February 16, 2024 <br /> <br />Re: Grant Street Grow Homes, Middle Housing Land Division, File No. MHT 23-24 <br /> <br />Christine Butler and Sandra Stevens (“Clients”) provide the following comments for consideration in the <br />Grant Street Grow Homes middle housing land division application, File No. MHT 23-24. The Applicant has <br />failed to carry their burden of proving compliance with the applicable provisions. <br />For the following reasons, this application for middle housing land division should be denied. <br /> <br />I. The application fails to demonstrate compliance with ORS 92.031 <br /> <br />While the evidence provided by the Applicant lacks a clear and developed narrative, it is clear <br />nonetheless that the Applicant has failed to submit substantial evidence demonstrating compliance with the <br />applicable criteria found in ORS 92.031. <br />ORS 92.031 provides: <br />(2) A city or county shall approve a tentative plan for a middle housing land division if the <br />application includes: <br />(a) A proposal for development of middle housing in compliance with the Oregon <br />residential specialty code and land use regulations applicable to the original lot or parcel <br />allowed under ORS 197.758 (Development of middle housing) (5); <br />(b) Separate utilities for each dwelling unit; <br />(c) Proposed easements necessary for each dwelling unit on the plan for: <br />(A) Locating, accessing, replacing and servicing all utilities; <br />(B) Pedestrian access from each dwelling unit to a private or public road; <br />(C) Any common use areas or shared building elements; <br />(D) Any dedicated driveways or parking; and <br />(E) Any dedicated common area; <br /> <br />As to the standard for substantial evidence sufficient to demonstrate compliance with a land use <br />regulation, substantial evidence is evidence that a reasonable person would rely on, and findings of compliance <br />must be based on substantial evidence in the whole record. Younger v. Portland, 305 Or 346 (1988); Stevens v. <br />City of Island City, 260 Or App 768, 772, 324 P3d 477 (2014).