2011-2808-Order No. 2011-013 Recorded 5/26/2011REVIEWED
LEGAL C UNSEL
DESCHUTES COUNTY CLERKDS Q ~0~~~YQD
NANCY
COMMISSIONERS' JOURNAL 011 no 'Ad 'Ad AM
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2011-2808
0512612 ,
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Setting the LUBA Remand Hearing and
Establishing the Procedures the Hearing in File
Nos. SP-07-46/CU-07-102.
ORDER NO. 2011-013
WHEREAS, the Board of County Commissioners' ("Board") Findings and Decision on application nos.
SP-07-46/CU-07-102 was appealed to the Land Use Board of Appeals (LUBA); and
WHEREAS, LUBA remanded the County's decision on SP-07-46/CU-07-102 through LUBA No.
2009-061/2009-062, Final Opinion and Order, dated May 17, 2010; and
WHEREAS, Applicant Mark Latham Excavation, Inc., through legal counsel, provided written notice of
the applicant's desire to initiate the remand process on April 30, 2011; and
WHEREAS, Oregon Revised Statutes 215.435(1) requires that the county submit a final decision within
90 days of the date the written notice from the applicant is received; and
WHEREAS, Deschutes County Code 22.34.020 requires that the hearings body below hear the case on
remand and the Board was that hearings body; and
WHEREAS, the Board desires that those issues remanded by LUBA be heard de novo;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board will hear on remand application nos. SP-07-46/CU-07-102, LUBA Case No.
2009-062, pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land
use ordinances.
LUBA.
Section 2. The remand shall be heard de novo, and limited to only the issues on remand from
ORDER No. 2011-013
Section 3. Community Development Department staff shall set a hearing date and cause notice to
be given to all persons or parties entitled to notice pursuant to DCC 22.34.030.
DATED this g e- day of May, 2011.
ATTEST:
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Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY OREGON
TAMMY BANEY, Chair
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ANTHONY DEBONE, Vice Chair
09AA- tAL
UNGER, Commissioner
ORDER NO. 2011-013