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Kearns could not be reached by press time to say whether or not he and Smith had filed the Converse Suede Boots

Smith will have to apply for another conditional use permit, her third, if she wants to continue work on the barn, city officials have told Smith multiple times.

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Unless there are record objections, Smith has until July 29 to file a petition for review, or the case is dismissed. After the petition is filed, the city will have 21 days to file a response brief. After that, a hearing will be held before the three member board in Salem.

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The city can grant a six month extension on a conditional use permit if substantial completion has occurred, Watts said. Smith already was granted an extension in October. Her permit expired April 26, and she requested another extension.

Smith initiated the appeal process June 16 when she submitted a notice of intent to appeal to LUBA through her attorney, Daniel Kearns, of Portland. The city had 21 days to file its report.

petition or made any record objections.

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´╗┐Gearhart responds to state appeals board

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The city of Gearhart filed its report with the Oregon Land Use Board of Appeals in response to resident Shannon Smith's appeal.

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The city turned in the report July 8, the deadline for submitting the compilation of documents relative to the case.

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use permit, claiming that she had completed substantial work on the building before the permit expired, according to the notice of intent to appeal.

action to appeal.

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Smith is challenging the city's position that she must seek another conditional use permit to complete work on her historic livery stable. Smith is seeking an extension of her current conditional Converse All Star Black

"Beyond the one six month extension there is no opportunity for the city to grant an additional extension," Watts said. ". The city's position is that the question of 'substantial completion' is only relevant in deciding whether Converse Chuck Taylor 2 Low White or not to grant the one permissible extension. That extension was granted this past fall."

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The topic was discussed at Gearhart City Council's meeting May 7, and the discussion continued to a June 4 meeting. At that time, a motion was made by City Councilor Dan Jesse to grant the extension, but there was no second. Gearhart's position, according to city attorney Peter Watts, is that "the expiration of the permit was not a land use decision," and the city did not make a decision or take action at the June 4 meeting, so there is no Converse All Star Leather White Uk

No decision made

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