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1996-45806-Order No. 96-145 Recorded 12/12/1996- 50-0655 ..M. EV,I El�,ED 01 96-45806 LEGAL COUNISEI. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Reopening the Record in the Applicatioi96 03-7r' ( 2 *AM 10; 27 of John and Jennifer Cosgrave (V-95-11) on Appeal before the Board of County Commissioners.Et V IiII U # ; vL ORDER NO. 96-145 WHEREAS, John and Jennifer Cosgrave have applied for a variance to the Wildlife Area Combining Zone standards for the partition of a 20 - acre parcel located in the RR-10/WA/LM zone; and WHEREAS, the Board of County Commissioners heard an on -the -record appeal of the Board's decision on September 4, 1996 and made a preliminary oral decision on September 5, 1996 to approve the requested variance; and WHEREAS, no final decision has been rendered on the subject application; and WHEREAS, since September 5, 1996, the Board or Board members have had several contacts outside the hearing process regarding the subject application and it appears that a majority of the Board is not prepared to carry through on its preliminary oral decision; and WHEREAS, it appears that the Board should reopen the record to place the substance of those contacts on the record and to allow the parties a chance to reply to those contacts; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That the record in V-95-11, on appeal to the Board in A-96-12, is hereby reopened for the limited purpose of (1) placing on the record the substance of certain contacts that the Board has had since September 5, 1996 with persons other than staff regarding the subject applications (2) to allow the parties a chance to reply to the substance of those contacts and (3) to allow for any staff report necessary to set the procedural context of this proceeding. Section 2. The nature of the contacts made since September 5, 1996 with the Board outside the hearing process are to be made a part of the record and are to be furnished to the parties. Section 3. The parties shall be given the opportunity to reply to the contacts in person at a hearing before the Board of County Commissioners on December 11, 1996 at 11:00 AM in Hearing Room A in the Juvenile Justice Building. In the alternative, parties shall have the opportunity to respond to the contacts by submitting a written response to the Board of County Commissioners no later than 5:00 PM on December 11, 1996. Response shall be limited to responding to statements that were made to the Board in those contacts. 1 - ORDER NO. 96-145 K Y %U . DEC od1 0156-0659 Section 4. Notice in a form substantially similar to that set forth in Exhibit A to this order shall be sent to all parties to the appeal on the subject application before the Board. DATED this Z/-t4day of December, 1996. ATTEST: Recording Secre ary 2 - ORDER NO. 96-145 BOARD OF COUNTY COMMISSIONERS DE CHUTES COUNTY, r EGON S A\P4 ©Its O -API, NANCY P P SUWH GEN, Chair U e BARRY H. SLAUGHTER, Commissioner �-J W� -'J 4'Lp ROB RT L. NIPPER, Co issioner OF Exhibit "A" 0156--0660 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON In the Matter of the Application of John and Jennifer Cosgrave for a Variance to the Wildlife Area Combining Zone Standards. NOTICE TO PARTIES ON REOPENING OF RECORD The Cosgraves have applied for a variance to the lot size requirements for a partition in the Wildlife Area Combining Zone. This matter was heard by the Board of County Commissioners on September 4, 1996 in an on -the -record appeal. The Board announced its preliminary, oral decision on September 5, 1996 in a 2-1 vote, with Commissioners Nipper and Slaughter voting in the majority. Since that time the Board or members thereof have had contact with persons other than staff outside the hearing process regarding the subject application. Commissioner Slaughter has announced that he will not sign a decision prepared to reflect the Board's September 5, 1996 oral decision. The Board has determined that it should reopen the record in this matter to allow the parties a chance to reply to the substance of the outside -the -record contacts. Those contacts include: letters from Planning Commissioners Bruce Brothers and Ted Schassburger to the Board; a meeting between the Planning Commission and the Board; a telephone conversation between Commissioner Slaughter and Planning Commissioner Everett Turner and a meeting between Commissioner Nipper and ODFW personnel. The substance of those contacts is set forth in the attachments to this notice and are to be regarded as part of the record in this case. The parties to the appeal before the Board are entitled to reply to the substance of those contacts. Accordingly, the Board will hold a hearing on December 11, 1996 at 11:00 AM in Hearing Room A in the Deschutes County Juvenile Justice Building. In the alternative, the parties may respond by submitting written testimony prior to 5:00 PM on Wednesday, December 11, 1996. Submittals shall be made to the Board of County Commissioners, 1130 NW Harriman St., Bend, OR 97701. Testimony shall be limited to responding to statements that were made to the Board in the off-the-record contacts. Any party may raise new issues that relate to the new testimony on the matter at issue. The Board plans to determine in light of the information received how it wishes to proceed on December 16, 1996. A final written decision may be entered on December 18, 1996. If you have questions on this matter, you may contact Damian Syrnyk at 388-6575 or Bruce White at 388-6593.