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7-28-15 Trautman Public Comment (01)
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7-28-15 Trautman Public Comment (01)
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Last modified
4/27/2017 4:32:34 PM
Creation date
7/28/2015 2:03:40 PM
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
Public Comments
Document_Date
7/28/2015
External View
Yes
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I. STATEMENT OF THE CASE <br />Respondent ("the City") accepts Petitioners' Paul Conte and Simon <br />Trautman's ("Petitioners") Statement of the Case, except as set forth below. <br />A. Questions Presented on Appeal <br />1. Did LUBA err in affirming the City's interpretation of Eugene <br />Code (EC) 9.8320(5) or (6)? <br />2. Did LUBA misunderstand and/or misapply its standard of review <br />when it concluded that the City's determination that Oakleigh Lane would be <br />safe was supported by substantial evidence? <br />B. Summary of Arguments <br />Petitioners' main contention is that the increase in traffic to be generated <br />by the proposed development will cause Oakleigh Lane, the sole access to and <br />from the development, to be unsafe. They rely upon that assertion to support <br />their theory that Oakleigh Lane must be fully improved to city standards prior <br />to approving the construction of the PUD. LUBA, however, concluded that the <br />City's determination that Oakleigh Lane would be safe was supported by <br />substantial evidence. This Court can only disturb that conclusion if it <br />determines that LUBA misapplied or misunderstood its standard of review. <br />C. Statement of Material Facts <br />The City accepts Petitioners' Statement of Material Facts as set forth at <br />Petitioners' Opening Brief, 4-6. The City takes no position with regard to <br />
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