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2006-997-Order No. 2006-159 Recorded 11/2/2006REVIEWED LEGA COUNSEL DESCHUTES CLERKS 1~d ~0 NANCY WOOF COMMISSIONERS' JOURNAL , ICI II~YIIIGIYIII 11102 005 01;45;45 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Denying Review of a Hearings Officer Decision in file no. TP-06-973 ORDER NO. 2006-159 WHEREAS, Broken Top Community Association and Mr. and Mrs. Kaufman separately appealed a Hearings Officer decision on County file number TP-06-973, and WHEREAS, Section 22.32.027 of the Deschutes County Code allows the Board of County Commissioners (Board) 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, HEREBY ORDERS as follows: Section 1. That it will not hear the appelant's appeals for Case Number TP-06-973 (A-06-8; A-06-9) pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use ordinances. Section 2. Pursuant to DCC 22.32.015, there shall be a refund of 75 percent of the appeal fee, 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 of 2006 BOARD OF COUNTY COMMISSIONERS OF DESCWTES COUNTY, OREGON R. L &VC41u) ATTEST: Recording Secretary BEV CtARNO, VICE CHAIR MICHAEL M. DALY, COMMISSIONER PAGE 1 of 1 - ORDER No. 2006- 159, 10/30/06