HomeMy WebLinkAboutOrder 023 - Decline Review - Thornburgh AppealIDeschutes County Board of Commissioners f1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 9, 2012
Please see directions for completing this document on the next page.
DATE: May 1,2012
FROM: Kevin Harrison CDD 541-385-1401
TITLE OF AGENDA ITEM:
Consideration of Signature of Order No. 2012-023, declining review of an appeal of the Hearings
Officer's decision on DR-I 1-8, a ruling that the conceptual master plan for Thornburgh Destination
Resort has been initiated.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Hearings Officer issued a decision in file No. DR-11-8 that the conceptual master plan for
Thornburgh Destination Resort has been initiated because the conditions of approval have been
substantially exercised and fully complied with. This means that the approval of the conceptual master
plan cannot expire.
The appellant disagrees with the Hearings Officer's decision, citing five assignments of error and
requesting de novo review by the Board. The appellant's arguments are detailed in file no. A-12-1 and
were discussed by the Board in a work session on April 30, 2012.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
The Board should move signature of Order No. 2012-023, declining review of an appeal of the
Hearings Officer's decision on DR-I 1-8.
ATTENDANCE:
Kevin Harrison, Principal Planner
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DISTRIBUTION OF DOCUMENTS: i
IKevin Harrison, CDD
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REVIEWED
LEG~UNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying Review of the Hearings *
Officer's Decision on File No. DR-I 1-8. ORDER NO. 2012-023 *
WHEREAS, on April 23, 2012 Annunziata Gould filed an appeal of the Deschutes County Hearings
Officer's approval of application DR-I 1-8 submitted by Loyal Land, LLC; and
WHEREAS, Section 22.32.035 of the Deschutes County Code allows the Board of County
Commissioners discretion on whether to hear appeals of the Hearings Officer's dec isions; and
WHEREAS, the Board has given due consideration as to whether to review this application on appeal;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will not hear on appeal application A-12-1 pursuant to DCC 22.32.035, and that
the Hearings Officer's decision becomes final upon mailing ofthis order to the parties.
Section 2. Pursuant to DCC 22.32.015, there will be a refund of $2,052.00 ofthe appeal fees paid.
Dated this 7th day of May, 2012 BOARD OF COUNTY COMMISSIONERS
OFDESCHUTESCOL~TY,OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
PAGE 1 OF 1-ORDER No. 2012-023 (5/7/12)