Tumalo Acreage ~ 2 Homes & Shop 19245 Innes Market Road Bend, OR 97703
Farm & Ranch D I V I SIO N
650 SW Bond St, Ste 100 Bend OR 97702
PAM MAYO-PHILLIPS & BROOK HAVENS PRINCIPAL BROKERS 541.480.1513 | 541.604.0788 pam.mayo-phillips@sothebysrealty.com brook.havens@sothebysrealty.com www.desertvalleygroup.com
All Brokers are licensed in the Sate of Oregon. Each office is independently owned & operated. All information is deemed reliable, but not guaranteed by Cascade Sotheby’s International Realty. Purchaser shall have sole responsibility to inspect the property and inform themselves of the true condition thereof. Purchaser accepts the responsibility before submitting any offer or executing contract. Any grazing permits /leases/water rights are NOT Guaranteed by Seller or Cascade Sotheby’s International Realty, Buyer is responsible for due diligence.
Tumalo Homes on Acreage Address: 19245 Innes Market Road Bend, OR 97703 Tax Map: 161112 01000 Property: • 6.78 acres • Pastures fenced with post, top rail and no-climb fence. • 2.7 acres of irrigation with K-line system. • Borders Public land and miles of trails for riding or recreational activities. Improvements: • Main Home is 2589 sf 4 bedrooms, 3 bathrooms. Built in 1972, recently remodeled and updated including roof, septic, kitchen, added master suite, gym, hot tub off of master suite • Wood Stove in Living Room, Mini Split -A/C, Forced Air Furnace • Wonderful Outdoor Living with Decks, Patio and Fenced in backyard, Fire Pit, Raised Bed Garden and a parklike setting. • 2 car garage • Shop with Office and Storage • Legal second dwelling is an “IdeaBox” 917 sf, 2 bedroom, 2 bathroom , single level with separate entrance from Innes Market to maintain privacy. www.ideabox.us/#home Home can be rented for additional income or can be used for family member. Beds are excluded from the sale of this dwelling. • Livestock Pastures with Shelters, Corral • Trailer Parking Area Irrigation: Tumalo Irrigation District 2021 Assessment $1,349.80 for 2.7 acres of water rights, irrigated with K-line Pods. Buyer responsible for due diligence with Tumalo Irrigation and accepts “As-Is”.
Domestic Water: Private Well – the 2 homes share one domestic well Utilities: CEC Central Electric Coop – 2 meters (One meter not connected) One meter services whole property 12 month average $329./month, High $476. Low $227./month Propane – Ed Stabb 250 gallon tank services shop and range house – 2021 usage to date: 128 gallons at $3.05/ gallon = $390.40 Taxes: Tax Year 2020 $3,813.20 Property is in Farm Deferment with potential additional tax liability. Buyer is responsible for due diligence and maintaining after the close of the Escrow.
Zoning: EFUSC- Exclusive Farm Use Sisters/Cloverdale, EFUTRB Price: $1,349,000.
Shown By Appointment Only
All information Provided by Cascade Sotheby’s International Realty and Agents is deemed reliable but not guaranteed, Buyer is responsible for any/all due diligence. | 541-923-1376 | www.desertvalleygroup.com
CENTRAL ST
SNOW CREEK LN
PLAINVIEW RD
T CRES
DUSTY D IR T R D
TWEED RD
E RIDG
RD
INNES MARKET RD
E CO NCOR D
FRYREAR RD
19245 Innes Mkt Rd Vicinity-18x24-h.mxd
1ST AVE
EAST ST
2ND AVE
W
FRYREAR RANCH RD
TR L R ON
ALD
DAYTON RD
WHITE HORN LN
19245 INNES MARKET RD
OP Y LO T S DU
SADDLE DR
Tumalo Canal Trailhead
CONN ARN RD
JW BROWN RD
TENNESSEE RD
BLACK HORSE LN
BECKER RD
3RD AVE
GERKING MARKET RD
GERKING MARKET RD
MCCO NNEL L
RD
DR
WHITE ROCK LOOP
NEWCOMB RD
ROCK
0
SC
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ES
Feet 1,000
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Deschutes County
CBRA Trailheads
BLM WHITE
BIRDSONG LN
Copyright © 2021 by AmeriTitle. All Rights Reserved. Printed in the USA
www.amerititle.com
CORI WAY
DR AD HE
2,000
CBRA Data Source Trails and Trailheads are from the BLM's Alt 2 planning data created prior to implementation of the Rrecreation Area facilities and as such, may not LOOP represent as-built conditions.
This map was derived from data provided by Deschutes County, the BLM, and other sources. AmeriTitle has provided this information as a courtesy and assumes no liability for errors, omissions, or positional accuracy in the data, and does not warranty the fitness of this product for any particular purpose.
