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
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