TENTH ASSIGNMENT OF ERROR <br />The Hearings Official made a decision that was not supported by substantial, <br />probative and reliable evidence in the whole record; and the Decision <br />improperly construed the applicable law. <br />The following identifies specific errors the Hearings Official made that <br />contributed to the two assignments of error, above. <br />SUBASSIGNMENT OF ERROR 10.A <br />The Hearings Official erred by not adequately considering the preponderance <br />of evidence and analysis in the "Constitutional Findings for Exaction" <br />produced by the Eugene Public Works Department (PWD). See Conte 10/9 <br />pages 6 to 10 for a full discussion of the PWD analysis and conclusions. <br />In a similar fashion, the Hearings Official erred by not adequately considering <br />the substantial evidence and analysis provided by PWD regarding the <br />necessary improvements to Oakleigh Lane to "separate pedestrians from <br />vehicles and provide a safe public walking surface for the residents of the <br />proposed development." See Staff Report page 13: <br />"Public Works staff indicates that the applicant's proposal is sufficient to <br />accommodate the turnaround, but not the area necessary to extend the sidewalk <br />along the south side of the turnaround, to separate pedestrians from vehicles and <br />provide a safe public walking surface for the residents of the proposed <br />development. " <br />In both cases, the Hearings Official unreasonably concluded that this <br />evidence and analysis had no applicability to safety, convenience, comfort or <br />capacity considerations for any part of Oakleigh Lane other than the short <br />segment at the very end of this dead-end access lane, immediately adjacent to <br />the development site. <br />The Hearings Official erroneously concluded that, because the PWD evidence <br />and analysis was used only to justify exactions from the applicant, that the <br />evidence and analysis had no relevance beyond the development site. <br />This is obviously an error. If the portion of Oakleigh Lane adjacent to the <br />development must be widened and improved to ensure the safe, convenient <br />and/or comfortable accommodation of vehicular, bicycle and pedestrian <br />traffic on Oakleigh Lane after the development is built, then the long stretch <br />of Oakleigh Lane between River Road and the development site would also <br />have to be widened and improved in a corresponding manner to ensure the <br />safe, convenient and/or comfortable accommodation of vehicular, bicycle and <br />pedestrian traffic on Oakleigh Lane. <br />Appeal Statement PDT 13-1 18 November 22, 2013 <br />