Disclaimer
CBRA Trails
Public Land
Other Taxlots
Parcel of Interest
19245 Innes Market Rd: MARSH RD Nearby Cline Buttes Recreation Area (CBRA)
CL INE F AL LS
SAGE RANCH RD
D
4TH AVE
KENTUCKY RD
TWIN BRIDGES RD
Y W H
SWALLEY R D
D
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MAR IPOSA LN
20
From: Subject: Date: To:
Deborah Simenson Deborah@tumalo.org RE: Request July 20, 2021 at 10:24 AM Brook Havens brookmhavens@gmail.com
Hi Brook, I have a.ached a map showing where the water rights are mapped on the property. This property is showing in good standing. Our Spaulding Lateral runs through the property. This property is encumbered with an easement for the Tumalo Irrigation District’s Spaulding Lateral. This easement incudes the width of the canal and 50’ in all directions from the marginal edge of the canal. The cost for this year’s assessment is $1,349.80 Please let me know if you have any further questions. Have a nice day. Deborah Deborah Simenson Bookkeeper deborah@tumalo.org
Tumalo Irrigation District 64697 Cook Avenue Bend, Oregon 97703-9034 (541) 382-3053
From: Brook Havens <brookmhavens@gmail.com> Sent: Friday, July 16, 2021 8:00 AM To: Deborah Simenson <deborah@tumalo.org> Cc: Pam Mayo Phillips <Pam@desertvalleyrealtors.com> Subject: Request
Good Morning, Can you send the irrigaTon map, assessment and beneficial use map for the following the property? Mailing Name: HAWKINS, BRUCE HADLEY & SHANRAE ET AL Map and Taxlot: 1611120001000 Account: 132005 Situs Address: 19245 INNES MARKET RD, BEND, OR 97703 Thank you! Brook Havens | Principal Broker | Cascade Sotheby's International Realty C: 541-604-0788 O: 541-923-1376 E: brookmhavens@gmail.com W: desertvalleygroup.com & cascadesothebysrealty.com Office Address: 650 SW Bond St Suite 100 Bend, OR 97702 licensed in the State of Oregon Please Review Oregon Agency Disclosure Pamphlet
GFI
fiber cement lap siding
7296 Sliding glass door
36X22 awning
S
tv
hb
3030 awning
32"
ba2
Prep for bidet
tile shower
hb
2424 awning
32"
3696 fiberglass french door
(2) 36X22 fixed 7248 sliding (2)3622 awning
28'-0"
corrugated metal siding (inset only)
30"
30"
stainless backsplash
corrugated metal siding (inset only)
63'-0"
7296 french door
2x 36X22 awning
kitchen/dining/living
42x24 awning 42x24 fixed 42x24 awning
FLOOR PLAN - 2.23
fiber cement lap siding - (wraps thru to the inset)
2x
master BR
2412 fixed
18'-0"
62' x 10' concrete patio
ep
© 2005 - 2016 ideabox LLC
10' x 28' - 10" covered concrete patio
14'-9"
73' x 10' Gravel path
2424 awning
3054 casement
fiber cement lap siding - (wraps thru to the inset)
(2) 36X22 fixed 7248 sliding (2)3622 awning
36" laminate counter, round edge profile
DW
12"
54x54 slider
S
32"
tv
w/d
7296 sliding glass door
2x 36X22 awning
guest BR
the right amount of everything
fiber cement lap siding - (wraps thru to the inset)
3030 awning
32"
tile shower
2412 fixed
17'-0"
fiber cement lap siding - (wraps thru to the inset)
2424 awning 3054 casement
TUMALO, OREGON
N
HAWKINS RESIDENCE
GFI
GFI GFI
fiber cement lap siding
DESCHUTES COUNTY COMMUNITY DEVELOPMENT PO Box 6005,
Bend, Oregon
97708
117 NW Lafayette Avenue, Bend, OR 97701 Telephone ( 541) 388- 6575, Fax ( 541) 385- 1764
Permit #
Authorization Notice Application An Authorization Notice is a process to detennine if an existing onsite wastewater treatment system septic system) is adequate for a specific proposed use. Authorization is required when 1) placing an
existing system greater than five years old into service, 2) re -connecting to an existing system ( i.e. replacing a manufactured home), or 3) changing the use of or increasing the projected daily sewage flow into an existing onsite wastewater treatment system.( i. e. bathroom in a shop)
1ci2.2+ 5 .,
Property Address: Contact
Name:
TER.
MAK
36:‹1
az.
Phone:
Stfr1r6.--) Sj
Note: If adequate septic records do not exist, you may be required to expose the entire top of a septic
tank, junction boxes, the beginning and end ofeach drain line, and/or dig test pits. Items needed to process this application: A completed application form with correct fee.
