Attachment D <br />LAW OFFICE OF BILL KLOOS PC <br />OREGON LAND USE LAW <br />375 W. 4TH AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL: 541.343.8596 <br />WEB: WWW.LANDUSEOREGON.COM <br />BILL KLOOS <br />BILLKLOOS@LANDUSEOREGON.COM <br />October 8, 2015 <br />Eugene Planning Commission <br />C/o City of Eugene Planning and Development <br />99 West 10th Avenue <br />Eugene, OR 97401 <br />Re: LaurelRidge Zone Change (City File Z 15-5) <br />Applicant's Motion to Strike Parts of Blix Appeal <br />City of Eugene: <br />The Hearing Official approved the requested zone change. Laurel Hill Valley Citizens appealed <br />the approval on October 6. The appeal as filed violates the code. It includes new evidence, in <br />violation of the code. It raises issues not raised below, in violation of the code. The applicant <br />requests the illegal evidence and issues be redacted. <br />This motion to strike the objectionable material is based on EC 9.7655, which provided in part: <br />(2) The appeal shall be submitted on a form approved by the city manager, be <br />accompanied by a fee established pursuant to EC Chapter 2, and be received by <br />the city no later than 5:00 p.m. of the 12th day after the notice of decision is <br />mailed. The record from the proceeding of the hearings official or historic review <br />board shall be forwarded to the appeal review authority. No new evidence <br />pertaining to appeal issues shall be accepted. <br />(3) The appeal shall include a statement of issues on appeal, be based on the <br />record, and be limited to the issues raised in the record that are set out in the filed <br />statement of issues. The appeal statement shall explain specifically how a <br />hearings official or historic review board failed to properly evaluate the <br />application or make a decision consistent with applicable criteria. The basis of <br />the appeal is limited to the issues raised during the review of the original <br />application. [Emphasis added] <br />The following items or allegations in the appeal document constitute new evidence. They may <br />not be accepted. They must be redacted. <br />1. Attachment 41 - An excerpt from the City of Eugene's Internet-based zoning map <br />showing a portion of the subject property. This zoning map is not on the record. It is new <br />evidence. It is not allowed in this appeal. <br />PC Agenda - Page 18 <br />