HomeMy WebLinkAboutExhibit 2
BEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND, STATE OF OREGON
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IN THE MATTER OF AN APPLICATION FOR A
PHYSICAL CONSTRAINTS REVIEW PERMIT
FOR THE PURPOSE OF CONSTRUCTING A
SINGLE FAMILY DWELLING ON LAND ZONED )
R-1-7.5, CLASSIFIED AS HILLSIDE LANDS AND)
WITHIN A RESIDENTIAL HISTORIC DISTRICT )
IN ASHLAND, OREGON )
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Sidney and Karen DeBoer: Applicants )
OBJECTION TO
JURISDICTION OF CITY
COUNCIL TO HEAR
APPEAL
Planning Action 2003-118
Applicants object to the jurisdiction of the City Council to hear this appeal and request that the appeal be
dismissed, and that the City Council decline to hear this appeal and terminate the public hearing.
Applicants' objection is based upon the following:
1.) This matter is not appealable to the City Council. The Findings adopted by the Hearings
Board became the final decision of the City effective 15 days after the adopted Findings
were signed by the Commission and mailed to the parties on March 10, 2004. Ashland
OR Municipal Code, S 18.1 08.070B 1. The Land Use Board of Appeals has exclusive
jurisdiction to review the final decision of the local government pursuant to ORS
197.825, ct. seq.
2.) The appeal does not comply with Ashland OR Municipal Code S 18.1 08.11 OA2 in that the
appeal notice fails to state any specific grounds for which the decision of the Hearings
Board should be reversed or modified, based upon an applicable criteria or procedural
irregularity. The Appellants' specific grounds for reversal make only vague references to
the City's Comprehensive Plan and discussions held in connection with the adoption of
ALVO Chapter 1862. These vague references fail to state any specific grounds for
appeal based on applicable criteria. The alleged procedural irregularity alludes to the
denial of copies of portions of the application prior to November 3, 2003. The Hearings
Board hearing was held November 12, 2003 and the record kept open for an additional
seven days, a total of 16 days for citizens to review the copies and comment on the
application. This is not a procedural irregularity which justifies appeal.
Dated this 6th day of April, 2004.
F oster Denman, LLP
Attorneys at Law
201 West Main Street, Ste. 400
Post Office Box 1667
Medford, OR 97501
(541) 770-5466 Tel.
(541) 770-6502 Fax
Objection to Jurisdiction of City Council to Hear Appeal
Ashland Planning Action 2003-118
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