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LUBA RET. EX 076/077 RE-F
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LUBA RET. EX 076/077 RE-F
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Last modified
4/27/2017 4:32:32 PM
Creation date
3/28/2017 9:23:57 AM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
8/31/2015
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Yes
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result in unsafe conditions in Oakleigh Lane, it is appropriate to defer public <br />improvements via an irrevocable petition." PH-30 at 14. (Emphasis added) <br />Note well that this conclusion depends entirely on the assertion that a 19-foot wide, "existing" <br />paved surface - that is unobstructed - will "provide[] safe passage for two-way vehicular traffic, <br />bicycles, pedestrians and emergency vehicles." <br />The Public Works report provides no analysis at all of a paved surface that is less than 19 feet wide or <br />that is sometimes obstructed by parked vehicles. <br />As I discuss later, there are multiple problems with the Hearings Official's reliance on <br />this statement, but the most glaring is that the evidence makes clear that a 250-foot long <br />segment of the Oakleigh Lane public right-of-way does not contain anywhere near a 19-foot <br />wide paved surface. <br />The Oregon Map aerial view provided in the October 9, 2013 testimony by Paul Conte <br />(PT-4 Attachment C, and provided as Attachment A to this testimony 6) clearly shows that <br />almost half the width of the paved surface at the end of Oakleigh Lane lies outside the public <br />right-of-way and on the private property of the development site and the three lots immediately <br />to the west (lots 10100, 5800 and 5900)7. Here is an excerpt from that map: <br />6 Also see PH-53, City posted notice with outline of rights-of-way. Also see PH-1.B, City provided Oregon Map with requested <br />right-of-way dedications. <br />7 These three lots have the following frontages, as documented in the attachments to the October 15, 2013 letter from Poage <br />Engineering and Surveying, Inc. PT.R-4. Lot 5800 22.27 feet, Lot 5900125 feet, Lot 10100102.73 feet. The total is also documented <br />in this letter: <br />"The result of these cumulative road dedications is to establish a right of way width of 32 feet for Oakleigh Lane beginning <br />at the east margin of River Road and extending easterly approximately 630 feet to a point approximately 250 feet westerly of <br />your western boundary. From this point easterly, and along the entire frontage of your property abutting Oakleigh Lane, the . <br />right of way remains 20 feet in width." <br />Trautman Appeal Testimony PDT 13-1 Page 9 <br />July 27, 2015 <br />• <br />n <br />L~ <br />• <br />201 <br />Figure 1. Color excerpt from PT-4 Attachment C <br />
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