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Home My WebLink AboutCorrespondence APPLICANT 8/10/2005 �^ LAr AW OFFICE OF BILL KLOOS, P Li Lc/ Lg fir I 576 OLIVE STREET,SUITE 300 OREGON LAND USE LAW AUG 1 O 2005 EUGENE, OR 91906 EUGENE,OR 97440 s TEL(541)343-8596 BY C 'S FAX(541)343-8702 AIL BILLKLOOS @LANDUSEOREGON.COM August 9, 2005 Mr. Gary Damielle Springfield Hearing Official do 225 Fifth Street Springfield, OR 97477 Re: Request for Establishment of Greenway Setback Line Assessor's Map 17-03-34-41 Applicant's Response to Staff Report Dear Mr. Dameille: Please accept this letter as the applicant's initial response to the Staff Report on this matter. Applicant's counsel received the Staff Report niid-day on August 8. There are points in the Staff Report that warrant a detailed response, which can't be prepared in the short time frame before the hearing. Therefore, the applicant requests that the record be left open for at least seven days to allow for submission of a thoughtful written response. At first blush, the applicant believes that he will take issue with several aspects of the Staff Report, including: 1. Staff request that the Hearing Official take pains to state explicitly in the decision what setback standards in the code will apply to any future actual development on the site. This would be a mistake, which might necessitate an appeal of your decision. Initially, what standards will or may apply to future development is not an issue in this application. This is just a line drawing exercise addressing one variable. The code is what the code is. We all plumb its nuances as the need arises. If your decision states what standards will apply to future development proposals, and the applicant disagrees with those findings now, the applicant might have to appeal your otherwise sound decision to'iavoid the city saying later, in the context of a development application, that we cannot take issue with what you said in your decision about what the standards are. Basically, you should decid'ertlie issue before you, and leave other stuff alone. 2. Staff wants an extra 20 to 35-foot Greenway setback line, based on the Glenwood Refinement Plan and other factors. Staff anticipate this area will be needed for a bike path along the top of the river bank. This request is not based in the applicable standards for this request. There is some irony in requesting additional greenway area so that it can be used later for an Data Received.—g iD 'D Planner. • pringfield Dev't Services • August 9, 2005 Page 2 of 2 asphalt bikepath. If the City believes that a bikepath is needed along the top of the bank, it will have the opportunity, in the context of an actual development proposal, to exact the bike path or purchase it. It is not something that can be justified in the context of this line drawing exercise. Thank you for your consideration Sin L ely, • Sin 7 d ioos C: Philip Marvin 1 ; i Date Received: SID"D5 Planner: