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Applicant Final Argument (6-29-16)
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Applicant Final Argument (6-29-16)
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Last modified
6/26/2017 9:48:43 AM
Creation date
7/1/2016 2:51:04 PM
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Template:
PDD_Planning_Development
File Type
WG
File Year
16
File Sequence Number
1
Application Name
Eugene Towneplace Suites
Document Type
Public Comments
Document_Date
7/1/2016
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Yes
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Eugene Hearings Official <br />June 29, 2016 <br />Page 7 <br />dimension (rather than just a location), the code states the dimension explicitly with a phrase like <br />"8 feet in width," which appears in three of the six standards. If the weather protection feature <br />were intended to be 30 feet long, then the parallel construction of (d) would have been stated as: <br />"Internal pedestrian walkways provided in conformance with subsection (a) above shall <br />provide weather protection features 30 feet in length at such as awnings or arcades within <br />30 feet of all customer entrances." <br />The text and context of "weather protection features" standard does not support the reading <br />suggested by VRI. <br />Valley River Inn Issue 6: EC 9.6780 - Visual Clearance Area <br />VRI asserts that "vision clearance areas" are needed where the site's flag pole access driveway <br />meets Valley River Drive. The standard being invoked in EC 9.6780 is: <br />"Vision Clearance Area. Development sites shall have triangular vision <br />clearance areas on all street corners to provide for unobstructed vision consistent <br />with American Association of State Highway and Transportation Officials <br />(AASHTO) standards. (See Figure 9.0500 Vision Clearance Area). Vision <br />clearance areas shall be kept free of all visual obstructions from 2 ~/z feet to 9 feet <br />above the curb line. Where curbs are absent, the crown of adjacent streets shall <br />be used as the reference point. These vision clearance requirements may be <br />adjusted if consistent with the criteria of EC 9.8030(11) of this land use code." <br />The plain language of this standard triggers this requirement at street intersections, not where a <br />driveway to a lot hits a street. If the answer is not plain enough from the language of the <br />standard itself, it is also plain from the definition of "Vision Clearance Area" in EC 9.0500: <br />"Vision Clearance Area. A triangular area within a lot immediately adjacent to <br />the intersection of streets to provide a clear area for viewing approaching traffic <br />for public safety purposes. For the intersection of 2 improved public rights-of- <br />way, the vision clearance area is the triangular area of the lot at the intersection of <br />two lot lines. At the intersection of a public street and a private street, the vision <br />clearance area is the triangular area of the lot at the intersection of the lot line and <br />each edge of the street. For all vision clearance areas, the apex is located at the <br />intersection of the two 35 foot legs, extended if necessary. The base of the triangle <br />extends diagonally across the lot intersecting the two legs an equal distance from <br />the apex. (See Figure 9.0500 Vision Clearance Area.)" <br />In summary, the code does not require a Vision Clearance Area at this private drive entrance. <br />
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