in value for compensation. Since the County
has no funds budgeted for payment of compensation, waivers that are issued by the County are limited
by section (8) of Measure 37 to County land use regulations that were adopted after the later acquisition
date of the current owner. If a waiver is granted as to County land use regulations which were adopted
after the current owner's acquisition date, no compensation is due, even if the prior family member held
the property for many years. While this may seem inconsistent, the measure was, evidently, written to
encourage waivers of local and state land use regulations. The first date for which there is documentation
showing claimant obtained an interest in the property is April 30, 1968. The interest of Thomas and
Jamie Grandy did not arise until 2002, and the application does not indicate that they either approved or
have joined in this application.
Restrictive Regulation — Zoning Regulations.
Under the terms of the ordinance, the claimant must identify County land use regulations that prevent the
claimant from using the property in a way that it otherwise could have used the property at the time the
property was acquired, and thus reduce the value of the claimants' property. The Claimants have
Page 2 of 5 — Exhibit A - Order No. 2008-036
identified only provisions of the DEQ regulations which claimants allege have reduced the value of their
property by prohibiting their ability to site a residence on the property. Claimants assert that rules
adopted by the Oregon DEQ, together with the county's application of same (to require particular sewer
system improvements rather than typical sand filter system) have reduced the value of the property by
rendering it unsuitable for residential use. There is no evidence that claimants have applied for a variance
from application of this rule. Claimants did obtain a determination from the county in July 2006 that a
standard septic system for a residential use would not be allowed, based upon DEQ requirements.
Claimants did not pursue further appeal or variance application. Claimants have not applied for land use
approval .
Enforcement of County Regulation - futile DCC 14.10.040(G).
Measure 37 requires that an ordinance which restricts the current owner's use be "enforced" against
them. Claimant has not applied for a building permit resulting in the current county land use regulations
being enforced on the subject property. Claimant has asserted that submitting an application for such a
permit would be futile. This Report confirms that such an application for the desired residence using a
standard sand filter septic system would violate the current DEQ requirements and be denied.
Measure 37 also requires that a claim for compensation be filed within two years of December 2, 2004 or
the date the public entity applies the land use regulation as an approval criteria to an application
submitted by the owner. (ORS 193.352(5)) In this case claimant has submitted the claim later than two
years after December 2, 2004. Claimants might attempt to rely as justification for such late filing the
county's response to their application for septic site evaluation. Claimants have offered no other
justification for filing their Measure 37 more than two years after its adoption. The DEQ rule on which the
county's response is based is not a land use regulation, but one designed to protect health and safety or
the regulation of sanitation under ORS 197.352(3)(B). Thus, claimant's application under Measure 37 is
time barred.
Reduction in Value - $$150,000 to $200,000 alleged on Claim Form
The ordinance requires that the Claimant provides evidence of the amount of the claim in alleged
reduction in the fair market value of the property resulting from the enforcement of the County's land use
regulation.
Page 3 of 5 — Exhibit A - Order No. 2008-036
• Claimant has not submitted an appraisal, or opinions from real estate professionals in an attempt
to show the diminution in value based upon limitations on development of the property.
• Claimant's alleged reduction in value appears to be based upon the assumption that a buildable
lot would be fully marketable and useable by others for development. Referring to a recent
Opinion of the Oregon Attorney General, rights obtained under Measure 37 are personal to the
present property owner. Assuming an owner, having obtained the necessary "waivers" from the
County and the State, could develop the property, future owners would, according to the Attorney
General, be precluded from using the property in a manner inconsistent with land use regulations
in effect at the time of the transfer. Thus, the amount of reduction in value asserted by the
Claimant may be unreliable, if the resulting Tots are unusable by future owners, based on it having
to comply with zoning regulations in place when such future owners acquire the property. If a
claimant could have obtained approval of a residential permit on the date it first acquired an
interest in the property, but not under zoning restrictions adopted after Claimant's acquisition
date, and the resulting lots are fully marketable and useable by future owners, then the value of
Claimant's property for Measure 37 purposes would be reduced. Consistent with the County's
procedural ordinance, Chapter 14.10, this report takes no position on whether a waiver obtained
by a claimant and any resulting development approval are fully transferable with the property.
