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2001-79-Order No. 2001-022 Recorded 2/15/2001VOL: CJ2001 PAGE: 79 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2001-79 * Vol -Page Printed: 02/28/2001 08:53:31 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: Feb. 15, 2001; 8:10 a.m. Order (CJ) NUMBER OF PAGES: 1 f MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK eNHED 2001 MICRO ED MAR 61 C3fEP1i��fi`/fE� BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE� CCOUNT,Y'1 OREC 614.1 Denying Review of Hearings Officer's * o Decision in File No. CU -00-94 (A-01-5) ORDER NO. 2001-022 WHEREAS, American Tower Corporation, has appealed the Deschutes County Hearings Officer's denial of application CU -00-94 submitted by W & H Pacific; and WHEREAS, Section 22.32.035 of the Deschutes County Code allows the Board of County Commissioners discretion on whether to hear appeals of Hearings Officer's decisions; and WHEREAS, the Board has given due consideration as to whether to review this application on appeal; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That it will not hear on appeal application CU -00-94 (A-01-5) pursuant to DCC 22.34.035, the Hearings Officer's decision becomes final upon mailing of this order to the parties. Section 2. Pursuant to DCC 22.32.015, there shall be a refund of $1,103.50 of the appeal fees paid, unless the decision is appealed to LUBA, in which case the refund shall be reduced by an amount equal to the cost incurred by the County to prepare a transcript of the hearing before the Hearings Officer. DATED this 9fday of , 2001. ATTEST: Recording Secretary (slr-02/01) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,IOREGON Tom DeW f hair NJ Den is R. Luke, Commissioner MicITaef M. alv. Co issioner