HomeMy WebLinkAboutReview of Permits - EitelDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org;
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 21, 2010
Please see directions for completing this document on the next page.
DATE: April 29, 2010
FROM: Kevin Harrison CDD Phone #385-1401
TITLE OF AGENDA ITEM:
Oral legal arguments for an on the record review of File Nos. LL10-15 and LM10-17, land use permits
issued to Matthew and Cara Eitel which granted approval of a landscape management site plan for t he
construction of a detached garage/shop, and a lot line adjustment. The Board of County Commissioners
will not accept new evidence.
PUBLIC HEARING ON THIS DATE? YES, but only to allow oral legal arguments.
BACKGROUND AND POLICY IMPLICATIONS:
The Eitels submitted applications on March 22, 2010 for site plan review of a detached garage/shop and
a lot line adjustment in order to resolve a code violation (C-10-6). The detached garage/shop structs tre
was partially constructed by the Eitels without benefit of necessary land use permits. The position ( f
the partially constructed garage/shop structure did not meet the required setbacks of the RR -10 zone;
therefore, a property line adjustment with the abutting property was also included in the application in
order to provide the required setback distance. Staff granted administrative approval of LM -10-17 and
LL -10-15 on April 8, 2010. The appeal period for these decisions ended on April 21, 2010. The B()CC
voted to initiate review of the decisions on April 14, 2010 and signed Order No. 2010-029 on April 21,
2010. The 150 -day period ends August 28, 2010.
The Board's review will be to decide whether the record before the Board demonstrates that the staf
properly interpreted the county code provisions applicable to these applications.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
As detailed in Order No. 2010-029, the BOCC should conduct a hearing on the record, but allow oral
legal argument regarding the record and not allow new evidence to be submitted either orally or in
writing. The Board may choose to deliberate immediately after the oral arguments or set another d, ite
for the deliberations and decision.
ATTENDANCE: Kevin Harrison
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