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LUBA RET. EX 076/077 RE-E
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LUBA RET. EX 076/077 RE-E
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Last modified
4/27/2017 4:32:32 PM
Creation date
3/28/2017 9:26:37 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
External View
Yes
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• (b) Prior acceptance by the appropriate public agency of a written commitment by the <br />applicant or other party to provide private services and facilities. <br />(c) A written commitment by the applicant or other party to provide for offsetting all <br />added public costs or early commitment of public funds made necessary by <br />development, submitted on a form acceptable to the city manager. <br />As explained above, adequate public fire and emergency services are not available to the site <br />because there is no approved fire apparatus access road. <br />The portions of testimony above related to the Eugene Fire Code requirements for fire <br />apparatus access roads are incorporated herein by reference. <br />The Hearings Official erred by failing to correctly assess the lack of adequate fire and <br />emergency services. <br />EC 9.8320(11)(k) states: <br />(11) The PUD complies with all of the following: <br />(k) All other applicable development standards for features explicitly included in the <br />application except where the applicant has shown that a proposed noncompliance is <br />consistent with the purposes set out in EC 9:8300 Purpose of Planned Unit <br />Development. <br />The application explicitly includes a hammerhead turnaround for use by emergency vehicles. <br />This turnaround must meet the standards in the Eugene Fire Code, including being connected <br />to a fire station by a fire apparatus access road. It fails to meet this requirement, as described <br />above. <br />The application also includes a corner where the driveway meets Oakleigh Lane. This corner <br />has a radius that fails to meet the minimum turning radius for a fire apparatus, as required by <br />Eugene Fire Code. <br />The application does not provide complete dimensions for all buildings, particularly the <br />"Common" building and no analysis was provided as to whether or not the height of any <br />portion of a building would be greater than 30 feet, this requiring additional measures to <br />provide for fire apparatus and hose access. The application cannot be approved until this <br />required information is provided and there are findings of compliance with the applicable <br />Eugene Fire Code provisions. <br />The Hearings Official erred by failing to correctly assess the fire apparatus access road <br />standards applicable to features explicitly included in the application. <br />For these reasons, this application must be denied. <br />Respectfully, <br />SiY I'ra ~i tma:l' - <br />Trautman Appeal Testimony PDT 13-1 Page 17 <br />August 31, 2015 <br />42 <br />
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