<br />Final Order: The Harry and Etta Chase House | HDM 21-1/ HA 21-3/ ARB 21-2 <br /> <br />2. Incorrect review process for Adjustment Review <br /> <br />Appellant’s Argument <br />Baker argues that the Historic Review Board has only four responsibilities, all of which are related to <br />historic and archaeological resources, historic properties, historic preservation, and National Register <br />nominations. Baker asserts that review of a Major Adjustment Review is not one of the allowed roles or <br />responsibilities of the Historic Review Board, making it necessary for the Final Order of the Board on the <br />Adjustment Review (ARB 21-2) to be rescinded and denied. <br /> <br />Planning Commission’s Determination <br />The Planning Commission finds that the Historic Review Board had the authority to, and an obligation to <br />reach a decision on the major adjustment review application as further described below. <br /> <br />The Historic Review Board is a standing committee of the Eugene Planning Commission and has powers <br />and duties that are specifically defined by EC 2.355(5). One of the listed powers and duties is to act on <br />applications concerning the demolition of historic properties. For reference, the code section is provided <br />below: <br /> <br />EC 2.355(5)(c): Act upon applications concerning moving or demolition of historic properties. <br /> <br />Additionally, Chapter 9 of the Eugene Code specifically lists the Historic Review Board as an appeal <br />review authority for Historic Demolition, Moving and Alteration requests (see EC Table 9.7055). While <br />the Board typically acts within this role, there is nothing in the Eugene Code that precludes the Board’s <br />ability to hold a public hearing and make an initial decision on a land use application. <br /> <br />As discussed above, OAR 660-023-0200(8) requires a local government to hold a public hearing for <br />requests to demolish National Register structures. Because the Historic Review Board can review land <br />use applications, is tasked with making decisions on demolition of historic properties, and is listed as the <br />appeal review authority for Type II decisions on historic demolitions, the Board was an appropriate body <br />to hold an initial hearing to satisfy the requirements of OAR 660-023-0200(8). <br /> <br />In addition to meeting the requirements of OAR 660-023-0200(8), the applicant also needed approval of <br />a Historic Demolition, Historic Alteration, and as will be further discussed, an Adjustment Review for <br />their application. EC 9.7055 states: “To accommodate a request for concurrent review, the city may <br />instead review multiple applications according to the highest applicable type.” Because the applicant <br />requested that their applications be reviewed concurrently, all applications went to a hearing before the <br />Historic Review Board. <br /> <br />To the point about whether review of the Adjustment Review is within the scope of the review of the <br />Board, it is important to understand why the adjustment was required in the first place. The approval <br />criteria for a Historic Alteration include a specific criterion that requires compliance with all applicable <br />standards. For ease of reference, this criterion is provided below: <br /> <br />EC 9.8175(9): The proposed alteration complies with all applicable standards or adjustments <br />thereto made pursuant to provisions beginning at EC 9.8015 of this land use code.