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LUBA Materials Volume 1 of 3
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PDT 13-1
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LUBA Materials Volume 1 of 3
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Last modified
4/27/2017 4:32:35 PM
Creation date
7/21/2015 10:49:09 AM
Metadata
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
1/20/2014
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Yes
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The doubling of traffic, which the PWD analysis concludes would create unsafe conditions on <br />Oakleigh Lane cannot reasonably be considered "compatible" or "harmonious" and a PUD of the <br />proposed scale at the end of a substandard, narrow, dead-end road lined on both sides with <br />modest single-family homes falls far short of any reasonable application of EC 9.8320(13). <br />Impermissible evidence must be excluded <br />As explained in the attached letter to the Hearings Official, dated November 8, 2013, the <br />Hearings Official erroneously allowed the impermissible new and non-responsive evidence <br />submitted by the applicant's representatives on October 16, 2013 without providing an <br />opportunity for opponents to respond, despite my timely, written request. <br />The Planning Commission must exclude this evidence and must not rely upon it in their decision. <br />Conclusion <br />For the reasons cited above, the Hearings Official's decision must be reversed and the PUD <br />application denied. <br />Sincerely, <br />Paul T. Conte <br />1461 W. 10th Ave. <br />Eugene, OR 97402 <br />Conte Testimony - December 5, 2013 PDT 13-1 <br />Page 18 <br />274 <br />
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