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<br />~pw <br /> <br />BEFORE THE BOARD OF COMMISSIONERS <br />FOR MARION COUNTY, OREGON <br /> <br />In the Matter of the <br /> <br />Case No. ADM 01-2 <br /> <br />Application of: <br /> <br />Clerk's File No. 4840 <br /> <br />Daniel M. Smith <br /> <br />Administrative Review <br /> <br />ORDER 0 \- I(j... <br /> <br />This matter came before the Marion County Board of Commissioners at a public hearing held on <br />June 6, 2001, to consider the appeal of the Hearings Officer's denial of the application of Daniel M. Smith <br />for an administrative review to determine if approximately 4.47 acres consists of seven separate legal parcels <br />in the UfF (URBAN 1RANSmON FARM) zone on property located at the northern terminus of Third <br />Street, St. Paul, Marion County, Oregon. <br /> <br />On February 7,2001, the Marion County Hearings Officer conducted a hearing on this application. <br />The record remained open until February 28, 2001 for the submission of additional information. On March <br />26,2001, the Hearings Officer issued a decision fmding that the applicant had not met the burden ofproving <br />compliance with the applicable criteria and denied the Administrative Review application. On AprilS, 200 I, <br />the applicant appealed the Hearings Officer's decision. <br /> <br />On Apri12S, 2001, at its regularly scheduled meeting the Board accepted the appeal and scheduled <br />a public hearing for May 16,2001. On May 16, 2001, at its regularly scheduled meeting the Board continued' <br />the hearing to June 6, 2001. On June 6, 2001, the Board held a duly advertised public hearing. <br /> <br />The Board, after having thoroughly reviewed the Planning Director's and Clerk's files, hearings <br />Officer's decision, and the testimony and evidence in the record makes the following Order: <br /> <br />IT IS HEREBY ORDERED that the Board adopts the Findings of Fact and Additional Findings of <br />Fact and Conclusions of Law contained in Section IV and V of the Hearings Officer's Order dated March <br />26,2001, (Exhibit A attached), as its own and affirms the decision of the Hearings Officer order DENYING <br />the Administrative Review. L't'h <br /> <br />DATED at Salem, Oregon this~daYOf 7"f V\,hfí? ¿ <br /> <br /> <br />!!ffi!Z~ :~t7~ . <br /> <br />Chair <br /> <br />.2001. <br /> <br /> <br />JUDICIAL NOTICE <br /> <br />on,,\ ,:Ue{k... <br />è'f...', "Ç'1~",\Ì, N? <br />ß oc.. <br /> <br />Oregon Revised Statutes, Chapter 197.830, provides that land use decisions may be reviewed by the Land <br />Use Board of Appeals by filing a notice of intent to appeal within 21 days from the date this Order becomes <br />final. <br />