Two detailed site plans which show all existing and proposed development including all
existing septic systems and potential replacement areas with distances and setbacks indicated. If the property is in a city, then attach a " Building Permit Release/ Septic Authorization" form signed by the city planning and engineering staff. Land use approval is required prior to granting authorization.
Existing uses connected to the existing septic system: Primary dwelling: sq. ft. Describe
other structures &
GS #
bedrooms
1#
bathrooms
1
total occupants
their uses currently connected to the existing system:
NAN,
Proposed
additions:
WPLA
Oa) TANK 146t4E,
Primary dwelling total ( after additions/ changes): sq. ft. bathrooms 2.„, total occupants Z.
TSC9- 19- 11
41
MELO MAN
A
13S: 7 # bedrooms Z.
Please Complete
Both Sides
DESCHUTESCOUNTY COMMUNITY
DEVELOPMENT
DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION ADMINISTRATION BUILDING — BEND, OREGON 97701 503) 388- 6575
CERTIFICATE OF SATISFACTORY COMPLETION ATION
ADDRESS /
t NAME
OF
OWNER oir?
INSTALLER'
S NAME
Ft/ RATED
LICENSE
NO.
3 9-.2-D
604/ST SEPTIC TANK TOTAL
MATERIAL
LIQUID
EQUAL
CAPACITY
LOOP :
WIDTH
OF
DEPTH OF TRENCH
TRENCH
INCHES
FEET
FEET NEAREST
LOT
75'0 NEAREST
SETBACKS
TIC TANK
FEET
FROM
REAR
SIDE
FRONT
LINE
INCHES
WELL FRO
OTHER
5 TEEL-
57.W
FEET
SAND FILTER
SERIAL ° PRES
DRAINFIELD
FEET
FROM
SEPT
BODY OF WATER FEET
ITANK
FROM
DRAINFIELD
TOWNSHIP— .RANGE -SECTIIN.—:
TAX
LOT
coo
As -Built Drawing with Reference
Locations
Installer
Final Insp. Date _.,.. Issued by Operation
of Law
Pre -cover inspection waived pursuant
to OAR 340- 71- 170( 2)
COR
TIONS
DATE
In accordance completion
AUTHORIZED
with $
of an
SIGNATURE
MADE
DATE
regon Revised Statute 454. 665, this Certificate is issued as evidence of satisfactory ite`• wae
I system
at the location
identified
above.
X
DATE
I3
SPECIAL NOTES ON CONSTRUC
white - original
4 69U
CfAil •
V(
pink - installer
copy
yellow - applicant
copy
gold - file
copy
DESCHUTESCOUNTY PERMIT NO. OMMUNITY
DEVELOPMENT
ENVIRONMENTAL ADMINISTRATION
HEALTH
BUILDING -
DEPARTMENT
33 611
DIVISION
BEND,
OREGON
97701
DATE
CA
LEIN.
503) 388- 6575
CERTIFICATE
OF SATISFACTORY
COMPLETION
OCATION
NAME
O3F OWNE'
INSTALLER'
S
LICENSE
NAME
NO.
SEPTIC TANK MATERIAL
TOTAL
LIQUID
TE
CAPACITY
EQUAL '
OTFHER
LOOP
I (IJ°
TOTAL LENGTH
WIDTH
2-10
FEET
TOTAL ROCK DEPTH1111
OF TRENCH
DEPTH
OF
FEET
1 NEAREST LOT LINE
INCHES
SIDE
FRONT
TANK
FEET
FROM
RE AR
V
INCHES
WELL SETBACKS FEET FROM SEPT U
TRENCH
NEAREST DRAINFIELD
FEET FRO
PTICTANK !
CORRECTIONS
MADE
BODY OF WATER FEET
FROM
DRAINFIELD
TOWNSHIP RANGE .-: SECTION
TAX LOT #_
J `! ----
As--Built Built Drawing As with Reference
Locations
Installer _
Final Insp. Date
0 Issued by Operation of Law 0 Pre -cover inspection waived pursuant
to OAR
340- 71- 170( 2)
CDR RECTION NOTICE POSTED DATE
In accordance with completion AUTHORIZED
SIGNATURE
DATE
to 454. 665, this Certificate is issued as evidence of satisfactory system at the location identified above.
of an o
X
white—original
DATE
pink - installer
copy
yellow -applicant
copy
I(
67-3
gold— file copy
Aa( 2.... • DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Planning Division, Building Safety Division, Environmental Soils Division 11T NW Lafayette Avenue PO Box 6008, Bend, OR 97708
Telephone (541) 388- 6575, Fax (541) 385- 1764
NOTICE AUTHORIZING REPRESENTATIVE 1, '(
Hj3K ( authorized
property representative),
owner),
have
authorized
to act as my agent in
performing the activities necessary to obtain site evaluations, permits and other onsite wastewater
treatment program services provided Deschutes County Environmental Soils Division on the property chapter 340, division 071.
described below in accordance with OAR
satisfied by the Authorized Representative are my responsibility.