• Claimant's opinion on the reduction in value is based upon a real estate listing agreement dated
1991 in which La Pine Realty agreed to list the property for $20,000. Claimant refers to, but has
not furnished similar listing agreements from prior years. Claimants purchased the property in
1968 for $4,600. According to the County's Department of Assessment and Taxation, the real
market value of the property is $133,600. In 2002 the Grandy's purchased a 1/2 interest in the
property for $1500. There is no indication of how the property's value would be or has been
affected by application of nonexempt county land use regulations. There is no evidence to
indicate that county land use regulations have had the effect of reducing the value of claimants'
property by any amount, much less $150,000 to $200,000.
Effect of County Waiver — Measure 37 clearly allows the County to waive its non exempt land use
regulations only back to the date the current owners, not family members, acquired the property:
"(8) Notwithstanding any other state statute or the availability of funds under
subsection (10) of this act, in lieu of payment of just compensation under this act,
the governing body responsible for enacting the land use regulation may modify,
remove, or not to apply the land use regulation or land use regulations to allow
the property owner to use the property for a use permitted at the time the owner
acquired the property." (emphasis added)
11(c) "Owner" is the present owner of the property, or any interest therein."
In this case, claimant has continuously, though not exclusively owned an interest in the property since
1968. A claimant who receives a waiver must use the current process to seek the needed permits based
on the zoning in place at the time the current owner acquired the property. Except in a rare case, the
current procedural requirements for handling permits are not regulations that reduce value. Therefore, the
County's procedural regulations are not waived.
Page 4 of 5 — Exhibit A - Order No. 2008-036
Effect of Adoption of Measure 49
On November 6, 2007 the Oregon electorate approved a measure referred by the Oregon Legislature
commonly known as Ballot Measure 49 (HB 3540), which had the effect of substantially amending the
provisions of Measure 37. It would appear that since claimants submitted this claim under Measure 37
prior to close of the 2007 legislative session that they may be entitled to submit a claim under Measure 49
and obtain approval for up to three residential homesites. Such a claim would be submitted to the State
Department of Land Conservation and Development.
Conclusion and Recommendation
The present owners of the property have submitted a claim pursuant to Measure 37 which fails to
demonstrate eligibility for use of the subject property based on nonexempt land use regulations in effect
on April 30, 1968, the date when Claimants first acquired an interest in the property. The claim was filed
after the 2 -year statute of limitations contained in ORS 197.352(5) and fails to demonstrate that
nonexempt county and state land use regulations (in the two years preceeding the filing) have been
applied to reduce the value of claimant's property. The restrictive regulation which Claimants assert has
reduced the value of their property is not a county regulation and appears to be an exempt health and
safety regulation or a sanitation regulation under ORS 197.352.(3)(B). Evidence of reduction of value has
not established that it has occurred or, if it has, that it is the result of one or more county land use
regulations. Further, because of adoption of Measure 49, claimant no longer has the opportunity to
pursue a claim under Measure 37.
My recommendation is that the Board deny the claim in the form of Order attached.
Page 5 of 5 — Exhibit A - Order No. 2008-036
ity Development Department
Planning Division Building Safety Division Environmental Health Division
A'' 2 7 2007 117 NW Lafayette Avenue Send Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
DELIVERED b':
Demand for Compensation — Measure 37 Claim
PROP RTY OWNER INFORMATION (Please type or print firmly in dark ink)
ViSgli % -// 4 Ia t DaAln//4 /�
Name of Property Owner Name of Representative If Any)
M. ing Addros
l/ �• e 7L00d (.1a if, 770/i
City, State, Zip
o3 caa-733-3
Mailing Address
City, State, Zip
Phone Fax Phone Fax
PRIVATE REAL PROPERTY DESCRIPTION
Assessor's Map and Tax Lot Number 0 `% 3 0 fa
Street Address: -3 5-7f" 6 4 /7 27 %f l U ' 9e/" , r • / e, 7
ZONING DESIGNATION WHEN ACQUIRED: R
CURRENT ZONING DESIGNATION: n L.4- 4)/9_ P -P
DATE CLAIMANT ACQUIRED PROPERTY: /if 3" /7C 4" (include deed, contract, or
other conveyance). /D
DATE CLAIMANT'S RELATIVE ACQUIRED PROPERTY, IF APPLICABLE: /r',/�/
(include title report; chain of title letter; lot book report; Assessor's tax lot card).
