My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
LUBA Decision
>
OnTrack
>
PDT
>
2017
>
PDT 17-1
>
LUBA Decision
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/22/2018 4:01:46 PM
Creation date
11/21/2018 1:47:36 PM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
PDT
File Year
17
File Sequence Number
1
Application Name
CAPITAL HILL PUD
Document Type
Appeal Decision
Document_Date
11/21/2018
External View
Yes
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
46
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
I anything in the SHS that expressly designates some areas, but not others, for <br />2 preservation or park usage, except the language stating that land above 901 feet <br />3 in elevation "be preserved." Finally, the Neighbors also challenge the hearings <br />4 official's alternative findings that the proposed PUD is consistent with at least <br />5 one of the seven purposes listed in the Ridgeline Park section of the SHS. <br />6 In its response brief, the city does not defend the hearings official's <br />7 primary conclusion that the subject property is not designated for preservation <br />8 and therefore the above-quoted SHS recommendation does not apply to the <br />9 proposed PUD. The city argues, however, that the hearings official and <br />10 planning commission correctly found that the PUD is consistent with at least <br />11 one of the listed purposes of the SHS Ridgeline Park section, and thus <br />12 consistent with the SHS. <br />13 Given the city's apparent reluctance to defend the hearings official's <br />14 primary finding, we will assume without deciding that that finding is erroneous, <br />15 and that the above-quoted SHS language has the effect of designating land <br />16 above 901 feet in elevation for preservation, subject to the two listed <br />17 exceptions, which require a finding of consistency with SHS purposes. <br />18 However, that presumed error is harmless, because we agree with the city and <br />19 the Dreyers that the Neighbors have not demonstrated that the hearings official <br />20 erred in her alternative findings of consistency with at least one of the seven <br />21 listed SHS purposes. <br />Page 28 <br />
The URL can be used to link to this page
Your browser does not support the video tag.