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WG 18-3
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Last modified
8/22/2018 4:01:18 PM
Creation date
8/21/2018 12:28:54 PM
Metadata
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Misc.
Document_Date
8/21/2018
External View
Yes
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The Hearings Official mischaracterizes opponents' argument, stating that "all of <br />the paved area" should be excluded. Opponents did not make that argument but argued <br />that the paved circulation areas are streets under the code's definition of streets. <br />Furthermore, opponents did argue that the leasing office, maintenance building, and the <br />open space proposed for the eastern portion of the property should be excluded from the <br />density calculation because these areas are not for the exclusive use of the residents in the <br />development. The Hearings Official misconstrued applicable law and made findings not <br />based on substantial evidence in determining that parking drives do not have to be <br />subtracted from the net density. The circulation area falls squarely within the definition <br />of streets. The Hearings Official further misconstrues EC 9.2751 and opponents' <br />argument. The reason the leasing office, maintenance building, and open space areas <br />must be excluded is that they are not for the exclusive use of the residents of the <br />development. The notion that opponents are arguing that these areas are public facilities <br />misconstrues opponents' argument. Simply put, a leasing office is open to the public and <br />not for the exclusive use off the residents. The same is true of the <br />The Hearings Official again misconstrues opponents' argument by alleging that <br />the Willamette Greenway is on the entire site, and, therefore, the opponents' argument <br />must fail. The point is that the Greenway area that is designated open space is wholly <br />within an area that is open to the public, not just the residents of the development. There <br />is nothing that separates the public area from the private area. Any member of the public <br />will be able to utilize this area, not just residents of the development. Therefore, it is not <br />for the exclusive use of the residents and must be excluded. <br />Appellants incorporate by reference all arguments related to density calculations <br />raised before the Hearings Official as if set forth here. <br />The Hearings Official misconstrued applicable law and made findings not based on <br />substantial evidence with regard to EC 9.8445(4)(fl(2), EC 7.420(3)(1), and EC 9.6780 <br />The Hearings Official misconstrued applicable law and made findings not <br />supported by substantial evidence in concluding that EC 9.8445(4)(f)(2), EC 7.420(3 ))(1), <br />and EC 9.6780. The proposal does not provide triangular visual clearance on the corners <br />of Lombard and Fir Lane. <br />Appellants incorporate by reference all arguments related to EC 9.8445(4)(f)(2), <br />EC 7.420(3 ))(1), and EC 9.6780 raised before the Hearings Official as if set forth here. <br />The Hearings Official misconstrued applicable law and made findings not based on <br />substantial evidence with regard to EC 9.6815(2)(f) <br />The Hearings Official misconstrued EC 9.6815(2)(f) and made findings not based <br />on substantial evidence because the phrase "not improved to city standards and the street <br />4 <br />
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