41 <br />not approve the application with an inadequate sewage treatment system that <br />would allow the impacts of the new development to create to unsafe conditions <br />on either the applicant's property or the neighbors. <br />While transportation is different than sewage, facilities for both must be <br />adequate and safe, and the proper interpretation of the City's code in EC <br />9.8320(5) and (6) serves exactly that purpose. While constitutional limitations <br />constrain how much of the burden an applicant can be required to assume, they <br />do not in any way negate or diminish the safety standards that must be met to <br />protect neighbors of future residents. <br />The City must reconcile the two conclusions it reached; first, that a 45- <br />foot right-of-way was required to protect public safety, and, second, that it can <br />exact no more than 22.5 feet from this Applicant. The result of the two <br />combined conclusions inevitably leads to a right-of-width that is not consistent <br />with City standards and not consistent with the City's findings regarding the <br />safety of Oakleigh Lane. LUBA's decision must be remanded and the City <br />must be required to reconcile the two conclusions. <br />C. CONCLUSION <br />For all of the above reasons, LUBA's decision must be overturned. <br />OCTOBER 2014 <br />