2002-201-Order No. 2002-053 Recorded 4/3/2002COUNTY OFFICIAL
REVIEWED MARYHSUESPENHOLLOW, COUNTY CLERKRECORDS
COMMISSIONERS' JOURNAL 0410312002 03;53;51 PM
LE L COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
An Order denying review of Hearings Officer's
Decision in File No. CU-01-79 (A-02-3)
ORDER NO. 2002-053
WHEREAS, Applicants Gene and Barbara Prete, have appealed the Deschutes County Hearings
Cfficer's decision on application no. CU-01-79; 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 finds that evidentiary deficiencies, such as the need for a soil expert, could have
been anticipated and presented during the proceedings below; and
WHEREAS, the Board finds that the Hearings Officer's decision does not present policy issues which
require further Board interpretation; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will not hear on appeal application CU-01-79 (A-02-3) 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 $937.50 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
cast incurred by the County to prepare a transcript of the hearing before the Hearings Officer.
DATED this ~ day of April, 2002.
ATTEST:
R
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUN Y, OREGON
du /
TO
YW F,
NNIS R. LUKE, Commissioner
MICHAEL M. DALY, Commissioner
C RDER No. 2002-053, MARCH 27, 2002