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Wilson at Law LLC
1588 Bartlett Hill Drive NW
Salem, OR 97304
503 409-7670
June 10, 2015
City of Eugene Planning Department
ATTN: Nicholas Gioello
99 West 10th Avenue, Eugene, OR 97401
Re: Request to Extend Open Record Period in File No. CU-14-3
Dear Mr. Gioello:
On May 27, 2015, a public hearing was held on the application for a conditional use
permit to erect a cellular phone tower. The record was left open until June 10, 2015 for
the submission of new evidence, until June 24, 2015 to respond to any new evidence,
and until July 1, 2015 for the applicant’s final legal argument.
On June 9, 2015, the applicant requested that the record be left open for an additional
period in order to provide technical information to the City planning department for
review by the City’s independent consultant. As there does not appear to be any
opposition to the request, I agree to an extension of the open record period.
The applicant’s request is somewhat unusual. When the record is left open there are
generally three aspects to the extension. The first period is for the submission of new
evidence by any parties. The second period is for any parties to respond to the evidence
submitted during the first period. Finally, the third period is for the applicant to make its
final legal argument (without submitting any new evidence). In this case, because the
City needs time to have the applicant’s technical information reviewed by an
independent consultant, the applicant has requested that the first period be extended but
also that the applicant provide its technical information two weeks before the first open
record period ends. Because the applicant is requesting the restriction being imposed on
its submissions, I agree with the request.