Community Development Department

Notice Of Decision

The Deschutes County Planning Division has approved the land use application( s) described below:

FILE NUMBER: SMA - 05- 31

LOCATION: The property is located at 60602 Woodside Road, Bend, and is identified on Deschutes County Assessor' s Map 18- 12- 21, as tax lot 1000.

APPLICANT: David Boatman

SUBJECT: The Deschutes County Planning Division has approved an application for a Surface Mining Impact Area site plan review to construct a 2, 700 -square -foot addition and interior remodel to an existing dwelling in the Exclusive Farm Use — Tumalo/ Redmond/ Bend ( EFUTRB) zone located within a Surface Mining Impact Area Combining Zone.

STAFF CONTACT: Anthony Raguine, Associate Planner, ( 541) 617- 4739

APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against criteria contained in Sections the Deschutes County Code ( DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC.

DECISION: Staff finds that the application satisfies all applicable criteria, and approval is being granted subject to the following conditions:

1. This approval is based upon the site plan and information submitted by the applicant. Any substantial change in the approved plan would require a new application.

2. The applicant shall sign a Waiver of Remonstrance Easement for Surface Mining Site No. 381, prepared by the County, and record the Waiver in the County Clerk' s Office. A copy of the recorded waiver shall be submitted to the Planning Division prior to issuance of building or placement permits for the dwelling.

3. The applicant/ owner shall comply with the requirements of the Deschutes County Building Safety Division.

4. The applicant shall comply with the requirements of the Bend Fire Department.

5. The height of the dwelling shall not exceed 30 feet ( unless an exception is applied for and granted).

6. The dwelling shall meet solar setback requirements.

This land use permit shall be void two years from the date this decision becomes final unless the permit is initiated or extended pursuant to Chapter 22. 36 of the DCC.

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.

A copy 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. Copies can be purchased for 25 cents per page.

Pending land use applications can be accessed on- line at www. deschutes. org/ cdd. Click on " Property Development" heading; then click on " Pending Land Use Applications" located on right side of page ( opens in new window)

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER.

Dated this 29th day of September 2005

Mailed this 29th day of September 2005

EASEMENT WAIVER OF REMONSTRANCE)

As a condition of the grant of development approval pursuant to Chapter 18. 56 of the Deschutes County Code for Tax Lot 1000 of Township 18, Range 12 E. W. M., Section 21 ( hereafter referred to as " burdened property"), Grantor/ s hereby grant/ s and/ or relinquish/ es to the owners of record of the property described as Tax Lot 200 of Township 18, Range 12 E. W. M., Section 21 and further described on the Deschutes County Inventory of Mineral and Aggregate Resources as Site No. 391 hereafter referred to as the " benefited property"), as grantee/ s, any and all rights of remonstrance or protest that he/ they may have by virtue of ownership of the burdened property or otherwise to the visual, noise, dust, reclamation, traffic and any other similar impacts from the following protected activities:

1) Surface mining activities lawfully conducted in connection with a pre- existing mine, as that term is defined in Section 18. 52. 160( B) of the Deschutes County Code, on the benefited property; or

2) Surface mining activities that might be lawfully conducted in the future on the benefited property under County or State permits or exemptions.

Grantor/ s acknowledge that by virtue of such grant he/ they have no remaining rights to complain or protest about the protected activities described above.

This Waiver of Remonstrance Easement runs with the land and is binding upon the heirs, successors and assigns of the undersigned' s interest in the burdened property or any persons acquiring through the undersigned an interest in the burdened property.

GRANTOR( S):

Gregory W. Moore

Jill M. Moore

STATE OF Oregon, County of Deschutes: ss

On this day of , 200, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Gregory W. Moore, and Jill M. Moore who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily.

IN WITNESS WHEREOF, have hereunto set my hand and affixed my official seal the day and year last above written.

Notary Public for My Commission Expires: