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Supplemental Materials #4
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Last modified
1/17/2020 4:03:15 PM
Creation date
1/13/2020 2:13:43 PM
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Template:
PDD_Planning_Development
File Type
ZVR
File Year
20
File Sequence Number
1
Application Name
Conte, Paul
Document Type
Supplemental Materials
Document_Date
1/7/2020
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Yes
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I and location of access ways for all uses. If, in <br />fact, this particular point of access was determined <br />2 to be a zoning conflict, the problem could ea. si.ly be <br />remedied through dedication of an access o- asement or <br />3 actual right.-of--way,. The Council does not find, <br />however, than such a remedy is necessary to resolve <br />4 this alleged violation it for no other reason than <br />that this access location has been utilized for many <br />5 years by all previous industrial users of the site." <br />Record at 25. <br />6 <br />7 The initial. question presented is whether the county <br />8 properly construed the applicable law, here the zoning <br />9 ordinance.4 Where questions of ordinance construction are <br />to involved, we give weight to the interpretation given by the <br />II local legislative body, provided the interpretation is <br />12 treasonable. Miller' v. City Council of Grants Pass, 39 Or App <br />13 589, 594, 592 P2d 1088 (1979) . <br />14 We have difficulty accepting the city's claim that <br />15 establishment of a road to accommodate traffic serving an <br />Iii industrial site does not constitute a use of land. The zoning <br />17 ordinance does riot expressly equate access with use, as <br />18 respondents point out, but the ordinances does define "use" in <br />19 terms broad enough to encompass the establishments and <br />20 maintenance of the private road in issue here. The phrase <br />21 Haase" is defined by the ordinance to mean <br />22 "The purpose for which land or a building is arranged, <br />designed or intended, or for which either land or a <br />23 building is, or may be, occupied or maintained." <br />Article 22, Albany ]development Code. <br />24 <br />We note also the term "development" in the city's ordinance is <br />25 <br />detined to include establishment ot: a right of access. Id. A <br />26 <br />Wage 7 <br />
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