I agree that any costs not
PROPERTY IDENTIFICATION: Property Address:
19 ati5
1, 44Q
Tax account number or serial number: /
3 Z005
PROPERTY OWNER: Printed Name: Signature: Address:
Phone:
City, State, Zip: Email Address:
AUTHORIZED REPRESENTATIVE: Printed Name:
fritAkt. *
Signature: Address:
City, State, Zip: Email Address: 10111/ 12
11. 40.11 -,
tard) ALL . 01 „ LA a
Afk
r
jris)
ELM 310. 790Z..
RD, BEND,
OR . 1770
WELL
EXISTING
1611120001000
MARKET
MAP AND TAXLOT:
INNES
JOB ADDRESS:
HANKINS, BRUCE H AND SHANRAE
OWNER:
STRUCTURE
REPLACEMENT
PROPOSED
LOT SIZE:
PROJECT SUMMARY
TANK FIELD
SEPTIC. LEACH
EXISTING
6.75 ACRES li
METER
MAIN PANEL
TO ( E) &
ALE: N. T. S.
ERMI SEPTIC #
BU.
ADDRES-S:
RADE
SITE PLAN
IN fRELATION
BUILDING AREA
ELEVATION
SLOPE OF SITE DRAINAGE
DRIVEWAY
100. 00 F. FLOOR
LEGEND
LEVEL OF THE EXISTING GRADE MEASURED TO THE TOP OF THE EXISTING GRADE A5 OCCURS.
LEVEL OF THE FINISH SURFACE MEASURED TO THE TOP OF THE FINISH MATERIAL AS OCCURS.
Community Development Department Planning
Division
Building Safety Division
117 NW Lafayette Avenue
Environmentsl
Bend
541) 388' 6575
FINDINGS
FILE
Oregon
Health Division
97701'
AND DECISION
NUMBER:
APPLICANT/
Bruce Hadley Hawkins
OWNER:
19245 Bend,
REQUEST:
Innes OR
Market
Road
97701
The applicant is requesting
approval of a land use permit to estabiish
a replacement dwelling in the Exclusive Farm Use Zone. STAFF
Anthony Raguine, Senior Planner
CONTACT:
APPLICABLE
CRITERIA:
Title 18 of the Deschutes County Code, County Zoning. Chapter
18. 16. Exclusive
Farm
Use Zones
Title 22 of the Deschutes County Code, Procedures
II.
BASIC
A.
LOCATION:
FINDINGS:
The subject property has an assigned address of 19245 Innes Market Road, It is identified on Deschutes County Assessor's Map No. 16- 11- 12 as Tax
Bend, Oregon. Lot 1000.
B.
The property is zoned Exclusive Farm Use—Terrebonne/ Redmond/ Bend and is designated agriculture by the Deschutes County
ZONING:
EFU- 7F| B),
subzone (
Comprehensive
C.
LOT
OF
Plan.
RECORD:
The subject
property
is a legal lot of record
pursuant
to septic
permits being issued ( S 33619 and S- 33620). D.
SITE
DESCRIPTION:
topography.
The subject property is 6. 78 aores, and has a generally level
The property
is somewhat
rectangular
in shape with Innes Market Road
forming the northern and eastern boundaries. The property is developed with two lawfully established dvveUingo, one in the northeast portion of the property ( primary dwelling) and one in the southeastern portion of the property ( secondary dwelling). The dwellings take a single access from Innes Market Road on the northern boundary of the
Quality Services Performed with Pride
1925
FAX ( 541) 385- 1764
property just as it begins to curve and form the eastern boundary. The primary dwelling is located in the northeastern portion of the property and the accessory dwelling is located approximately 130 feet to the south and slightly east of the primary dwelling. E.
SURROUNDING
for farm contiguous
LAND USE: The subject property is surrounded by properties zoned The only property in the vicinity in active farm use is the property
use.
to the south.
The
PROPOSAL:
Other properties are zoned EFU but are not in farm use.
applicant
has
applied
for
land
use
approval
to
authorize
replacement of the existing conventional dwelling on the property. replacement dwelling location is in the same location as the existing dwelling.
The
the
proposed
PUBLIC NOTICE:
The Planning Division will mail notice of this decision to all property owners of record within 750 feet of the subject property. REVIEW
PERIOD:
This application was submitted
on June 19, 2015, and was accepted
and deemed complete on July 20, 2015.
III.
CONCLUSIONARY
FINDINGS:
Title 18 of the Deschutes County Code, County Zoning. A.
Chapter 18. 16, Exclusive Farm Use Zones. 1.
