"The constitutional findings in the Public Works referral comments are limited to <br />justification for a proportional right-of-way exaction along the frontage of the subject <br />property that would accommodate future public street improvements." Planning <br />Commission Final Order dated December 13, 2013 at 4. <br />Whether or not the only way that Public Works used their own analysis of Oakleigh Lane was <br />to justify the exaction of a 22.5-foot right-of-way, their findings regarding the public's safety <br />were unambiguous Oakleigh Lane must have a 45-foot right-of-way to ensure the public will <br />be assured of safe access. Here it is again in black-and-white: <br />"Without the additional right-of-way, Oakleigh Lane cannot be improved to the City's <br />minimum street design standards13 and the 168 new vehicle trips per day generated by <br />the proposed development, along with the additional pedestrian and bicycle traffic <br />generated by the proposed development; will not be assured of safe access via Oakleigh <br />Lane." PH-30 at 3. <br />Note that nowhere at all in the Hearings Official's decision (or in the Planning Commission's <br />prior decision or the City's LUBA brief) is there any claim that Dolan actually prevents the City <br />from requiring that Oakleigh Lane have a minimum 45-foot right-of-way along the <br />development frontage. Instead, the valid claim that Dolan limits the right-of-way exaction has <br />simply been repeated in findings regarding the required Oakleigh Lane right-of-way, as if Dolan <br />applied. But, as LUBA made clear in Stockwell v. Benton County, Dolan does not apply to a <br />requirement that Oakleigh Lane have an adequate right-of-way because that requirement <br />would not be a "taking." <br />The applicant's attorney also claimed that "the City Public Works staff [has] answered" <br />"the question of how the City intends to get to a 45-foot right-of-way from the applicant's <br />22.5-foot street dedication, and the 20-foot existing right-of-way for Oakleigh Lane." OMC <br />73 The City's minimum street standards require at least a 45-foot right-of-way. <br />Trautman Appeal Testimony PDT 13-1 Page 15 July 27, 2015 <br />