[Date] <br />[Dennis Nakata/Kimberley Ketterer) <br />[2991 Riverwalk Loop <br />[dennynak@gmail.com] <br />To the City of Eugene Hearings Official: <br />I live at [2991 Riverwalk Loop], which is located within the Valley River Village Planned Unit <br />Development. I have lived here for [17] years. Without my consent the City has accepted and processed <br />a land use application filed by Patricia and Gregory McPherson. The McPhersons do not live in the Valley <br />River Village PUD and have no authority to initiate a land use application on property that they have no <br />legal interest in. The City characterizes the application as follows: “a Map Correction for Water Resource <br />/WR Overlay application to correct the Goal 5 Water Resources Conservation Plan map for riparian and <br />wetland resources located between the Willamette River and Goodpasture Island Road.” The City gave <br />application a file number - OC2 25-01 and named it “Valley River Village PUD.” <br />I oppose the application, City File Number OC2 25-01. First, the McPhersons had no authority to initiate <br />the application, nor did the City have the authority to accept and process the application. The City <br />should have rejected the application. My interests are harmed because, as a member of the Valley River <br />Village HOA, my HOA dues are necessarily being used to defend against this unlawful act by the City. <br />Second, if the appeal is granted and the Planning Director’s decision to deny the application is reversed, <br />the McPhersons and others insist on transforming private pathways and open space into public pathways <br />and open space. The McPhersons’ effort to use a so-called “Map Correction” land use application as a <br />tool to convert these private areas to areas open to the public, if granted, would constitute a taking <br />under the Oregon and U.S. constitutions and would result in exposing the City litigation and to state <br />Measure 49 claims. The private paths and open space that the McPhersons so desperately wish to make <br />open to the general public through this unlawful proceeding are not designed as public corridors and <br />spaces. In recent years these private areas have seen an alarming increase in trespassing, illegal camping, <br />human waste, trash and other criminal activity. The HOA has gone to great expense to protect the HOA <br />owners and residents by installing locked gates at both ends of one such private path to better control <br />unlawful activity. These measures have reduced criminal activity and increased safety. Calls to the police <br />have reduced significantly. Efforts by the applicants through this unlawful application should not be <br />entertained. <br />I respectfully request that you reject the application in its entirety because it was unlawfully accepted by <br />City staff. Please place this letter in the record. Please send me a copy of the decision. <br />Respectfully, <br />[Dennis Nakata/Kimberley Ketterer)