Agenda - Planning Commission - 06/02/2005

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Page 6 -- May 10, 2005 g,g. Truman appealed, argu. ing the office was effectively closed each time she tried to frle the petition. DECISION: Reversed. Truman's petition was filed on time. The office was closed to the public on July 9, and Truman timely filed the petition with the village clerk on July 10, the next day he opened the office. It did not matter whether the council president unlocked th.e doors for 45 minutes on July 8. In the absence of the village clerk, the petition had to be fi/ed with the clerk in fact. No evidence demonstrated the president of the council was the village clerk in fact on July 8. The president was neither authorized to certify the petition, nor was he in the office to do anything other than fuel a tractor and make photocopies. Although the clerk testified he stopped into the office four to five days a week for the purpose of mowing grass or performing other council duties, the times varied. Basically, if he had something to do, he would be there. This was not enough to establish the office was open to the public on the first day Truman tried to file the petition. Although the village's government was small, state law did not allow for distinctions based on the size or budget of a municipality. An alternate method for accepting filings, such as with another official or at someone's home, did not suffice. Similarly, the fact that Truman could have fred it earlier in the week did not make any difference to the 30~day time period in which she had to file. The court concluded since there was no way to properly file her petition on July 9, Truman was entitled to have her petition heard after she filed it on July 10. see also: Webb v. Bliss, 789 N.f. 2d 1102 (2003). Ordinance -- City allows commercial parking structures in historic district Community association claims it has to change cornprehensive plan to do so Citation: N. W.D.A. The Community Association of Northwest Portland [nc. v. City of Portland, Court of Appeals of Oregon, No. A126345 (2005) OREGON (03/14/05) ---- The Land Use Board of Appeals approved the city of' Portland's adoption of city code amendments that authorized construction of commercial parking structures in one of the city's historic residential districts. Local businesses supported the decision. N.W.D.A. The Community Association of Northwest Portland Inc. opposed the new parking structures, claiming the commercial parking structures were inconsistent with the base zone and planning designation of the district in the city's comprehensive plan. N.W.D.A. asserted the city could not allow commer- cial parking structures without amending the comprehensive plan map and zone classification to permit such uses in residential zones. N.W.D.A. sued, and the court ruled in, favor of the city. N.W.D.A. appealed. DECISION: A ffi ri'ned. © 2005 Quinlan Publishing Group. Any reproduclion is prohibited, For more information please call (6t7) 542-0048. 126