Section 18. 16. 020, Uses Permitted Outright. J.
A lawfully established dwelling may be restored or replaced, subject to DCC 18. 16. 023. 1.
The replacement dwelling is subject to OAR 660- 033- 0130( 30) and the County shall require as a condition of approval of a single- family replacement dwelling that the landowner for the
dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner' s successors in interest, prohibiting them from pursuing a
claim for relief or cause of action alleging injury from farming or forest practices for which under ORS 30. 936 to 30. 937. FINDING:
no action
or claim is allowed
The applicant is proposing to replace the secondary dwelling that currently exists on
the property with a new dwelling. The owner will be required to sign and record a farm and forest management easement document, prior to issuance of the building permit for the new dwelling. 2.
Section 18. 16. 023, Lawfully Established Dwelling Replacement.
A lawfully established dwelling may be altered, restored or replaced under DCC
18. 16. 020( J) above
if, when an application
for a permit is submitted,
the County finds to its satisfaction, based on substantial evidence that: A. The dwelling to be altered, restored or replaced met the following when an application for a permit is submitted;
247 -15 -000326 -AD
Page
2 of 7
The dwelling has, or formerly had: a.
Intact exterior walls and roof structure;
b.
Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;
c.
d.
Interior wiring for interior lights; A heating system;
FINDING:
The County Assessor' s records indicate the secondary dwelling was established in A septic permit was also issued for the secondary dwelling. Staff finds the secondary dwelling was lawfully established and can be replaced. 1972, and that it has the above amenities.
2.
The dwelling was assessed as a dwelling for purposes of ad valorem taxation for the previous five property tax years, or, if the dwelling has existed for less than five years, from that time; and
Notwithstanding ( 2) above, if the value of the dwelling was a of either of the eliminated as result following circumstances, the dwelling was assessed as a dwelling unit until such time as the value of the dwelling was eliminated: a. The destruction ( i. e. by fire or natural hazard), or demolition in the case of restoration of the dwelling; or b.
The
applicant
establishes
to
the
satisfaction
of the
County that the dwelling was improperly removed from the tax roll by a person other than the current owner. improperly removed" means that the dwelling has taxable value in its present state, or had taxable value
when the dwelling was first removed from the tax roll or was destroyed by fire or natural hazard, and the county stopped assessing the dwelling even though the current or former owner did not request removal of
the dwelling from the tax roll. FINDING:
The County Assessor's records indicate that secondary dwelling has been assessed
as a dwelling on the property for the last 5 years, meeting this requirement.
It is eligible for
replacement.
B.
For replacement
of a lawfully
established
dwelling
under DCC
18. 16. 020( J): 1.
The dwelling to be replaced must be removed, demolished or converted a.
to an allowable
Within
one
year
nonresidential after
the
use:
date
the
replacement
dwelling is certified for occupancy pursuant to ORS 455. 055 and DCC Chapter 15. 04; or b.
If the dwelling to be replaced is, in the discretion of the County, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the County that is not less than 90 days after the replacement issued; and
247 -15 -000326 -AD
permit is
Page 3 of 7
c.
If a dwelling is removed by moving it off the subject parcel
to another location,
the
applicant
must
first
obtain approval from the County for the new location. FINDING:
The dwelling that is to be replaced must be removed, demolished or converted to an allowable nonresidential use within one year that the replacement dwelling is certified for occupancy. A condition of approval has been added to ensure compliance. 2.
The applicant must cause to be recorded in the deed records
of the County a statement that the dwelling to be replaced has been removed, demolished or converted. FINDING:
The owner will be required to record in the deed records of the county that the dwelling to be replaced has been removed, demolished or converted. 3.
Deed Restrictions. a.
As
a
condition
of
approval,
if the dwelling to be
replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records
of the County a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. b.
The
restriction
imposed
is
irrevocable
unless
the
County Planning Director, or the Director' s designee, places a statement of release in the deed records of
the County to the effect that the provision of 2013 Oregon
Laws, chapter 462, section
2 and ORS 215. 283
regarding replacement dwellings have changed to allow the lawful siting of another dwelling. FINDING:
The subject property is zoned Exclusive Farm Use in its entirety. This subsection is
not applicable to the proposed use. 4.
The replacement dwelling: May be sited on any part of the same lot or parcel; and b. Must comply with applicable siting standards such as minimum setbacks. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. c. Must comply with applicable building codes, plumbing a.
codes,
sanitation
codes
and
other
requirements
related to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling. FINDING:
The proposed replacement dwelling will be sited on the same property and will be
required to meet the minimum setbacks under DCC 18. 16. 070, which are addressed below.
