. ARNOLD CALLAGHER PER~ELL <br />R~ B E RTS ~ & PITT E R <br />A Professior~a! Corporation <br />- ATTORNEYS AT LAIN <br />800 U.S. Bank Center Telephone; X541) 484.0188 Cvrrespvndence; 800 Willame8e Streek Facsimile; ~541~ 484.0536 P,~, Box 1758 <br />Eugene, QR 97401 E-Mail; mreeder(a~agsprp,com Eugene, O8 97440-1758 <br />www.arnoldgallagher,com <br />MICH~AI. M. R~~DBR <br />August 15, 2011 ~ a <br />Land Delivered and Via Email <br />AUC ~ 5 <br />Planning Commission <br />clo Steve Ochs, Associate Planner ~„~M~~~ . CITY CF <br />Eugene Planning and Development PLr;I'dNl~~~C l~I~~~ICN <br />Atrium Building ~ ~ <br />99 west 10~' Avenue <br />Eugene, Oregon 97401 <br />Re: Narthgreen Property, LLC Appeal Statement <br />AT~T Mobility Cell Tower - Oakway Golf Course PDT 10-2 & CU 111} <br />Ladies and Gentlemen; <br />w <br />I represent Northgreen Property, LLC ~"Northgreen"}, the owner of the Northgreen <br />Apartments located at 1800 Cal Young Road, Eugene; Map 17-03-20-23, Tax Lot 9200 the <br />"Northgreen Property"}, My client opposed the AT&T Mobility Cell Tower consolidated <br />Application, PDT 10-2 and CU 11-1 the "Application"}, The City ofEugene the "City"}Hearings <br />Official issued a decision on August 3, 2011 the "HO Decisive"}, that approved, with conditions, <br />the tentative PUD and CUP application and denied the variance request to allow ancillary facilities <br />above ground. <br />Please accept this letter as Northgreen's appeal statement to the Planning Commission <br />required by Eugene Code ~"EC"} 9.7b55~3}, Y have attached to this letter the appeal form <br />accompanied with the required appeal fee in the amount of $12,045.45, <br />On June 15, 2011, I testified on behalf of Northgreen at the Hearings Official hearing, and <br />submitted written comments in regard to the original combined application on July 6, 201 1, <br />Northgreen appeals the HO Decision to the Planning Commission for the following reasons: <br />1. Appeal Fee Issue--ORS 227.1 Sad 1 }~c~ <br />.The City's appeal fee far this appeal, set at 50% of the application fee, is contrary to state <br />law, which applies directly in this process, State statutes govern this. ORS 227.180(1}~c}says, in <br />PC Agenda -Page 19 <br />