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LUBA Affirm
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Last modified
12/27/2019 4:02:23 PM
Creation date
12/26/2019 2:46:45 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
LUBA Decision
Document_Date
3/6/2019
External View
Yes
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I specific lot or development site, the planning director shall round down to the <br />2 previous whole number."). <br />3 In the first assignment of error, petitioners argue that the planning <br />4 commission misconstrued applicable law in calculating the subject property's <br />5 maximum net density. ORS 197.83 5 (9)(a)(D). Petitioners argue that the planning <br />6 commission improperly included in the acreage calculation areas of the property <br />7 that should be excluded from the calculation. We review the planning <br />8 commission's construction to determine whether it is correct. McCoy v. Sinn <br />9 County, 90 Or App 271, 275, 752 P2d 323 (1988). <br />10 A. Parking area <br />11 EC 9.0500 contains general EC definitions and provides, in part: <br />12 "Driveway. The area located outside of the public right-of-way that <br />13 abuts the access connection and allows for vehicles to move to or <br />14 from a development site. <br />15 <br />16 "Parking Area. Any area which can be used by motor vehicles, <br />17 recreational vehicles, trailers, and boats for parking, including <br />18 driveways and access aisles providing access to the parking stalls. <br />19 <br />20 "Street. An improved or unimproved public or private way, other <br />21 than an alley, that is created to provide ingress or egress for <br />22 vehicular traffic to one or more lots or parcels, excluding a private <br />23 way that is created to provide ingress or egress to land in conjunction <br />24 with the use of land for forestry, mining, or agricultural purposes. A <br />25 `street' includes the land between right-of-way lines within the <br />26 ingress/egress easement areas serving multiple residential lots but <br />Page 6 <br />
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