1995-41241-Order No. 95-163 Recorded 11/27/1995REVIEWED
95"12 sl LEG L COUNSEL
0148--0950
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
Accepting Review of Hearings Officer's
Decision SP -95-60 (Church of Jesus
Christ of Latter Day Saints)
ORDER NO. 95-163
WHEREAS, Michael Adler et al., as the Southeast Neighb4' sc-tnited,
has appealed the Deschutes County Hearings Officer's approval of
application SP -95-60 submitted by Garth Jensen, applicant, Church of
Jesus Christ of Latter Day Saints, property owner; and
WHEREAS, Deschutes County Code 22.32.035 allows the Board of
County Commissioners of Deschutes County, Oregon (Board) discretion on
whether to hear appeals of Hearings Officer's decision; and
WHEREAS, the Board has given due consideration as to whether to
conduct a review on appeal; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The Board determines pursuant to Deschutes County Code
22.32.030 to hear the appeal on the record. The Board declines to make
the determinations necessary to hear the matter de novo pursuant to
Deschutes County Code 22.32.030(D).
Section 2. Pursuant to Deschutes County Code 22.32.030(C), the
Board hereby limits the issues on appeal to the following issues:
1. The site plan request was not filed timely. The CU -permit
#CU -93-119 expired before the applicant sought an extension of the
Conditional Use Permit and filed the Site Plan under appeal.
2. The Hearings Officer erred in not denying the application
based on the opponent's challenge of the underlying Conditional Use
Permit.
Section 3. The Board will review the appeal on the record of this
decision pursuant to Section 22.32.030(H) Deschutes County Code which
reads:
H. The record for a review on the record shall
consist of the following:
1. A written transcript of any prior hearing;
ORDER NO. 95-163 (Appeal A-95-20)idyp 7v�
November 22, 19951.
Page 1 1 1CROFILMED
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1995
0148-095'
2. All written and graphic materials that were part of
the record below;
3. The Hearings Body decision appealed from;
4. Written arguments, based upon the record developed
below, submitted by any party to the decision; and
5. A staff report.
No oral testimony other than staff comment based on the
record shall be taken. The board shall not consider any new
factual information submitted by a party.
Section 4. Staff shall set a hearing date forthwith and
cause notice to be given to all persons or parties entitled
notice.
DATED this 22nd day of November, 1995.
ATT T:
Recording Secretary
/dps-11/95
ORDER NO. 95-163 (Appeal A-95-20)
November 22, 1995
Page 2
BOARD OF COUNTY COMMIESSIONERS OF
DESCHUTES COUNTY, OREGON
44, \J�,X�✓
BARRY 1Y. SLAUGHTER, Chairman
NANn POPE SCHLANGEN, Commissioner
ROBOT L. NIPPER, Co ssioner