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LUBA Appeal Denied
January 2, 2011
By Garth Guibord/MT

The Oregon Land Use Board of Appeals rejected an appeal by Sandy resident
Kathleen Walker of the City of Sandy’s approval for the Oregon Trail School
District to construct a new high school on its Bell Street property.
In a final opinion dated Dec. 17, the three board members, chairman Michael
A. Holstun, Tod A. Bassham and Melissa M. Ryan, rejected Walker’s contention
that the proposed school does not meet city code requirements for safe and
adequate pedestrian and bicycle access due to a lack of a developed trail on
the west side of the property connecting to Kate Schmitz Avenue.
“While the appeal process did not slow construction, it is a relief to have the
city council’s decision upheld, and to know that we may move forward with
constructing a safe and secure campus,” said district superintendent Shelley
Redinger in a statement.
Walker and fellow Sandy resident Ron Bush originally appealed a number of
elements of the project, including pedestrian access, ball field lighting and the
use of Cor-ten steel, after the city planning commission’s originally approved
plans in the spring. That appeal was denied by Sandy City Council, setting the
stage for Walker’s LUBA appeal.
Walker has 21 days from the date the board delivered the order to further
appeal the LUBA decision to the Oregon Court of Appeals.
Sandy City Manager Scott Lazenby hailed the decision.
“We’re pleased with ... LUBA affirming the city council’s decision,” he said. “At
least it clears up where the project stands.”
The district, as an intervenor-respondent, and the city, as the respondent to
the appeal, both have the option to seek reimbursement of costs for the
appeal from Walker.
However, Lazenby reported the city has “no plans” to do so, while District
Communications Director Julia Monteith noted the district did not track costs
for the appeal and “the cost/benefit doesn’t warrant pursuing reimbursement
from the petitioner.”
Costs for the appeal, Monteith added, include legal fees, school district staff
time and technical support from engineers, architects and others.
Walker declined to comment on the decision.
Meanwhile, construction continues at the site of the new high school.
According to Monteith, the project to date includes the installation of:
—six miles of storm and sewer pipe
—100 miles and 650 tons of reinforcing steel
—35 miles of electrical conduit
—30 miles of geothermal piping
—a 750,000-gallon cistern for rain water storage
— 800 tons of structural steel
—11,000 cubic yards of concrete (enough to pave a 35-mile sidewalk)
To read the final opinion, visit oregon.gov/LUBA/2010Opinions.shtml.

