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SUBASSIGNMENT OF ERROR 8.A The Hearing Official erred in his calculation of the net density area pursuant to EC 9.2751.. For example, on page 35 of the decision, The Hearings Official excludes all easements from that calculation. The net density provisions are intended to determine the amount of land that is available to build; because buildings are not allowed within easements and areas dedicated for water, sewer, street and similar public services, those areas must be excluded from the calculation. SUBASSIGNMENT OF ERROR 8.13 The Hearings Official erred in his understanding of the concept of "clustering" under EC 9.8300(1)(e). As the Hearings Official noted, the code specifically allows for clustering; however, even a cursory review of the site plan demonstrates that what is proposed is not "clustering" of buildings. The buildings and development have been pushed out to the edge of the property requiring modifications to the setbacks on three sides of the property. This is not clustering but imposing the negative impacts of the development onto the adjacent property. True clustering would reduce the need for modifications to setbacks. NINTH ASSIGNMENT OF ERROR The Decision erred by finding the application met the following approval criterion: EC 9.8320(11) (k) All other applicable development standards for features explicitly included in the application except where the applicant has shown that a proposed noncompliance is consistent with the purposes set out in EC 9.8300 Purpose of Planned Unit Development. 9.2795 Solar Setback Standards The Hearings Official erred in his interpretation of the solar setbacks pursuant to EC 9.2795. Although the solar setbacks may be modified, the Hearings Official is required to understand the extent of the modification to determine if it is consistent with the purposes of the PUD ordinance. The error made by the Hearings Official was to measure the solar setback from the existing property line rather than the property line established by the required dedications. Appeal Statement PDT 13-1 17 November 22, 2013