The replacement dwelling is not subject to the 100 -foot setbacks for nonfarm dwellings adjacent to farm properties, as the replacement dwelling is not classified as a nonfarm dwelling. Conformance with the applicable building, plumbing, sanitation codes and other requirements
247 -15 -000326 - AD
Page 4 of 7
related to health and safety will be checked at the time of building, septic, and any other required permits for the new dwelling. C.
The siting standards of DCC 18. 16. 023( D) apply when a dwelling under
DCC
18. 16. 020( J)
qualifies
for
replacement
because
the
dwelling: 1. Formerly had the features described in DCC 18. 16. 023(A)( 1)( a) through ( d); 2.
Was
3.
Had
removed
from
18. 16. 023(A)( 3); a
permit
the
tax
roll
as
described
as
described
in
DCC
or
that
expired
under
DCC
18. 16. 023( E)( 2) D.
The replacement dwelling per DCC 18. 16. 023( C) must be sited on the same lot or parcel: 1.
2.
Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.
3.
Replacement
dwellings
that currently
have
the features
described in DCC 18. 16. 023( A)( 1)( a) through ( d) and that have
been on the tax roll as described in 18. 16. 023(A)( 2) may be sited on any part of the same lot or parcel. FINDING:
The proposed replacement dwelling is not being sited under DCC 18. 16. 023( C),
since it currently exists and has the features described under DCC 18. 16. 023( A)( a) through ( d).
The replacement dwelling is required to meet the setbacks under DCC 18. 16. 070, addressed below.
E.
A
replacement
dwelling
permit
that
is
issued
DCC
under
18. 16. 020( J): 1.
Is a land use decision
as defined
dwelling to be replaced: a. had Formerly
the
in ORS
features
197. 015 where
described
in
the DCC
18. 16. 023( A)( 1)( a) through ( d); or b.
Was removed
from the tax rolls as described
in DCC
18. 16. 023( A)( 3). 2.
Is not subject to the time to act limits of ORS 215. 417; and
3.
If expired before January 1, 2014, shall be deemed to be valid and effective, if, before January 1, 2015, the holder of the permit: a.
Removes,
demolishes
or
converts
to
an
allowable
nonresidential use the dwelling to be replaced; and b.
Causes
to be
recorded
in
the
deed
records
of the
County a statement that the dwelling to be replaced has been removed, demolished FINDING:
As stated in a foregoing
finding, the existing dwelling
amenities required under DCC 18. 16. 023( A)( 1)( a through d). time to act limits under ORS 215. 417.
247 -15 -000326 -AD
or converted.
on the property has the
The approval
is not subject to the
Page 5 of 7
3.
Section 18. 16. 060, Dimensional standards, E.
Building
height.
No building or structure shall be erected or
enlarged to exceed 30 feet in height, except as allowed under DCC 18. 120. 040.
The applicant has not indicated any specific height for the replacement dwelling. The height of the dwelling will be checked at the time of building permit submittal. A condition of FINDING:
approval
4.
has been added
Section
A.
to ensure
18. 16. 070, Yards.
The front yard shall be a minimum of 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street and 100 feet from a property line fronting on an arterial
B.
compliance.
street.
Each side yard shall be a minimum
of 25 feet, except that for a
nonfarm dwelling proposed on property with side yards adjacent to a property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum
of 100
feet. C.
Rear yards shall be a minimum
of 25 feet, except that for a nonfarm
dwelling proposed on property with a rear yard adjacent to a property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D.
In addition to the setbacks set forth herein, any greater setbacks
required by applicable building or structural codes adopted by the State of Oregon and/ or the County under chapter 15. 04 of this title shall be met.
The property has frontage on Innes Market Road, a designated rural collector road requiring a 60 -foot setback. The replacement dwelling is not a nonfarm dwelling, therefore the side and rear yard setbacks are required to be 25 feet. The applicant has not submitted any plot plans showing the setbacks. These will be checked at the time of building permit submittal. FINDING:
Compliance with these criteria will be ensured through a condition of approval.
IV.
CONCLUSION:
Based on the application materials submitted by the applicant and the above analysis, staff concludes this application for a replacement dwelling in the EFU Zone conforms to the standards for approval.
Other permits may be required. The applicant is responsible for obtaining any necessary permits and meeting the requirements of the Deschutes County Building Safety Division, the Deschutes County Environmental Soils Division and the Deschutes County Road Department, as well as obtaining any required state and federal permits.
247 - 15 -000326 -AD
Page 6 of 7
V.
DECISION:
APPROVAL, subject to the following conditions of approval. Prior to issuance of the building permit for the replacement dwelling, the owner shall sign and
record
a farm
and forest
management
easement,
in the deeds
records
for the
County, a document binding the landowner, and the landowner' s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30. 936 or 30. 937. 2,
The owner shall obtain all necessary permits from the Deschutes County Building Safety Division, and the Deschutes County Environmental Soils Division.
3.
