2/16/2024 <br /> <br />4 <br />the plan that was not included in the application materials, future compliance is not sufficient to demonstrate <br />compliance with infrastructure provisions. <br />As to stormwater, here again the Applicant refers to a Utility Plan that does not exist in the record. <br />As for telecommunications lines, the Applicant fails to demonstrate how the utilities will be supplied to <br />each lot/dwelling as per statute. The code parameters surrounding the different asserted methodologies for <br />providing these utilities cannot be analyzed without a definite plan to compare with applicable provisions. <br />Furthermore, the adequacy of the proposed 4.22 foot wide easement for locating, accessing, replacing, <br />and servicing all utilities is also not demonstrated by substantial evidence. Can the proper trench for any <br />purported utility be located, accessed, replaced, or serviced in an easement that only has 4.22 feet between the <br />existing dwelling and the property line? <br />No reasonable person would rely on the Applicant’s unsupported and contradictory assertions and <br />citations to evidence not in the record. Without substantial and relevant evidence as to the sufficiency of the <br />proposed easements to locate, access, replace, and service, compliance with the provision cannot be <br />demonstrated. The Applicant has not demonstrated compliance with ORS 93.021(2)(c)(A), and for this reason, <br />the application should be denied. <br />II. The application fails to demonstrate compliance with EC 9.8210(3) <br /> <br />Despite requests in the Notice of Incomplete Application, the Applicant has failed to provide evidence <br />that the subject property is a legal lot as per EC 9.8210(3). <br />While the Applicant did provide some deeds in the supplemental materials, there is no narrative <br />explaining how those demonstrate that the lot was created legally. Additionally, it appears that several of the <br />supplied deeds are not for the subject property, and certainly the deed history is far from complete as there are <br />many deeds missing from the record when referencing the deed description card for the property. The most <br />important deed evidencing the creation of the property remains missing from the record.