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■ <br /> Mike McKerrow November 5, 2002 Page 2 <br /> Discussion: <br /> In 1994 this office advised the City that, because an extension for a PUD permit had not been <br /> received prior to the expiration of the PUD, the PUD permit had lapsed and the City should deny any <br /> request for an extension. We found no change in case law or statute that would support a different <br /> conclusion regarding the extension of tree permits. Once a tree permit expires it becomes void. <br /> See Willhoft v. City of Gold Beach, 38 Or LUBA 375 (2000) (holding that a CUP permit expired <br /> before an attempt to extend it, thus the permit was void). A voided (or lapsed) permit is the same <br /> as no permit at all, thus, there is nothing for the City to extend. <br /> Extending these expired tree permits would be inconsistent with past practice and establish <br /> an undesirable precedent for the City. Because neither the Administrative Rule nor the Code address <br /> extending a permit after it has expired, the City has no identified basis upon which an expired permit <br /> extension request may be granted or denied. How long after a permit is expired is too long for the <br /> City to grant an applicant an extension? Further, what criteria, if any, would an applicant need to <br /> meet to have an expired permit extended? These questions, not addressed by the Code or the <br /> Administrative Rule, are sure to arise when other applicants seek to extend expired permits. <br /> Extending THE -0114 and THE -0123 without any extension criteria in place will make it difficult for <br /> the City in the future to deny an extension request from another applicant with an expired permit. <br /> Accordingly, unless and until the City adopts regulations establishing the basis upon which an <br /> expired permit may be extended, it should not consider the extension of these expired permits. <br /> Conclusion: <br /> Permits THE -0114 and THE -0123 are expired and became void on September 5, 2002, and <br /> September 27, 2002, respectively. Accordingly, we recommend that the City not extend the two <br /> permits. <br /> HARRANG LONG GARY RUDNICK P.C. — <br /> CITY ATTORNEYS <br /> . 7a 'Fif."7 <br /> K 1 ryn P. Brotherton <br /> KPB /gb <br /> cc: Mark Snyder <br /> Johnny Medlin <br />