1996-29873-Order No. 96-085 Recorded 8/14/199696-29873
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
In the Matter of Describing a Class of
Appeals of Land Use Applications on
which the Board of County Commissioners
Declines Review and Setting an Effective
Date.
REVIEWED
DESCHUTE w C
ORDER NO. 96-085 JL -+i •`'
WHEREAS, the Board of County Commissioners has authority under DCC
22.32.035 to decline review of appeals of land use actions, either on
a case-by-case basis or categorically by standing order; and
WHEREAS, the Board has determined that it does not wish to violate
ORS 215.428 and therefore should categorically by standing order
decline to hear on appeal cases that are close to the 120 -day deadline
imposed by ORS 215.428; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
1. Hearing Officer Decision Final as to Certain Class of Cases.
That pursuant to DCC 22.32.035(A), the Hearings Officer's decision
shall be the final decision of the County for that class of land use
permit applications for which:
(a) No notice of appeal of the decision of the Hearings Officer
has been received by the County prior to the 100th day after the date
an application for a land use permit was deemed complete; and
(b) Prior to the effective date of this order, or prior to the
100th day after the date an application for a land use permit was
deemed complete, an applicant has not unconditionally notified the
County in writing that the 120 -day time period set forth in ORS
215.428(1) does not apply to the County's consideration of the
application.
Accordingly, the Board of County Commissioners shall not consider
the notice of appeal of any land use action decision for the above
class of cases, because the Hearing Officer decision constitutes the
final decision of the County.
2. Standing Order. That pursuant to DCC 22.32.035(A) this order
shall, until it is rescinded, constitute a standing order applicable to
all land use permit applications described in Section 1.
3. Effective Date and Applicability. That this order shall take
effect at 5:00 PM on August 15, 1996 and as to pending applications
shall apply to all pending applications that fall within the class of
cases described in Section 1 of this order, including cases in which a
decision has been rendered by the Hearing Officer and as to which as of
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96
AUG 2 61996
this date a decision has not yet otherwise become final. This order
shall not apply to any application appealed to the Board on which the
Board has already accepted review.
4. Notice. That for so long as this order is in effect the
Planning Director is ordered to provide a copy of this notice to the
following:
(a) On this date to the parties involved in applications which as
of this date fall within the class of cases described herein;
(b) To the parties involved in such applications on the date such
applications become an application described by this order; and
(c) To all new applicants for a permit at the time their
application is submitted to the County.
5. Order Effective until Rescinded. That this order shall remain
in effect until rescinded by order of the Board of County
Commissioners.
DATED this 14th day of August, 1996.
RD OF COUNTY
DESCHUTK CO
Y
MISSIONERS
, OREGON
; Chair
AT ST: BARRY 9LAUGHTER, Commissioner
Recording Secretary RO RT L. NIPPER, C! -myM ir4q sioner
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