AMOUNT OF CLAIM: $ 09o1-0 A oa' °6761 A statement of the amount of the claim in dollars
based on the alleged reduction in the fair market value of the property resulting from the enforcement of
the County's regulation
Signature of Claimant (Pro erty Owner(s):
41% , SCANNED
DISCLAIMER NOTICE:
MAY -707
/7 -;-
Approval of compensation or modification, removal or non -application of land use regulation does not warrant or otherwise
guarantee that the present property bwner or any successors interest can legally use the subject property for the purpose, or i' i
the manner, approved by, the County as such use or purpose may impact third parties, including rights established by
Covenants, Conditions and Restrictions (CC&Rs), other private restrictions, or other regulations, restrictions or contracts.
Quality: Services Performed with Pride
Department of Administrative Services
Risk Management - State Services Division
1225 Ferry St. SE U160, Salem, Oregon 97301-4292
Web Site: httb://www.oreoon.00v/DAS/Risk/M37.shtml Phone: 503-378-5513
INSTRUCTIONS FOR SUBMITTING A CLAIM
This form identifies the information that is required for the State of Oregon to act on a claim made under
ORS 197.352 (2004 Oregon Ballot Measure 37). Please complete each box of the claim form, and attach
any additional information or evidence that you want to support the claim. Attached documents may not be
used to complete sections 1 or 2, or any section that requires a signature.
• Claims may only be submitted by an Owner or an Authorized Agent of the Owner.
• Claims may only be submitted: in person, by private carrier, by U.S. Postal Service Certified, or by
Registered Mail to:
Risk Management -State Services Division, 1225 Ferry St. SE, U160, Salem OR 97301 - 4292
• Only Original Signed Claims will be accepted, claims submitted electronically or by facsimile,
will not be accepted.
• If you need more space, attach separate sheets of paper as needed, with reference to the appropriate
Section number on this form.
• Claim criteria/requirements may be found in Oregon Administrative Rules 125-145-0010 to 0120
Section 1
NAME AND CONTACT INFORMATION OF ALL CLAIMANTS/PROPERTY OWNERS
Enter the name and contact information of each person that this claim is submitted for. Please note, the claimant(s)
must own an interest in the property. If the present owner of the property is a business entity (such as a
corporation), the claim should be made by an appropriate authorized person on behalf of that entity. It the property
has been placed in a trust, the claim should be made by a trustee of the trust.
Name of Claimant #1: William T. and Mary Lou
Dunham
Address: 64496 E. Brightwood Ln.
Day Time Phone #: 503-622-3353
City: Brightwood
State: OR
Zip: 97011
To file a claim for a particular property, you must own an interest in that property. Please describe what your ownership
interest in the property is (e.g., fee title, contract purchaser, lessee, life estate holder, etc.).
Owner since 1968, free and clear
Name of Claimant #2:
Day Time Phone #:
Address:
City:
State:
Zip:
To file a claim for a particular property, you must own an interest in that property. Please describe what your owners°iip
interest in the property is (e.g., fee title, contract purchaser, lessee, life estate holder, etc.).
rnrm• MR7 1 n-Q_r1R
Pana 1 of 17
Other Information. If your property is located within a subdivision or partition, please provide a
copy of any recorded conditions relating to that subdivision or partition). Attachment: Yes X
No❑
Lazy River West
Section 4 EVIDENCE OF OWNERSHIP
Include evidence or information documenting that the daimant(s) owns an interest in each lot or parcel the claim is
for, when the claimant(s) acquired that interest, and that the claimant(s) have continued to own an interest since
that date. The information required by this section may be provided in the form of a preliminary title report, if you
also include a copy of the deed or other document conveying an interest in the lot or parcel to the daimant(s), along
with copies of the exceptions listed in the title report, and a statement that the claimant has owned the property
continuously.
The following is attached
as proof that the
claimant owns an
interest in each lot or
parcel:
(provide for each claimant, and
each lot or parcel, and list all
attachments)
At a minimum, you must
include a copy of the
document conveying an
interest in the lot or
parcel to the present
owner(s) of each
property. Normally, this
will be a deed.
