Applicant’s Appeal Response - Laserfiche WebLink

2. The opening of the store is not a "change in use" from the previous occupant, Shopko, because department stores and supermarkets are under the same zoning use designation: "General Merchandise." Site review does not determine whether "uses" are allowed, but only addresses the character and on-site environment of development allowed by a property's base zoning. 4. In evaluating a change to site review plans, the proper comparison is between the existing and modified plans-not the current level of development. Remodel work at a site does not trigger a requirement to bring an entire Property up to current code standards. With this proper framework in mind, it is clear that none of the appellants' arguments provide a basis on which to deny the modification application. A. The Director Correctly Found That the Proposed Modifications Complied With the SR 88-11 Conditions of Approval. LSL first argues that the Director erred in finding that the Application complies with four of the SR 88-11 conditions of approval. The correctness of each of the Director's relevant findings is established in the following subsections. 1. Condition (b), by its own clear language, does not apply. Condition of approval (b) of SR 88-11 states: "Prior to approval of Phase II, the City Traffic Engineer shall work with JRH Traffic Engineers in assuring that the volumes of traffic at the Coburg Road ingress/egress will be satisfactorily reduced by the future connection to Crescent Avenue. Other means of encouraging traffic to Chad or Crescent may need to be investigated. The connection to Crescent Avenue will need to be in place prior to the completion of Phase IL" Page 13 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 4816-6071-2143.6 TELEPHONE: 503.224.5858 3400 U.S. BANCORP TOR'ER I11 S.W FIFTH AVENUE P ORTLAND. OREGON 97204