c) Oakleigh Lane lacks the recommended connectivity to other streets. <br />d) Oakleigh Lane does not have sidewalks, and pedestrians and other non-motorized users <br />must use the vehicular travel lane. <br />e) Vehicles can and do LEGALLY park on Oakleigh Lane, on the paving and within the <br />right-of-way. <br />f) The PWD report did not address Oakleigh Lane at all under EC 9.8020(6) and therefore <br />provides no direct evaluation upon which the application's conformance can be <br />determined. <br />g) Other comments within the PWD report related to the safety, capacity and impediments <br />were based on the erroneous assumption of a paving width within the right-of-way of at <br />least 19 feet for the entire length of Oakleigh Lane and therefore cannot be relied upon to <br />determine the application's conformance with EC 9.8020(6). <br />h) For its conclusion regarding Oakleigh Lane, the PWD report required that parked <br />vehicles not obstruct the paving. Because cars can LEGALLY be parked on the paving <br />and in the right-of-way, and there is documented evidence that cars do park in that <br />manner, the PWD report's conclusions cannot be relied upon to determine the <br />application's conformance with EC 9.8020(6). <br />i) The Eugene Fire Marshal did not address Oakleigh Lane at all under EC 9.8020(6) and <br />therefore provided no evaluation upon which the application's conformance can be <br />determined. <br />j) The City Council did not in any way adopt street standards that stated or implied a <br />paving width of 14 feet would "ensure unimpeded emergency response" or that <br />Oakleigh Lane can function as a "queuing street." <br />k) No standard or reliable, independent authority has been cited that indicates a paving <br />width of 14 feet would "ensure unimpeded emergency response." <br />1) There is reliable, expert testimony that Oakleigh Lane cannot function as a "queuing <br />street. <br />m) There is reliable, expert testimony that Oakleigh Lane cannot provide unimpeded access <br />for emergency response. <br />n) All standards that have been cited, including the adopted Design Standards and Guidelines <br />for Eugene Streets, Bikeways and Accessways cited by the applicant, have a minimum <br />paving width requirement of at least 20 feet. <br />The standards are found in the following documents: <br />Design Standards and Guidelines for Eugene Street, Sidewalks, Bikeways and <br />Accessways, November 1999 <br />• Eugene Code, Chapter 9 <br />• City of Eugene Fire Code Administrative Rule R-8.010FC <br />Conte Appeal Testimony PDT 13-1 Page 16 April 12, 2017 <br />