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1995-37225-Order No. 83-167 Recorded 5/11/19836 PACE 738 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Calling Up For Review a Certain Decision of the Bend Urban Area Planning Commission Relating to * 95-3'7225 Variance V-82-28. MARY SUE PENj��LLOW, Co. CLERK ORDER NO. 83-167 WHEREAS, on April 25, 1983, the Bend Urban Area Planning Commission made a decision relating to Variance V-82-28 concerning the provision of sidewalks on the West side of the Division Street extension; and WHEREAS, the decision of the Bend Urban Area Planning Commission provides that sidewalks must be built by January 1, 1985; and WHEREAS, the Board of County Commissioners of Deschutes County have considered the decision of the Bend Urban Area Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. That that certain decision of the Bend Urban Area Planning Commission dated April 25, 1983, marked Exhibit "A", attached hereto and by this reference incorporated herein, is hereby called up for review pursuant to Section 21 of Ordinance 82-011, Deschutes County Uniform Land Use Procedure Ordinance. DATED this day of 1983. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: �40 SU AN STONEMAN Recording Secretary LA 1 - ORDER NO. 83-167 . SUNG,/,cna TE, Commissioner E A. 'TUTTT, Commissioner 11 1995 EXHIBIT "A" va 46 PAGE 71-1-9 COURTHOUSE ANNEX • BEND, OREGON 97701 APR 26 1993 BUILDING SAFETY 1388-6575 • ENVIRONMENTAL HEALTH 1388-656,1eschuts CoUrRWhftjG 1388-6556 April 25, 1983 Deschutes County Department of Public Works ?/ APR 1983 Neil Hudson, Director� MAILED61150 S. E. 27th Street �4r GESCMMco Bend, Oregon 97702 �> RE. Variance V-82-28 Dear Mr. Hudson: -Z- On March 28, 1983, the Bend Urban Area Planning Commission heard the appeal of the Deschutes County Hearings Officer's decision relating to Variance V-82-28, a variance application to allow sidewalks on the west side of the Division Street extension. The Bend Urban Area Planning Commission voted to overturn the Hearings Officer's decision to deny the variance application. In support of its decision to approve the variance with the condition that sidewalks shall be installed by January 1, 1985 on both sides of the street at the County's expense, the Bend Urban Area Planning Commission adopted the following findings: 1. The 60 foot right of way is not sufficient to built a 48 ° foot street with bicycle lanes and sidewalks on both sides of Division Street. 2. Slope easements will be r,,equired to build sidewalks on the east side of Division Street. 3. Slope easements or additional right of way can be required with any land use permit approved along Division Street. 4. Negotiation for slope easements could take approximately one year to complete. 5. There is an immediate need to complete the southern portion of Division Street. 6. Division Street is designated as a proposed arterial on the Bend Area General Plan. V-82-28, Page 1 VOL 46 PACE 710 7. As the area develops, sidewalks will be necessary on both sides of the street. 8. Division Street was designed by the City of Bend to city .standards. 9. The extension of Division Street meets the policies of the Bend Area General Plan. The evidence upon which the Bend Urban Area Planning Commission based its decision is summarized in the minutes of the March 28, 1983 hearing marked exhibit "A", and the minutes of the April 11, 1983 meeting marked exhibit "B", attached hereto and by this reference incorporated herein, and the record on appeal. This decision becomes final fifteen (15) days after the date of mailing this letter unless appealed to the Board of County Commissioners. 641X�V- Barry laughter, President Bend Urban Area Planning Commission cc:Board of County Commissioners City of Bend 'Richard.Isham.. 10 v-82-28, Page 2