dated August 22, 2012. The PC also modifies the HO's decision to add tAlRo <br />findings regarding the eastern portion of the site. With elimination of development <br />on the eastern portion of the site, and modification approval for only those lots on <br />the western portion of the site, the PC finds compliance with the applicable lot <br />standards. <br />Applicant/HBA Appeal Issue #4 and SEN Appeal Issue #7b; Solar Lot Standards <br />Applicant/HBA: "The HO erred in findina no compliance with the solar lot standards." <br />SEN: "Similarly, the Hearings Official found that the Applications did not comply with EC <br />9.8325(10), which requires compliance with Solar Lot Standards found at EC <br />9.2790. Nonetheless, the Official also failed to base his denial on this issue." <br />PC Findings: The standard at EC 9.8325(10) requires that "Lots proposed for development with <br />one-family detached dwellings shall comply with EC 9.2790 Solar Lot Standards <br />(these standards may be modified as set forth in subsection (11) below)." <br />The HO did not find evidence in the record to determine solar lot standard <br />compliance, as required by EC 9.8325(10), as follows: <br />The alternative site plan, sheet L9.0 explains how the PUD complies with the <br />solar lots standards. However, the percentage of lots complying with this <br />standard for a site plan that complies with EC 9.8325(5) has not been <br />determined, so the hearings official cannot conclude that the PUD complies with <br />the solar lots standards, and the applicant has not requested a modification. The <br />hearings official does not believe the applicant would be unable to comply with <br />the solar lot standards; the hearings official only notes that the current record <br />does not support a finding of compliance. (See page 31 of HO Decision.) <br />The PC finds that the HO erred for two reasons: 1) he only evaluated the western <br />portion of the site (the Applicant's illustrative 47-lot plan), rather the entire 75-lot <br />plan; and 2) he relied on the Matthews Map to find ambiguity about compliance, <br />assuming that the development layout needed to be realigned to respond to the <br />Matthews Map. <br />With regard to the western portion of the site as shown on the Applicant's <br />illustrative 47-lot plan, compliance with the solar lot standards is found as follows: <br />Lot 1: This lot is located at the northwest property corner and complies with <br />the solar lot standards by having a north-south dimension of at least 75 feet, <br />and by having a front lot line on West Amazon Drive that is within 30 degrees <br />of the true east-west axis. <br />Final Order - Deerbrook PUD (PDT 12-1) December 17, 2012 Page 20 <br />23 <br />