List any attached documents:
1. From Bend Title Co. (dated June 21, 1977)
Recorded warranty deed
Title insurance policy
Contract of sale
2. 2006 Real Property Tax Statement
3. Copy of page from original payment booklet with Prineville Water
Co.
4. Various platt, assessor, and Des. Co. website maps
5. Lazy River subdivision covenants (June 24th, 1966)
6. Site evaluation report #F-22952 dated July 14th, 2006
7. 1985, 88, & 1990 Real Estate Employment contracts (proof of
attempts to sell)
Is the property in a
Trust?
If yes, please provide
the date of the trust.
If yes, is the trust
Revocable or
Irrevocable?
If yes, are you filing on
behalf of the Trust, as
an Individual, or both?
If yes, please attach a
certificate of trust
indicating who the
current trustees of the
trust are.
0 Yes
X No
Date Property Placed in Trust:
❑ Revocable 0 Irrevocable
❑ Trust 0 Individual 0 Both
Fnrm. n_q_nR
Pana 4 of 17
❑ Yes X No
Is the Property owned
by a Corporation, by a
Partnership, by a
Limited Liability
Company, or by a
Limited Liability
Partnership?
If yes, please provide
the name of the
business entity that
owns the property and
the date on which the
business entity acquired
the property.
Section 5
Name of business entity: Not Applicable
INTENDED USE OF PROPERTY
What is your desired use of the property that is restricted by one or more state land use regulations? Please
provide as much detail as possible concerning the desired use, as your claim will be evaluated based on this
information. You must identify your desired use so that we are able to: (1) determine whether that use has been
restricted by one or more state land use regulations and if so, which ones; (2) determine whether state land use
regulations have had the effect of reducing the value of the property; (3) state clearly what state land use
regulations will "not apply" to your use of your property (if the state elects not to pay compensation); and (4) provide
adequate notice to those entitled to notice. At the very least you need to identify the type of use and give us some
idea of the intensity of the use. Some typical examples of the of what other claimants have said are: (a) to divide
the property into five lots, and to establish a residence on each lot; (b) to build a single-family home on the property;
(c) to develop a golf course on ten acres of the property along with a clubhouse. The more general you are in your
description, the less likely it is that we are to determine that particular state land use regulations restrict your use.
The more specific you are, the less likely it is that you will have to file additional claims. If you have already filed a
claim with a city or a county, and the use you want the state to consider is the same as for your local claim, then
please tell us that. If you do not tell us what your desired use is, we will assume that you wish to establish
one additional dwelling on your property, and we will process your claim on that basis.
Attach narrative statement, proposed plan, or other documentation of desired use, as you think necessary 0
The desired use for the property is a single-family residence (house). Only the westem portion of the
property outside of the mapped. designated floodplain is proposed for this use. The eastern portion of the
property within the designated floodplain is not proposed for a home site at this time.
The intent is to get approval for an accepted, alternative septic system for the westem portion of the lot so
that the entire parcel can potentially be sold at market value as a buildable home site. Sale of the prope
at the value of comparable buidlable lots is intended to support the current, long-time owners in their
retirement. Deschutes County currently designates the property as unsuitable for a sand filter septic
system. According to site evaluation report #F-22952 dated July 14t, 2006; the property is not suitable for a
"single family dwelling". As owners of the property since 1968. before laws pertaining to sand filter and
Firm- MR7 1 n-A-nR Pana r, of 19
variance requirements were enacted (that apply to the subject parcel), the owner wishes Deschutes County
to recognize the property as suitable for a single-family dwelling on the western portion of the lot upon
approval of an acceptable, alternative septic system. As owners, we do not feel that we should be subject
to OAR 340-071 (enacted in 1981) pertaining to application and acceptance of variance. We believe that
Deschutes County and DEQ should assist in determining an acceptable alternative septic system rather
than limiting our options, serving solely as regulators and preventing sale of the property at real market
values. Other variance requests for Tots in the same general area exhibiting similar conditions have been
approved, and at times assisted by public agencies, such as the LaPine Demo project for example. Several
adjacent Tots currently have single-family dwellings.
