2001-605-Order No. 2001-0084 Recorded 7/26/2001DESC COUNTY OFFICIAL MARYHSUESPENHOLLOW, COUNTYCLERK Cd 20010505 COMMISSION ERS JOURNAL 07/26/2001 12:23:00 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON Accepting Review of Hearings Officer's * REVIEWED Decision in File No. A-0I-13(CU-00-139) * oZG ORDER NO. 2001-0084 LEGAL COUNSEL WHEREAS, SBA Communications, Inc. has appealed the Deschutes County Hearings Officer's denial of application CU -00-139 submitted by SBA Communications; 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 previously, in Order No. 2001-073 (A-01-13), chose to hear the appeal on the record due, in part, to a lack of a waiver of the 150 day time clock by SBA Communications; and, WHEREAS, SBA Communications has agreed to provide Deschutes County an extension of time under the statutory 150 -day time clock to consider the appeal de novo; and, WHEREAS, the Board has considered that the issues raised on appeal in this matter are similar to those raised by Mericom in its appeal (A-0I-11/CU-00-129) to the Board; and, WHEREAS, the Board has given due consideration as to whether to review these applications on appeal; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, ORDERS as follows: Section 1. That it will rescind Order 2001-073. Section 2. That it will hear on appeal application CU -00-139 (A-01-13) pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use ordinances. The appeal shall be heard de novo. Staff shall set a hearing date and cause notice to be given to all persons or parties entitled to notice pursuant to DCC 22.24.030 and DCC 22.32.030. DATED this 5 d r day of O 1. ') BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON ,.. t Lij Q- v r ATTRA: Recording Secretary (slr-04/00) -P-�ctk� - To olf, Chair n D Innis R. Luke, Commiss'oner Mi ael M. Daly, Co missioner