Attorneys and. <br />Counselors at Law <br />Established 1970 <br />Celebratbi- 42 i,ears <br />ref' C:xcelleiice! <br />Attorney <br />Zack P. Mittge <br />Legal Assistant <br />Erin Lynch <br />elynch@eugenelaw. com <br />400 WOOLWORTH <br />BUILDING <br />940 Willamette Street <br />!MAIL: PO Box 10886 <br />Eugene, Oregon <br />97440 <br />PHONE <br />541686-9160 <br />FAX <br />541 343-8693 <br />www,eugenelaw.coni <br />October 31, 2013 <br />Ken Helm, City of Eugene <br />Hearings Official <br />c/o Becky Taylor <br />Associate Planner <br />Eugene Planning Division <br />99 West 10th Avenue <br />Eugene, OR 97401 <br />Via E-mail becky. .taylorOci.eugene.or.us and. First Class Mail <br />Re: Open-Record Sequence <br />Our Client: Oakleigh Meadow Co-Housing, LLC <br />Our File No. C1343 <br />Dear Hearings Official Helm: <br />This letter is to confirm my conversation with Ms. Taylor that Oakleigh <br />Meadow Co-Housing is not requesting that the record be re-opened or <br />extended to allow Mr. Conte or other opponents to submit Sur rebuttal <br />testimony or evidence. <br />As indicated in the Oakleigh Meadow Co-Housing's final response, the <br />Hearings Official provided for an open-record sequence of three weeks: <br />1. October 9, 2013, record left open for argument and <br />evidence on any issue by any person; <br />2. October 16, 2013, responsive argument and evidence <br />limited to issues raised before October 9, 2013; and <br />3. October 23, 2013, applicant's final rebuttal. <br />No-one objected to this open-record sequence at the public hearing, and <br />Oakleigh Meadow Co-Housing conformed to this schedule in the submission <br />of all testimony and evidence. <br />Mr. Conte urges that the testimony and evidence submitted by the <br />applicant was "not responsive to either a new issue or new evidence <br />