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City Council upholds city engineer, denies appeal to keep 4-inch sewer lateral
Summary
Corvallis City Council voted unanimously to deny an appeal seeking to retain an existing 4-inch public sanitary sewer lateral instead of installing the 6-inch lateral required by the city's engineering standards, upholding the city engineer's Dec. 30, 2024 decision.
Corvallis City Council voted unanimously Tuesday to deny an appeal of the city engineer's Dec. 30, 2024 decision requiring a 6-inch public sanitary sewer lateral for a four-unit infill development, upholding the engineer's denial of the applicant's request to retain a 4-inch lateral.
The appeal hearing focused on whether the council may consider only the record that was before the city engineer when he made his decision and whether his decision was "arbitrary and or capricious." City Attorney Emily Madisar told the council it must follow Corvallis Municipal Code (CMC) 1.11 0.03, which directs the council to "review the decision and the fact or record upon which the decision was based for the purpose of determining whether the decision was arbitrary and or capricious."
The appellant's attorney argued the council has broader authority under the city charter and that the engineer's standard is arbitrary and…
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