RECEIVED <br />MAY-72018 <br />LAW OFFICE OF BILL KLOOS PC <br />OREGON LAND USE LAW <br />375 W. 4TH AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL: 541.954-1260 <br />WEB: W W W.LANDUSEOREGON.COM <br />Eugene Planning Commission <br />c/o Eugene Planning and Development <br />Atrium Building <br />99 West 10th Ave. <br />Eugene, OR 97401 <br />CITY OF EUGENE <br />PLANNING DIVISION <br />BILL KLOOS <br />BILLKLOOS @LANDUSEOREGON. COM <br />May 7, 2018 <br />Re: Capital Hill PUD (PDT 17-1) <br />Applicant's Appeal of Hearing Official Approval <br />Dear Commissioners: <br />The Hearing Official (HO) approved this application in a 79-page decision. The applicant is <br />pleased with the approval. Some legal issues were decided against the applicant. We anticipate <br />an appeal to LUBA by opponents. Therefore, this is a precautionary appeal. We raise these <br />issues here to request a correct application of the law that applies and, thus, to preserve these <br />issues for defense of the approval at LUBA, if necessary. <br />If no appeal is filed by opponents challenging the HO approval, the Applicant will withdraw <br />this appeal. <br />The Applicant requests that the Planning Commission affirm the approval but amend the <br />reasoning based on a correct application of the law as it relates to several issues, as discussed <br />below. <br />For brevity, we attach and reference: the Applicant's March 3, 2017 Letter (Appendix A); <br />March 5, 2018 Hearing Letter (Appendix B); and April 6 Final Argument (Appendix Q. <br />This appeal statement is based on the record and contains no new evidence. <br />Grounds for Appeal. <br />1. The HO erroneously concluded that the Applicant is not entitled to review under only <br />the clear and objective standards in the General Track of EC 9.8320, and that evidence <br />submitted in the second open record period related to this issue should be excluded. <br />There are several erroneous rulings on the law that applies, exclusion of evidence, and burden of <br />proof. These are addressed in parts (a), (b) and (c) below. <br />