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2000-926-Minutes for Meeting September 07,2000 Recorded 9/28/2000VOL: CJ2000 PAGE: 926 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *02000-926 * Vol -Page Printed: 10/03/2000 16:46:29 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Sep. 28, 2000; 1:47 p.m. Public Hearing (CJ) NUMBER OF PAGES: 2 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK KEY U CHED 0c 2000 ES 00 SEP 20 p1•i 1: 47 2� COUNTY CLERKBoard of Commissioners 1130 N.W. Harriman St., Bend, Oregon 97701-1947 (541) 388-6570 • Fax (541) 388-4752 www.co.deschutes.orus Linda L. Swearingen Dennis R. Luke MINUTES OF PUBLIC HEARING Tom DeWolf DESCHUTES COUNTY BOARD OF COMMISSIONERS CONDITIONAL USE APPLICATION AMBER CRAIG - LUBA DECISION THURSDAY, SEPTEMBER 7, 2000 Present were Commissioners Linda Swearingen, Tom DeWolf and Dennis Luke; Paul Blikstad, Community Development Department. The applicant, Amber Craig, was in attendance. No members of the public were present. Chair Linda Swearingen called the hearing to order at 9:00 a.m. BLIKSTAD: As you are aware, Steve Scott and Amber Craig both came through the land use process approximately the same time in 1998. These were both similar situations where Steve Scott had a 40 -acre parcel, and Amber Craig had a 41.23 -acre parcel. This went all the way to the Supreme Court, which denied review of an appeal. We're before you today based on a LUBA remand decision, which ultimately is in effect given the Court of Appeals decision and the Supreme Court decision. The applicant has withdrawn her partition application and one of the conditional use applications. We are proposing today is one dwelling on a 41.23 -acre parcel. Community Development believes Deschutes County has the authority to go ahead and change the application if the Board will modify it. I believe Legal Counsel agrees that we can go ahead and take care of the problems that were before LUBA and amend this to allow for just one dwelling on the 41.23 -acre parcel. Public Hearing: Amber Craig/LUBA Decision Page 1 of 2 Pages September 7, 2000 Quality Services Performed with Pride LUKE: (To applicant.) I am sorry we weren't successful in court. S WEARINGEN: I am sorry, too. After all we had to go through for two years, and we almost had it through the Legislature, but at the last minute it didn't happen. LUKE: That bill may probably go back through the Legislature, so be careful where you put the house. DEWOLF: I move approval, subject to legal review. LUKE: Second. VOTE: LUKE: Aye. DEWOLF: Yes. SWEARINGEN: Chair votes aye. Being no further discussion, Chair Linda Swearingen adjourned the meeting at 9:25 a.m. Dated this 7th Day of September 2000 for the Deschutes County Board of Commissioners. ATTEST: r Public Hearing: Amber Craig/LUBA Decision September 7, 2000 Hhda L. Swearingen, Chair IYennis R. Luke, Commissioner Tom DeWolf, Commissioner Page 2 of 2 Pages