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Applicant’s Appeal Response
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Applicant’s Appeal Response
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Last modified
10/26/2020 4:01:27 PM
Creation date
10/23/2020 3:14:32 PM
Metadata
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Template:
PDD_Planning_Development
File Type
MDA
File Year
20
File Sequence Number
5
Application Name
Winco
Document Type
Public Comments
Document_Date
10/21/2020
External View
Yes
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Finally, the Director found that "[t]he proposed modification to the site should <br />have no significant negative impacts to surrounding properties." (Decision at 12.) Rather, the <br />Director correctly determined that the loading dock modification will "significantly enhance the <br />aesthetic appearance and provide visual screening of the newly renovated loading dock area" and <br />that "[t]he relocated loading dock and proposed 8-foot high walls along the loading dock and <br />compactor area will likely contribute to sound attenuation from those areas * * (Decision <br />at 12-13.) In regard to traffic, the Director correctly observed that the reconfiguration of the <br />loading area will have no impact on the traffic volumes, and the bottle-redemption building will <br />certainly not result in an increase of 100 vehicle trips to the Property for any peak hour. <br />(Decision at 13.) <br />Accordingly, the Decision stated that "[b]ased on the findings above, it is <br />concluded that the proposed Site Review Modification (MDA 20-5) complies with the applicable <br />approval criteria set forth at EC 9.8455. Approval of the applicant's requested modification is <br />granted" with a condition of a slight revision to the landscaping plan. (Decision at 13.) <br />IV. RESPONSE TO ALLEGATIONS OF ERROR <br />In previous comments and now in their appeal statements, LSL and EMF advance <br />multiple untenable theories (many of which are irrelevant to the applicable criteria) as to why the <br />City erred in issuing an approval of the modest changes proposed in the Application. Only five <br />simple observations are necessary, however, to dispatch with all of the appellants' arguments and <br />confirm the correctness of the Decision: <br />The opening of a new WinCo store at the Property is not at issue in this <br />Application because it is already an outright allowed use. <br />Page 12 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />
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