7 <br />Hearings Official, Planning Commission or Planning staff that he lived in <br />Idaho. <br />Mr. Trautman did not notify the City of Eugene where he lived until he <br />moved to intervene in the LUBA proceedings and finally identified his address <br />for service as "1060 Silverstar Drive, Hailey, Idaho, 83333." Rec. 823. LUBA <br />denied his Motion to Intervene in its final decision on August 21, 2014. <br />RESPONSE TO FIRST ASSIGNMENT OF ERROR <br />LUBA Correctly Denied Intervenor-Petitioner Trautman's Motion <br />to Intervene Which Was Filed After the 21 Day Deadline for Filing. <br />Intervenors-Petitioners' First Assignment of Error fails as a matter of law <br />because it faults LUBA for a decision that was mandated by ORS <br />197.830(7)(c). Intervenor-Petitioner Trautman filed his Motion to Intervene 68 <br />days after the Notice of Intent to Appeal was filed, and more than a month after <br />the 21-day deadline to intervene under ORS 197.763(7)(a). Under ORS <br />197.763(7)(c), "[flailure to comply with the deadline... shall result in denial of <br />the motion to intervene." Accordingly, LUBA did not err in dismissing the <br />Motion to Intervene. <br />PRESERVATION OF ERROR <br />Intervenor-Respondent denies that Intervenors-Petitioners preserved the <br />error alleged under its First Assignment of Error as required by ORAP 5.45(4). <br />While preservation of error is a more flexible concept in the review of land use <br />proceedings, where a petitioner fails to frame its challenge before LUBA in <br />