2021-81-Order No. 2021-008 Recorded 3/5/2021Recorded in Deschutes County CJ2021-81
REVIEWED
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LEGAL COUNSEL
Nancy Blankenship, County Clerk
Commissioners' Journal 03/05/2021 8:37:13 AM
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2021-81
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order to establish procedures for the
reconsideration of File Nos. 247-19-000913- * ORDER NO. 2021-008
LL, 247-19-000914-TP, 247-20-000580-A.
WHEREAS, on January 20, 2021, the Board of County Commissioners ("Board") through
proceedings annotated as File No 247-20-000580-A Affirmed a Hearings Officer's Approval of
Application Nos. 247-19-000913-LL, 247-19-000914-TP submitted by Scott and Carol Ann
Smallwood (the "Smallwoods"); and
WHEREAS, on February 9, 2021, Danielle and Sanders Nye (the "Nyes"), the Appellants,
appealed the Board's decision to the Oregon Land Use Board of Appeals ("LUBA"); and
WHEREAS, to address four documents erroneously excluded from the Board's original
record and as directed by the Board on February 18, 2021, County staff filed a Notice of Withdrawal
pursuant to ORS 197.830(13)(b) and OAR 661-010-0021(1) halting the LUBA appeal and allowing
the Board to reconsider its previous decision; and
WHEREAS, Deschutes County Code ("DCC") 22.34.030 requires a hearing on any withdrawn
decision, but does not specifically clarify procedures to govern that reconsideration hearing; and
WHEREAS, although previously conducting a de novo review, DCC 22.32.027(B)(1) would
have allowed the Board to initially conduct only a "record review" during the original proceedings;
and
WHEREAS, as the likely parties before LUBA, both the Smallwoods and the Nyes jointly
requested that the Board conduct a modified "record review" for the reconsideration proceedings
(currently scheduled for March 10, 2021), wherein no party would be allowed to submit in writing
or orally any new factual information, but any party would be allowed to offer brief oral argument
during the reconsideration hearing; now therefore,
ORDER No. 2021-008
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Pursuant to DCC 22.32.027(B)(1) and 22.32.030(E), the Board's
reconsideration of File Nos. 247-20-000913-LL, 247-20-000914-TP, and 247-20-000580-A shall
consist of a "record review," with the record before the Board on reconsideration including the
four items erroneously excluded from the original record.
Section 2. Contrary to DCC 22.32.030(E) and at the joint request of the Smallwoods and
Nyes to account for the fact that the County initiated the withdrawal proceedings, any party will
be allowed to offer brief oral argument during the hearing. However, the contents of the record
and all other proceedings shall be as dictated by DCC 22.32.030(E), including the prohibition on
any party submitting new factual information in writing or orally. Written transcripts of prior
hearings are not required.
Section 3. At the conclusion of the hearing, the Board may close the hearing and
immediately deliberate, or the Board may deliberate at a later date.
DATED this / day of +c6 , 2021.
ATTEST:
Recordi g Secretary
ORDER NO. 2021-008
BOARD OF COUNTY COMMISSIONERS
ANTHONY DeBONE, Chair
i
PHIL CHANG, Vice Chair
PATTI ADAIR, Commissioner