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2004-797-Order No. 2004-042 Recorded 5/17/2004COUNTY NANCYUBLANKENSHIP,F000NTY CLERKDS Yd 200097 REVIEWED COMMISSIONERS' JOURNAL 0511112004 02,36:06 PM LEGAL COUNSEL III IIII IIIIIIIIIIIIIIII III 0 -7B For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Accepting Review of Hearings Officer's Decision in File no. CU-02-102 and SP-02-51 (A- * ORDER NO. 2004-042 04-8). WHEREAS, Appellants, Gretchen Grivel and Thomas Hernberger, have appealed the Deschutes County Hearings Officer's decision on application no. CU-02-102 and SP-02-51, and WHEREAS, Section 22.32.027 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;and WHEREAS, this case is unique in that notice of the original hearing before the hearings officer in this case only reached five (5) of the approximately forty (40) property owners entitled to notice due to an error in the computer programing in the County Assessor's Office; and WHEREAS, because of the unique circumstances, it is in the public interest to proceed with this matter as if the initial hearing is necessary; and WHEREAS, because the County will proceed as if an initial hearing is required, it is in the public interest to waive the transcript requirement and the appeal fee in this case and refund the appeal fee to the appellants; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Board accepts the appeal of application CU-02-102 and SP-02-51 (A-04-8) pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use ordinances. Section 2. The Board appoints a Hearings Officer to hear the appeal. Code. Section 3. The Board waives the appeal fee. Section 4. The Board waives the transcript requirement of Section 22.32.024 of the Deschutes County Section 5. The appeal shall be heard de novo. PAGE 1 of 2- ORDER No. 2004-042 (13/05/04) Section 6. Staff shall set a hearing date with the Hearings Officer and cause notice to be given to all persons or parties entitled to notice pursuant to DCC 22.24.030 and DCC 22.32.030. DATED this i 2`r'0day of , 2004. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary PAGE 2 of 2- ORDER No. 2004-042 (13/05/04)