Section 6
State Laws that Restrict Your Desired Use of the
Property
Identify the state Land Use Regulations that the Claim is based on, and describe how each restricts the desired use
of the Property you described in Section 5. If you believe that state land use regulations, other than those
enforced by the Department of Land Conservation and Development (DLCD or LCDC) restrict your desired use.
then you must specifically identify those land use regulations and describe how they restrict your desired use.
Attach additional narrative if you need more space.
Law or Rule:
OAR 340-071
Describe how this State land use regulation restricts your
desired use of the Property:
Has prevented the sale of the property as suitable for a sing e -
family dwelling, thereby diminishing its fair market value.
Attachment if Applicable ■
Law or Rule:
Describe how this State land use regulation restricts your
desired use of the Property:
Attachment if Applicable •
Law or Rule:
Describe how this State land use regulation restricts your
desired use of the Property:
Form. MR7 1 n -A -ns
PanaAnf17
Fnrm
Attachment if Applicable ■
Law or Rule:
Describe how this State land use regulation restricts your
desired use of the Property:
Attachment if Applicable ■
Law or Rule:
Describe how this State land use regulation restricts your
desired use of the Property:
Attachment if Applicable ■
rut -47 1 n -4-f :
Pana 7 of 17
Section 7
Effect on Fair Market Value of the Property
By what amount has the enactment or enforcement of each state land use regulation identified in section 6, above,
reduced the fair market value of the property? Describe what the basis of your statement is, and attach evidence or
provide information to support your statement.
Law or Rule:
OAR 340-071
Amount of Reduction
in Fair Market Value:
$150,000 to
$200,000
Basis of Statement:
Comparisons between 1985, 1988, and 1990 real estate
employment contracts, 2006 tax assessment, and real market
values of undeveloped, buildable, comparable lots advertised in
the area.
¢ ,y
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a
F
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3`3,vG ,v
Law or Rule:
Amount of Reduction
in Fair Market Value:
Basis of Statement:
Law or Rule:
Amount of Reduction
in Fair Market Value:
Fnrm- M.7 1(1 -Q -CS
Basis of Statement:
PanaRnf17
Law or Rule:
Amount of Reduction
in Fair Market Value:
Basis of Statement:
Law or Rule:
Amount of Reduction
in Fair Market Value:
Section 8
Basis of Statement:
NAMES AND CONTACT INFORMATION OF OTHERS WITH INTEREST IN THIS PROPERTY
Enter the name and contact information of other persons or entities that own an interest in the Property, or attach a
preliminary title report. Other ownership interests that should be listed include but are not limited to:
(a) Every lessee and lessor of the Property;
(b) Every person or entity holding a lien against, or a security interest in, the Property;
(c) Every person or entity holding a future, contingent, or other interest of any kind in the Property.
This could be other owners, persons holding an easement over your property, banks, mortgage companies, state or
federal agencies or entities, programs specific to the use of the property and any and all others with any interesr, in
the property. Some examples could be; a USDA program providing funds for an owner not to grow a particular
crop on the land, banks with second, third or other mortgage interest. If using an attachment, the attachment must
be submitted in such a format as to easily distinguish the various owners and interest in the property.
Name:
Day Time Phone #:
Address:
City:
State:
Zip:
Describe Interest in Property:
Name:
Day Time Phone #:
Address:
City:
State:
Zip:
Describe Interest in Property:
Fnrm• M7 1 n-4-nR
Pana q of 17
Name:
Day Time Phone #:
Address:
City:
State:
Zip:
Describe Interest in Property:
Name:
Day Time Phone #:
Address:
City:
State:
Zip:
Describe Interest in Property:
Name:
Day Time Phone #:
Address:
City:
State: Zip:
Describe Interest in Property:
Name:
Day Time Phone #:
Address:
City:
State: Zip:
Describe Interest in Property:
Section 9
AUTHORITY TO ENTER PROPERTY
This section of the form authorizes the Department, the Regulating Entity and their officers, employees, agents, and
contractors to enter the Property as necessary to verify information, appraise the property, or conduct other
business related to this claim. Each person that can restrict access to the property must sign in the appropriate box
in this section.
