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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
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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
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Yes
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9 <br />pedestrian, bicycle and transit elements, that must be evaluated for consistency <br />with the standards found in subsection (a) - the standards for streets, alleys and <br />other ways located in EC 9.6800 - 9.6875. <br />There are several problems with Petitioners' argument. First, this is a <br />novel interpretation that appears for the first time in Petitioners' brief before <br />this Court .4 As explained above, this Court's review function is to determine <br />whether LUBA erred in affirming the City's interpretation; the Court is not <br />reviewing Petitioners' desired interpretation of the relevant code provisions. <br />Second, that said, Petitioners' proposed interpretation might make more <br />sense if subsection (c) did not exist. Even Petitioners concede that the City's <br />interpretation is supported by the language of the provision. Petitioners' <br />Opening Brief 27. EC 9.8320(5) starts with a statement of the overarching <br />standard, "provision of safe and adequate transportation systems." That <br />standard is to be shown "through compliance with the following." Subsections <br />(a), (b) and (c) then provide three separate provisions that must be addressed in <br />order to demonstrate that EC 9.8320(5) is complied with. Petitioners' asserted <br />interpretation is just not supported by the structure of the code provision. The <br />City's interpretation is. <br />4 This Court is increasingly reluctant to address theories that are <br />presented for the first time on appeal. See Regency Centers, L.P. v. Washington <br />County, 265 Or App 49, 60-61, P3d (2014). <br />
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