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DRAFT FINDINGS THAT WOULD BE USED IF COUNCIL DECIDES TO <br />RETAIN THE ACCESSORY DWELLING STANDARDS INITIALLY IDENTIFIED <br />FOR REMOVAL <br />Background <br />The City Council held a work session on February 20, 2019 to begin addressing the remand. At <br />that meeting, Council reviewed the accessory dwelling regulations raised in the LUBA appeal to <br />provide an initial determination if they are “reasonable regulations relating to siting and <br />design” consistent with ORS 197.312(5). Council provided direction for staff to return with a <br />proposed ordinance that, if approved by the Council, would retain most of the regulations and <br />would remove five regulations. A draft ordinance, along with findings to justify the remaining <br />regulations raised in the LUBA appeal are consistent with ORS 197.312(5) are provided under <br />separate cover. <br />Some Councilors asked City staff to also provide possible findings relating to the five regulations <br />proposed for removal. Since the statutory term “reasonable regulation relating to siting and <br />design” is so vague, these City Councilors wished to carefully consider whether the five <br />regulations could be rationally justified, allowing Council to retain all of the City’s current <br />regulations. Those alternative findings, explaining how the regulations proposed for removal <br />might be consistent with ORS 197.312(5)(a), are provided here. <br />The regulations proposed to be removed are: <br />•Prohibition on New Flag Lots <br />•Owner/Occupancy Requirement <br />•Maximum Bedroom <br />•Maximum Occupancy <br />•Dog Keeping <br />The draft ordinance that strikes the regulations listed above is provided under separate cover. <br />Findings addressing how the retained regulations are “reasonable regulations relating to siting <br />and design” consistent with ORS 197.312(5) are also provided under separate cover. <br />Possible Substitute Findings <br />The findings below are provided in the event City Council finds, based on public testimony, that <br />any of the above five regulations listed above are “reasonable regulations relating to siting and <br />design” consistent with ORS 197.312(5). <br />May 20, 2019, Public Hearing - Item 2 <br />ATTACHMENT E