DIR2010-00004 AV DIRECTOR'S INTERPRETATION
TIGA DIR2010 -00004
DATE: October 4, 2010
CODE CHAPTER: 18.390 Decision- Making Procedures
TOPIC: Development Permit Applications Returning From LUBA
LOCATION: Citywide
I. BACKGROUND
City of Tigard (City) land use decisions that have been appealed to the Oregon Land Use Board of
Appeals (LUBA) are periodically remanded by LUBA or withdrawn by the City or by stipulated
agreement of the City and the other parties to the appeal. In these instances, the original
development permit application, the land use decision which was appealed, is returned for
reconsideration by the City. Due to the timeframes of the LUBA appeal process, situations can arise
where the original applicant and /or owner are no longer able or desirous of pursuing the
application. At present, the Tigard Development Code (I'DC) does not address how the City is to
proceed in such matters. Because of this ambiguity, this Director's Interpretation is being issued to
provide for proper due process and efficient resolution of such situations.
II. INTERPRETATION
When a City land use decision that has been appealed is remanded by LUBA, withdrawn by the City,
or withdrawn by the consent of the parties to the appeal, the following procedures shall be taken
prior to reconsideration by the City:
1. Within five days of receipt of the LUBA remand or withdrawal order, the City shall provide
written notice both by certified mail and uncertified first class mail to the original applicant,
property owners, and all parties involved in the LUBA appeal. This notice shall include a
copy of the LUBA order, a copy of this Director's Interpretation, and the City's current land
use file number for the subject application before the City pursuant to the LUBA order.
2. Within thirty -five (35) days following mailing of notice from the City pursuant to the above
Section 1, the applicant and /or property owner must provide written notice to the City
stating their intent to pursue a City decision on the subject application pending before the
City.
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3. If written notice is not received by the City within the thirty -five (35) days following mailing
of the notice, pursuant to Section 2 above, the City shall dismiss the subject application as
void due to the lack of an applicant pursing the application. The City shall provide timely
notice of such dismissal to LUBA within the timeframe required by LUBA.
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Ronald B. Bunch, Community Development Director Date
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