Hearings Official Decision - Laserfiche WebLink

EC 9.8815(4) and (5), there is no specific, pre-determined or adopted setback from the river The /WR conservation area at this location is greater than the typical 100-foot setback from top-of-bank along the Willamette River; here, the adopted riparian area boundary extends landward beyond the 100-foot setback from top of bank. Staff found that the /WR conservation area does not extend onto the subject property. As shown on Attachment A, the subject property is at least 53 feet from the boundary of the regulated resource area. Documents Considered by the Hearings Official The Hearings Official has considered all the documents listed above and all the submissions into the record prior to Rules not Considered by the Hearings Official Prior to discussing the applicable criteria under EC 9.8320 and 9.8800 the Hearings Official considers it important to identify various state and local rules that do not apply to this application. The Statewide Planning Goals adopted by the Land Conservation and Development Commission do not apply directly to this application. The Metro Plan provisions in Eugene Code, Chapter 9 have been acknowledged as complying with the Statewide Planning G The Lane County Code is a separate and discrete set of rules that do not apply within the City of Eugene. See PT-22. The Metro Plan goals and objectives do not apply directly to this application. However, applicable Metro Plan and EC 9.8815(3). Metro Plan goals and objectives may be used as context for understanding Metro Plan policies, but those goals and objectives did not apply directly. PUD Tentative Plans. Typically, purpose statements are not considered approval criteria. ğƷƷƭ ǝ͵ /ƌğĭƉğƒğƭ /ƚǒƓƷǤ, 51 Or LUBA 166, 172 (2006). The one exception is when an applicable approval criterion explicitly requires consistency with the purpose statement. That is the case with respect to EC 9.8320(11)(k). The Lower River Road Concept Plan does not contain applicable approval criteria. Although the plan might be considered as context for understanding other related planning provisions, it is not intended to apply directly to individual land-use applications. EC 9.8010. The proposed co- housing buildings take a physical form similar to apartments or multifamily dwellings and will be Hearings Official Decision (PDT 13-1, WG 13-1) 6