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HomeMy WebLinkAboutCorrespondence APPLICANT 9/22/2010 AtNOLD GALLAGHER PERCE~ ROBERTS & POTTER A Professional Corporation ATTORNEYS AT LAW 800 U.S. Bank Center 800 Willamette Street Eugene, OR 97401 Telephone: (541) 484-0188 Facsimile: (541) 484-0536 E-Mail: mreeder@agsprp.com www.arnoldgallagher.com Correspondence: P.O. Box 1758 Eugene, OR 97440-1758 MICHEAL M. REEDER September 22, 20 I 0 Via Email and First Class Mail Steve Hopkins, AICP Development Services Department 225 Fifth Street Springfield, Oregon 97477 Re: LibertyBankIHome Federal Bank Partition; Case No. SUB 2010-00010 Response to Sanitary Sewer Condition Dear Steve: ihi~ letter i~ afo1l6w ~ptd6~riet~nt i~l~ph6h~ co~vi~~~iibh ~~g~rdingth~"dberty" Partition of prop~rty curr~~tiy .o\vn~d by H~yden Homes, LLC; SUB 20 I 0~000 I O. In our telephone conversation, I indicated to you that the Notice of Decision c(JDdition that sanitary sewer service be extended to both parcels was very problematic and requested that the Notice of Decision be amended to not require sanitary sewer service to Parcel 2. I indicated to you that this condition is an impracticable condition. First, since the Applicant does not have the authority to extend the sewer lines to Parcel 2, because Parcel 2 is owned and controlled by Hayden Homes, LLC, it is unreasonable to require the condition. As far as we can tell, Hayden Homes, LLC has no plans to develop Parcel 2. Second, requiring a lateral at this time to Parcel 2 could unnecessarily impact wetlands. Third, it is wasteful. Since there is no proposed development, if never developed, the infrastructure will sit unused. In order to make the installation, there would be a sawcut and patch which is undesirable from a public works standpoint because it would necessarily accelerate the deterioration of Daisy Street. Fourth, even if Parcel 2 is developed sometime in the future, presently it is a random guess as to where to appropriately locate the lateral. Lastly, Parcel 2 is part of a recently-approved subdivision. , No lateral service was required to be located from Daisy Street to Parcel A as part of that subdivision approval.' It is unfair arid inconsistent to now require Home Federal to do so. ~;1'~:;,:: ' . . Steve Hopkins, AICP September 22, 2010 Page 2 Without an amended decision, this project will likely fail, resulting in a major waste of resources for all parties involved. Please consider this when reevaluating your decision. Please let me know if you have any questions. Very truly yours, AJAU- Micheal M. Reeder Attorney for Applicant MMR:jgh cc: Client Renee Clough, Branch Engineering Damien Gilbert, Branch Engineering Myles Conway, Attorney for Hayden Homes, LLC N:\F - J\Home Federal Bank 17345\A.nderson Development Partition 17345~775\Correspol1del1ce\Hopkins 0922] O.doc