The dwelling shall meet the 30 -foot height limit, unless a height exception is approved under DCC 18. 120. 040.
4.
The owner shall record in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted.
5.
The applicant shall comply with the setback requirements of 18. 16. 070.
VI.
DURATION
OF APPROVAL:
The permit for the replacement dwelling has no time limit as specified under DCC 18. 16. 023( E)( 2).
This decision
becomes
final twelve ( 12)
days from the date of this mailing unless
appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION
Written by: Anthony Raguine, Senior Planner
Reviewed by: Peter Gutowsky, Planning Manager Dated this 1st day of September, 2015
247 - 15 - 000326 - AD
Mailed this 1st day of September, 2015
Page 7 of 7
E. z m
R. 0 0.
T
L D S
0
w U) CI
Community Development Department Planning
FOBox 6005
Division
Building
Safety
Division
117 NW Lafayette Avenue 541) 388'
NOTICE
Environmental
Bend, Oregon 6575
Soils
97708' 8009
FAX ( 541) 385- 1764
OF DECISION
The Deschutes County Planning Division has approved the land use application( s) described below:
FILE
247' 15- 000328- A[)
NUMBER:
LOCATION:
APPLICANT/
The subject property has an assigned address of 19245 Innes Market Road, Bend; and is identified on the County Assessor' s Map No. 16- 11- 12, as Tax Lot 1000. Bruce Hadley Hawkins
OWNER:
19245 Innes Market Road Bend, OR 97701
The Deschutes County Planning Division has approved an application for a replacement dwelling in the Exclusive Farm Use
SUBJECT:
Zone.
STAFF
CONTACT:
APPLICABLE
Anthony Raguine, Senior Planner
CRITERIA:
The Planning Division reviewed this application for compliance against criteria
contained
Deschutes County Code ( ndinonce,
in
Chapter
DCC),
as well as against
18. 16
in Title
18 of the
the Deschutes County Zoning
the procedural
requirements
of Title
22 of the DCC.
DECISION:
Staff finds that the application granted subject to the following conditions: 1
CONDITIONS
1.
meets applicable crbaha, and approval is being
OF APPROVAL:
Prior to issuance of the building permit for the replacement dvveUing, the owner shall
sign and record
a farm
and forest
management
eaeenmard,
in the deeds
records for the County, a document binding the | ondovvner, and the landowner' s successors
in intanaot, prohibiting them from pursuing
a claim for relief or cause
of action alleging injury from farming or forest practices for which no action or claim is allowed
2`
under ORS 30. 936 or 30. 937.
The owner shall obtain all necessary permits from the Deschutes County Building
Quality Services Performed with Pride
Division
3.
The dwelling shall meet the 30 -foot height limit, unless a height exception is approved under DCC 18. 120. 040.
The existing dwelling must be removed, demolished or converted to an allowable nonresidential use within one year that the replacement dwelling is certified for
4,
occupancy. 5,
The owner shall record in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted.
6.
The applicant shall comply with the setback requirements of 18. 16. 070.
This decision becomes final twelve ( 12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of 250. 00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. cents
per
NOTICE
Copies can be purchased
for 25
page.
TO
MORTGAGEE,
LIEN
HOLDER,
VENDOR
OR
SELLER:
ORS
CHAPTER
215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.
Dated this 1st day of September, 2015
247 -15 -000326 -AD
Mailed this 1st day of September, 2015
2
Return To:
Anthony Raguine, Senior Planner Community Development Dept. P. O. Box 6005117 NW Lafayette Ave. Bend, OR
97708- 6005
FARM AND FOREST MANAGEMENT EASEMENT — REPLACEMENT DWELLING
Bruce H. and Shanrae Hawkins, herein called the Grantors, are the owners of real property described as that part of the Northwest Quarter of the Southwest Quarter ( NW '/ a SW %) lying South of Innes Market Road in Section twelve ( 12), Township Sixteen ( 16) South, Range Eleven
11) East of the Willamette Meridian, Deschutes County, Oregon, and further identified or depicted on Deschutes County Assessor' s Map 16- 11- 12 as Tax Lot 1000. Grantors hereby grant to the owner( s) of all property adjacent to the above described property ( Grantees), a perpetual nonexclusive farm and forest practices management easement as follows: 1,
The Grantors, their heirs, successors, and assigns, hereby acknowledge by the granting this easement that the above-described property is situated in a designated farm zone Deschutes County, Oregon, and may be subjected to conditions resulting from farming forest practices on adjacent lands. Such operations include management and harvesting timber, disposal
of slash,
reforestation,
application
of chemicals,
road construction
of in or of
and
by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur -bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof, and other accepted and customary farm and forest management activities conducted in accordance with Federal and State Laws. Such farm or forest management activities ordinarily and necessarily produce noise, dust, smoke, and other conditions that may conflict with Grantors' use of Grantors' property for residential purposes. Except as allowed by ORS 30. 930 through 30. 947, Grantors hereby waive all common law rights to object to normal, non -negligent farm and forest management activities legally conducted on adjacent lands that may conflict with Grantors' use of Grantors' property for residential purposes, and Grantors hereby give an easement to the adjacent property owners for the resultant impact on Grantors' property caused by the farm and forest management activities on adjacent lands. maintenance,
Grantors shall comply with all restrictions and conditions for maintaining residences in farm and forest zones that may be required by state, federal, and local land use laws and regulations. Grantors shall comply with all fire safety regulations developed by the Oregon Department of Forestry for residential development within a forest zone. This easement is appurtenant to all property adjacent to the above- described property, and shall bind the heirs, successors, and assigns of Grantors, and shall endure for the benefit of the The adjacent landowners, their adjacent landowners, their heirs, successors, and assigns.
