2009-1482-Order No. 2009-061 Recorded 10/7/2009REVIEW DESCHUTES COUNTY OFFICIAL RECORDS CJ 7009•~48~
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 10/07/2009 09;00;06 AM
LEGAL COUNSEL II I2 1482
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Hearings Officer's
Decision in File no. A-07-09 (A-09-4 and A-09-5)
ORDER NO. 2009-061
WHEREAS, Appellant, Jeff and Pat Dowell, appealed the Hearings Officer's decision in application
number A-07-09 (Dowell appeal or A-09-4); and
WHEREAS, Appellant, William and Leigh Kuhn, also appealed the Hearings Officer's decision in
application number A-07-09 (Kuhn appeal or A-09-5); and
WHEREAS, Section 22.32.027 of the Deschutes County Code allows the Board of County
Commissioners (Board) discretion on whether and in what manner to hear appeals of Hearings Officer's
decisions; and
WHEREAS, the Board has given due consideration as to whether to review the appeal of the
application; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board will conduct a single hearing to consider the Dowell appeal and the Kuhn appeal
for application number A-07-09 pursuant to Title 22 and other applicable provisions of the Deschutes County
Code.
Section 2. The hearing on these appeals shall be limited de novo. In addition to materials presently in
the record of County Files numbers A-07-09, A-09-4 and A-09-5, the Board will receive from any party to this
proceeding and consider written records, identified and marked as exhibits as having been submitted in Kuhn v.
Dowell (Deschutes County Circuit Court Case No. OICV233MA); written evidence demonstrating the setbacks
of the Kuhn residence and the Dowell residence from Sisemore Road and relevant portions of oral testimony in
the form of certified transcripts from Kuhn v Dowell.
Section 3. Except as otherwise provided in Section 2, no other oral or written evidence will be received.
Written evidence will be received no later than October 21, 2009.
Section 4. Evidence offered in rebuttal to written evidence will be received no later than October 30,
2009.
Section 5. Written legal arguments will be received from the Kuhn's and the Dowell's no later than
November 6, 2009. Oral argument and rebuttal argument will not be allowed.
Section 6. Staff shall cause notice of this order to be given to persons or parties entitled to notice
pursuant to DCC 22.24.030 and 22.32.030.
PAGE 1 of 2 - ORDER No. 2009-061 (10/05/09)
Dated this J of , , 2009
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, GON
TAMMY B NEY, Chair
D IS R. LUKE, Vice C
ALAN UNGER, Commissioner
PAGE 2 of 2 - ORDER No. 2009-061 (10/05/09)