2019-155-Order No. 2019-013 Recorded 5/14/2019REVIEWED
Of ( Y L
LEGAL COUNSEL
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2019-155
Commissioners' Journal 05/14/2019 8:25:29 AM
1111111111111111111111111111u
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Re -opening the Record for the
Submittal of Written Materials on File Numbers
247 -18 -000504 -AD, 247 -18 -000505 -AD, 247 -18-
000506 -SP and 247-19-000178-A
*
*
*
ORDER NO. 2019-013
WHEREAS, the Appellant, Rowan Hollitz, appealed the Planning Division's decision in application
numbers 247 -18 -000504 -AD, 247 -18 -000505 -AD, 247 -18 -000506 -SP; and
Whereas, the Board of County Commissioners ("Board") agreed to hear this appeal, file number 247-19-
000178-A, de novo under Order No. 2019-004; and
WHEREAS, the Board conducted a public hearing and established post -hearing periods, for the submittals
of written materials; and
WHEREAS, the Applicant, Mark Weisheit, has agreed to extend the land use clock by 58 days pursuant
to an email from Mr. Weisheit's legal counsel Stephanie Marshall ("Marshall email"), and attached as Exhibit A
to this Order, making the last day on which the County shall take final action on these applications August 20,
2019; and
WHEREAS, the Applicant has requested a re -opening of the public hearing record for the submittal of
written materials via the Marshall email, and
WHEREAS, the Board has determined that additional testimony and information regarding this matter is
of paramount importance in this proceeding; and
WHEREAS, the Board may at its discretion reopen the record in accordance with DCC 22.24.160; and,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The record on file numbers 247 -18 -000504 -AD, 247 -18 -000505 -AD, 247 -18 -000506 -SP
and 247-19-000178-A shall be reopened on June 14, 2019, for written evidence and argumentation.
Section 2. The written record for all parties for new evidence and argumentation is extended to 5:00
p.m. June 21, 2019, but only for written evidence and argumentation.
Section 3. The written record of all parties is extended to 5:00 p.m. June 28, 2019, but only for
response to the evidence and argumentation per Section 2.
Section 4. The written record for final argument by the Applicant is extended to 5:00 p.m. July 5,
2019.
Section 5. The Planning Division shall give written notice to all parties that the record is being
reopened, in accordance with DCC 22.24.160(B)(2).
//1
Page 1 of 2- ORDER NO. 2019-013
Dated this
AT
ording ecretary
EXHIBIT A — S. Marshall email dated May 8, 2019
Page 2 of 2- ORDER NO. 2019-013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, 1 ' yGON
PHILIP G. HE
ttt,'
DERSON, Chair
PATTI ADAIR, Vice Chair
atZho\----
ANTHONY DEBONE, Commissioner
Exhibit A, ORDER No.2019-01L
Jacob Ripper
From: Stephanie Marshall <stephanie@bennulaw.com>
Sent: Wednesday, May 8, 2019 12:51 PM
To: Adam Smith
Cc: Amanda La Bell; Jacob Ripper; Mark Weisheit
Subject: Re: Weisheit Applications - Request for Extension of Record
Yes, thank you Adam.
On Wed, May 8, 2019 at 12:46 PM Adam Smith <Adam.Smithndeschutes.org> wrote:
Stephanie ,
Following up our phone conversation today at roughly 12:30 pm, please confirm that you agree to toll the clock from
today, 5/8/19, to 6/14/19 (a total of 58 days) based on the Board's verbal agreement to re -open the record. The record
will thereby be re -opened for 7 days for any evidence from 6/14/2019 to 5:00 pm on 6/21/2019, followed by a 7 -day
rebuttal period from 6/21/19 to 5:00 pm on 6/28/19, followed finally by a 7 -day period for the applicant to submit final
legal argument from 6/28/19 to 5:00 pm on 7/5/2019. After 7/5/2019, the clock will again start ticking with whatever
time is currently left.
Staff will proceed with drafting a Board order reflecting the aforementioned time frames, but for the_record please
reply that you concur with these dates.
Thanks,
-Adam
D. Adam Smith
Deschutes County Assistant Legal Counsel
1300 NW Wall St., Suite 205
Bend, OR 97703
Phone: (541) 388-6593
Fax: (541) 617-4748
adam.smithAdeschutes.orq
THIS ELECTRONIC TRANSMISSION, INCLUDING ANY ATTACHMENT HERETO, IS CONFIDENTIAL AND
PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND/OR OTHER
PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IN THIS
TRANSMISSION IS INTENDED ONLY FOR USE OF THE INTENDED RECIPIENT. IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT
YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS
1