heirs, successors, and assigns are hereby expressly granted the right of third -party enforcement of this easement. Dated this
day of September, 2015
GRANTORS
Bruce
H. Hawkins
Shanrae Hawkins
STATE OF OREGON ss.
COUNTY OF
On this
day of September, 2015, before me, a Notary Public in and for said County
and State, personally appeared Bruce H. Hawkins and Shanrae Hawkins, who are known to me to be the identical individuals described in the above document, and who acknowledged
to me that
they executed the same freely and voluntarily.
Notary Public for My Commission Expires:
Farm and Forest Management
Easement,
247 - 15 -000326 - AD
2
Community Development Planning
P. O, Box 6005
Division
Building
Safety
Division
117 NW Lafayette Avenue
Bend, Oregon
541) 388- 6575
http://
CERTIFICATE
FILE NUMBER:
DOCUMENTS
MAILED:
Department Environmental
FAX (
Soils Division
97708- 6005
541) 385- 1764
www. cmleschutes,
orus/ cdd/
OF MAILING
247 - 15 - 000326 - AD
Findings &
Decision
Notice of Decision
Farm and Forest Management Agreement
Applicant only) LOOKUP
AREA:
MAP/ TAX LOT NUMBER:
750 Feet
16- 11- 12, Tax Lot 1000
1st
I certify that on the day of September, 2015, the attached notice( s)/ report( s), dated September 1, 2015, was/ were mailed by first class mail, postage prepaid, to the person( s) and address( es) set forth below.
Dated this 1st day of September, 2015.
COMMUNITY
DEVELOPMENT
By:
Bruce
DEPARTMENT
Sher Buckner
County Assessor
Hawkins
19245 Innes Market Road Bend, OR
97701
9 Lookups
Quality Services Performed with Pride
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19245 Innes Market Rd, Bend, OR 97703-9075
Bruce Hadley Hawkins
Shanrae Hawkins
19245 Innes Market Rd, Bend, OR 97703-9075
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Cascade Sothebys International Realty, 650 SW Bond St Suite 100 Bend OR 97702 Pamela Mayo Phillips
(541)480-1513
(541)610-1558
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
X
X X X X X X X X X X X X
X X X X X
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
X
X
X X
X
X X X
X X X
X X X 07/16/2020 X X X X 2020 X X X X X X
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
X X X X X X X X X X X X X X X X X X X X X X X X X X
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
X X X X X X X X X X X X X X X X X X
X X X
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
X X X
X X X X X X X X X X
1
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Innes Mkt -
19245 Innes Market Rd, Bend, OR 97703-9075
1 E line 52 Waldron Trail is an easement for neighbors to access properties on the South side of the property.
1 L line 61 Property is in farm tax deferment, Buyer is responsible for due diligence and maintaining farm deferral after the close of escrow.
2 B lines 80-87 Buyer is responsible for due diligence on Tumalo Irrigation water, delivery and season of use. Landscape irrigation is connect to Tumalo Irrigation, Sprinkler system is in front yard only - it is connected to irrigation water not well.
9 G line 192 Buried Tank is a septic tank.
Bruce Hadley Hawkins
Shanrae Hawkins
This form has been licensed for use solely by Pamela Mayo Phillips pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC.
Cascade Sothebys International Realty, 650 SW Bond St Suite 100 Bend OR 97702 Pamela Mayo Phillips
(541)480-1513
(541)610-1558
Innes Mkt - Hawkins
Bruce Hadley Hawkins, Shanrae Hawkins 19245 Innes Market Rd, Bend, OR 97703-9075
Bruce Hadley Hawkins
Cascade Sothebys International Realty, 650 SW Bond St Suite 100 Bend OR 97702 Pamela Mayo Phillips
Shanrae Hawkins
(541)480-1513
(541)610-1558
Innes Mkt -