2005-1402-Order No. 2005-149 Recorded 12/13/2005COUNTY OFFICIAL
REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKOS U 2005-102
COMMISSIONERS' JOURNAL 12/13/2005 03;22;18 PM
LEGAL COUNSEL it II I III IIIII~IIIIIII III III
Z0-142
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying Review of Hearings Officer's
Decision in File No. CU-05-20 (A-05-16)
ORDER NO. 2005-149
WHEREAS, Annunziata Gould has appealed the Deschutes County Hearings Officer's denial of a
conditional use permit application, CU-05-20, submitted by Thornburgh Resort Company, LLC, and
WHEREAS, Section 22.32.035 of the Deschutes County Code ("DCC") allows the Board of County
Commissioners ("Board") discretion on whether to hear appeals of Hearings Officer's decisions; and
WHEREAS, the Board, in Order 2005-143, initiated review of the Hearings Officer's decision pursuant
to DCC 22.28.050(A) and decided that review shall be de novo, making the appeal submitted by Annunziata
Gould unnecessary, and
WHEREAS, the substantial rights of the appellant will not be significantly prejudiced because of the
opportunity to present evidence at the de novo hearing, and
WHEREAS, because the Board has declined to hear the appeal of Annunziata Gould, DCC
22.32.025(A) requiring the consolidation of appeals filed by multiple parties is inapplicable because that
provision is applicable only if the Board agrees to hear more than one appeal, 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, HEREBY
ORDERS as follows:
Section 1. That it will not hear the appeal of Annunziata Gould on application CU-05-20 (A-05-16).
Section 2. The Board decision on the conditional use application becomes final upon mailing of a final
decision pursuant Order 2005-143.
PAGE 1 OF 2- ORDER N0.2005-149 (12/12/05)
Section 3. That the Community Development Department shall refund the $2513.00 appeal fee.
DATED this ~ day of '2005.
ATTEST:
6~
Recording Secretary
PAGE- 2 of 2- ORDER No. 2005-149 (12/12/05)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON