My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Petitioners Opening Brief
>
OnTrack
>
WG
>
2018
>
WG 18-3
>
Petitioners Opening Brief
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/27/2019 4:05:00 PM
Creation date
12/26/2019 2:38:06 PM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Appeal Docs
Document_Date
4/17/2019
External View
Yes
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
70
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
15 <br />1 The same is true of the maintenance shed. The maintenance shed is not in <br />z "actual residential use" because it is not a residence. The maintenance shed is also <br />3 not "reserved for the exclusive use of the residents in the development" because <br />4 there is nothing to demonstrate that those performing maintenance on the property <br />5 are actual residents of the development. The maintenance shed is not open space <br />6 or a recreation facility. <br />7 The notion that a leasing office that is open to the public is solely devoted to <br />s residential uses is contrary to the reality of the situation. The leasing office is not a <br />9 dwelling used solely for residential uses because it is open to the public and is <br />Zo staffed by the employees of the apartment complex. The same is true of the <br />11 maintenance shed: it is not a dwelling, and it will be staffed by employees of the <br />12 apartment complex. The City may find it inconvenient that its code contains these <br />13 requirements, but the City cannot wholly disregard the plain language of its code. <br />14 Here, the City is dealing with inconvenient language in its code by not <br />15 necessarily interpreting its code, but rather legislating through interpretation. This <br />16 Court has previously struck down such interpretations. See Foland v. Jackson <br />17 County, 215 Or App 157, 168 P3d 1238 (2007). In Foland, Jackson County <br />18 interpreted its local code provisions for destination resorts. That process contains <br />19 three stages: the conceptual site plan, the preliminary development plan, and the <br />20 final development plan. Id. at 1238-39. Each contains a deadline, and Jackson <br />
The URL can be used to link to this page
Your browser does not support the video tag.