HomeMy WebLinkAboutOrder 014 - Reopen Hearing on Simpson ApplicationDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 18, 2013
Please see directions for completing this document on the next page.
DATE: March 15,2013
FROM: Cynthia Smidt Department CDD Phone 317-3150
TITLE OF AGENDA ITEM:
Consideration of Approval of Order No. 2013-014, An Order Re-opening the Public Hearing on
application nos.File Numbers MA-12-lIAD-II-II(Steve and Kathy Simpson).
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Steve and Kathy Simpson submitted the request for two farm-help dwellings in the Exclusive Farm Use
zone. The Planning Division approved the application by decision dated December 28, 2012. A public
hearing before the Board occurred on February 25,2013. The written record was left open to March 4,
2013 for additional comments/submittals and March II for rebuttal by all parties. The applicant was
granted final argument until March 18. Staff submitted new information on March 7 as requested by
Jerry Aplin on March 4. The Board will need to open the written record to be able to take into
consideration the staffs submittal and to provide additional time for the applicant to make final
arguments. Reopening the record through Board Order 2013-014 would allow a period of7 days from
March 18 for rebuttal by all parties (March 25). The deadline for final argument would be April 1,
2013.
FISCAL IMPLICATIONS:
The cost of written notice to the parties of the reopened record
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board re-open the public hearing to take written testimony submitted by staff
and for any further testimony on issues of concern from all parties.
ATTENDANCE: Cynthia Smidt, Nick Lelack
DISTRIBUTION OF DOCUMENTS:
Cynthia Smidt
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Re-opening the Public Hearing on File *
Numbers MA-12-IIAD-II-ll ORDER NO. 2013-014 *
WHEREAS, pursuant to Deschutes County Code 22.24.160, the Deschutes County Board ("Board") of
Commissioners may, at its discretion, reopen the record on land use application hearings; and
WHEREAS, the Board has determined that additional testimony and information regarding Code
Enforcement file C 11-28 is of paramount importance in this proceeding; and
WHEREAS, the public hearing on file numbers MA-I2-11 AD-II-II was previously closed and needs to
be reopened to take additional testimony; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section l. The public hearing on file numbers MA-12-11 AD-ll-ll shall be reopened for written
evidence, but only for the purpose of submitting into the record the documents from and for taking additional
testimony regarding Code Enforcement file C 11-28.
Section 2. The written record for rebuttal of all parties is extended to 5:00 p.m. March 25, 2013,
but only for response to the evidence submitted per Section I.
Section 3. The written record for final argument by the applicant is extended to 5:00 p.m. April 1,
2013.
III
I
I
PAGE I OF 2 -ORDER NO. 2013-014
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Section 4. The Community Development Department shall notify all parties to the applications of
the reopened public hearing.
Dated this of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DEBONE, Commissioner
PAGE 2 OF 2 -ORDER NO. 2013-014