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Court of Appeals Decision
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Last modified
4/27/2017 4:32:35 PM
Creation date
7/21/2015 10:26:44 AM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Appeal Decision
Document_Date
2/19/2015
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Yes
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178 Oakleigh-McClure Neighbors v. City of Eugene <br />ARMSTRONG, P. J. <br />Petitioners Paul Conte and Simon Trautman seek <br />judicial review of a final order of the Land Use Board of <br />Appeals (LUBA), affirming, in part, a decision by the City <br />of Eugene (the city) to grant approval to Oakleigh Meadows <br />Co-Housing, LLC (applicant) for a tentative planned unit <br />development. In their first assignment of error on review, <br />petitioners contend that LUBA erred in denying a motion <br />by petitioner Trautman to intervene; they also raise two <br />assignments of error as to the merits of LUBA's final order.' <br />Because we agree with petitioners that LUBA erred in deny- <br />ing Trautman's motion to intervene, we reverse and remand <br />LUBA's order on that basis. That disposition, in turn, obvi- <br />ates the need for us to address petitioners' other assign- <br />ments of error. <br />We limit our discussion of the facts to those perti- <br />nent to our consideration of LUBA's denial of Trautman's <br />motion to intervene. Those facts are undisputed. Applicant <br />applied to the city for tentative planned unit development <br />(PUD) approval for a multi-unit residential development <br />on 2.3 acres of land zoned low-density residential. The <br />city's hearings official held a hearing on the application. <br />Trautman did not appear at the hearing but submitted writ- <br />ten testimony in a letter opposing the development. The let- <br />ter included an address on Oakleigh Lane, which is approx- <br />imately 275 yards from the proposed development and is <br />owned by Trautman's mother-in-law.2 On November 12, <br />2013, the hearings official approved the application, subject <br />' Specifically, in their second assignment of error, petitioners contend that <br />"LUBA Misconstrued the Requirements of [Eugene Code] 9.8320(5) and (6) <br />and Failed to Enforce the Requirement for `Safe and Adequate Transportation <br />Systems' and to prevent a 'Significant Risk to Public Health and Safety."' In their <br />third assignment of error, petitioners contend that "LUBA Erred in Concluding <br />that the City Had Imposed a Dedication for the Right-of-Way for the Portion of <br />the Property Adjacent to the Proposed PUD that Satisfied the Requirements of <br />[Eugene Code] 9.8320(5)(a)." <br />2 In its brief on judicial review, applicant argues that Trautman did not <br />identify his physical address in his letter testimony. However, the letter states, <br />"We bought the residence at 109 Oakleigh Lane * * Indeed, the city eventually <br />mailed notice of the city's decision to Trautman at that address. Applicant also <br />asserts that Trautman was not living at the Oakleigh Lane address at the time, <br />but was in Idaho. We fail to see-nor does applicant explain-the relevance of <br />that fact to our analysis of petitioners' assignment of error. <br />
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