HomeMy WebLinkAboutOrder 022 - Extend Decision Time - Kennel�vCES02C
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Deschutes 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 RE9UEST & STAFF REPORT
For Board Business Meeting of March 24, 2008
Please see directions for completing this document on the next page.
DATE: March 19, 2008
FROM: Chris Bedsaul, Associate Planner. CDD 383-6719
TITLE OF AGENDA ITEM:
Signature of Order 2008-022 approving a one year extension of a Board decision on whether or not to
hear an appeal of the Hearings Officer's denial of File No's. MA-07-5/TP06-983 for a 7 lot subdivision
proposal by Delmar and Deloris Kennel.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The Kennels applied for a tentative plat approval for a seven lot subdivision in the Exclusive Farm lJse
- Alfalfa (EFUAL) zone following approval of a measure 37 waiver. The Hearings Officer denied the
request to create the seven new lots eligible for single-family dwellings due to failure of the applicant to
demonstrate that the proposed subdivision satisfies ORS 215.263 (1973 ed.) or statutes and case law
pertaining to the siting of dwellings on EFU land.
The applicant agreed to waive the 150 -day decision clock in the appeal of the Hearings Officer's denial
of File No's. MA-07-5/TP06-983 for a 7 lot subdivision proposal. On March 12, 2008, the Board
deliberated and approved a one year extension of a Board decision on whether or not to hear an appeal
submitted by Delmar and Deloris Kennel.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board sign Order 2008-022.
ATTENDANCE: Chris Bedsaul.
DISTRIBUTION OF DOCUMENTS:
Copy of the Order to Chris Bedsaul ASAP.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Delaying The -Board Of
Commissioners' Decision For Approving or
Denying Appeal A0716 of The Hearings Officer
Denial of MA075 and TP06983
*
*
*
ORDER NO. 2008-022
WHEREAS, on October 16, 2007, the Deschutes County Hearings Officer issued a decision for the
Delmar and Deloris Kennel subdivision to deny MA075 and TP06983; and
WHEREAS, on October 16, 2007, the Deschutes County Hearings Officer issued a decision to deny MA075 awl
T12&6983. a„d
and
and
WHEREAS, the Hearings Officer's decision for MA075 and TP06983 was mailed on October 18, 2007;
WHEREAS, aAppeal A0716 was filed in a timely manner on October 30, 2007 by the applicant's attorney;
WHEREAS, the applicant's attorney, Robert Lovlien, by a letter dated December 19, 2007, requested
the Board delay any decision on whether or not to hear A0716 for a period of ninety (90) days from December
19, 2007; and
WHEREAS, -the applicant's attorney stated in the "Notice of Appeal” for A0716 that the 150 -day rule
was waived until the Board of County Commissioners ("Board") made a decision in this caste -by
WHEREAS, the applicant's attorney, by a letter dated December 19, 2007, requested the Board dc4y
any decision on whether or not to hear A0716 for a period of ninety (90) days from December 19, 2007; and
WHEREAS, the ninety (90) day extension period requested by the applicant's attorney ended on March 10,
2008 and the Board scheduled a meeting on whether to hear A0716 on March 12, 2008; and
WHEREAS, the applicant's attorney submitted a letter dated March 10, 2008; and received by the
County on March 12, 2008, requesting that the Board grant a second delay of the appeal decision period until
such time as an appropriate court decision has been rendered regarding Ballot Measure 49 and the -apple
again has waivinged the 150 -day rule deadlineas required by DCC 22.32; and
WHEREAS, the Board deliberated on the applicant's request and approved a delay of a -one (1) y gar,
time-per-ied-from March 12, 2008 to March 11, 2009, date en which the Board will in decidinge whether to 1,ear
A0716; now, therefore,
PAGE 1 OF 3- ORDER NO. 2008-022 -(03/12/08)
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
follows:
thcrc f .., don't n.m1 t cm)/ / /
PAGE 2 OF 3- ORDER No. 2008-022 -(03/12/08)
Section 1.
to March 161
The Board decision on whether or not to hear A0716 for MA075 and TP06983 is extended
,-2009.
DATED this day of , 2008.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE , Chair
TAMMY MELTON, Vice Chair
Recording Secretary MICHAEL M. DALY, Commissioner
PAGE 3 OF 3- ORDER No. 2008-022 -{03/12/08)