UWe Affix Our Signature(s) to this Form Granting Access to the Subject Property in
ANY Manner or Form Deemed Appropriate by State Agency or Agencies for the
Review of the Property in Furtherance of the Processing or Handling of this Claim:
SIGNATURES OF ALL OWNERS WITH AUTHORITY TO RESTRICT Ac ESS
Printed Name: William T. Dunham
Signatur
I./.
7";
Interest in Property owner, free and clear
Printed Name: Mary Lou Dunham
Signature:
49 -f,,,A4-Kv,_}
Interest in Property owner, free and clear
(�
Printed Name:
Signature:
Interest in Property.
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Pana 1n of 19
Printed Name:
Signature:
Interest in Property:
Printed Name:
Signature:
Interest in Property
Section 10
ATTACHMENTS
Check the appropriate box for all documents, evidence and supporting information that is attached and included E s
a part of this claim.
Title Report:
Deed:
Appraisal(s)
County Assessor's Plat Card:
Yes X No ■
Yes X No ■
Yes ■ No X
Yes X No ■
Affidavits:
Tax Lot Map(s)
Subdivision
Partition
Conditions:
Yes
or
Tax Reductions:
Yes ■ No X
Yes X No ■
Yes ■ No X
X No ■
Property Tax Statement
(proof of ownership):
YesX No ■
Participating Federal
Programs: Yes ■ No
X
X Other Information: (Explain)
Real estate employment contacts
X Other Information: (Explain)
Site evaluation
X Other Information: (Explain)
Copy of page of payment booklet
Section 11
OTHER CLAIMS FILED
List all other govemmental entities you or someone on your behalf has submitted claims to regarding the Property
involved in this claim. List all claims submitted to the state or other entities relating to this property or any portion
thereof on anyone's behalf. You must list all entities even if you only submitted a claim to them for a portion of the
Property that is the subject of this claim.
Have you submitted a claim to another governmental entity regarding the property listed in this claim?
No X
Yes ■ Date:
To Whom:
Claim number:
Yes ■ Date:
To Whom:
Claim number:
Yes 0 Date:
To Whom:
Claim number:
Yes ■ Date:
To Whom:
Claim number:
ADDITIONAL INFORMATION THAT MAY BE SUBMITTED IN SUPPORT OF THIS CLAIM
1. A report by a certified appraiser that addresses the Reduction in Fair Market Value of the Property resulting from the
enactment or enforcement of the cited Land Use Regulation(s) as of the date the Claim was filed;
2. A statement of the effect of the cited Land Use Regulation(s) on any Owner's tax status, including without limitation any tax
deferrals or tax reductions related to the cited Land Use Regulation(s);
3. Citation to each Land Use Regulation(s)in effect at the time the owner acquired the property explaining how the use that is
now not permitted by the Land Use Regulation(s) set forth in Oregon Administrative Rules (OAR) 125-145-0040(9) was
permitted at the time the owner acquired the property;
4. Names and addresses of Owners of all real property located within 100 feet of the Property if the Property is located in wh 31e
or in part in an urban growth boundary, 250 feet of the Property if the Property is located outside and urban growth boundary
and not within a farm or forest zone and 750 feet of the Property if the Property is located in a farm or forest zone.
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I ATTEST THAT I HAVE THE INFORMATION CONTAINED IN THIS CLAIM IS TRUE AND
CORRECT. (Signatures of the claimant(s) and (if the claim is prepared by an agent) any agert
of the claimant(s).)
/; , //i J3/ O
Claimant Signature Date
Chi) // / / / 6
Date
Claimani Signature
Claimant Signature Date
Claimant Signature Date
Agent Signature Date
Agent Signature Date
State of Oregon
County of C-\vngs
Signed and sworn to before me on N c,7 , 200 ro by \,,r \Nc,,,.^
(month - day - year) m ar,t1.-c.v n
ti
(Notary Public — State of Oregon)
My commission expires: 0 V f"'t (01
Y Y Notary Seal Y V
OFFICIAL SEAL.
SANDRA HOSKINS
NOTARY PUBLIC -OREGON
COMM SSK)N NO.368074
MY COMMISSiCO3-, FaMES 21,2047
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