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Agenda Packet 5-20-19 Public Hearing
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Agenda Packet 5-20-19 Public Hearing
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5/20/2019
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5/20/2019
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(1)Accessory Dwellings. Accessory dwellings shall conform to all of the <br />following: <br />(e)Detached accessory dwellings shall: <br />1.Comply with the residential density limitations in Table <br />9.3815(3)(n) Royal Node Special Area Zone Development <br />Standards. <br />2.Provide a pedestrian walkway from the street or alley to the <br />primary entrance of the secondary dwelling. <br />3.The primary entrance to a secondary dwelling shall be defined by <br />a roofed porch. <br />4.Outdoor storage and garbage areas shall be screened from view <br />from adjacent properties and those across the street or alley. <br />Prior to issuance of a final occupancy permit for the secondary dwelling, <br />the owner shall provide the city with a copy of a notice that has been <br />recorded with the Lane County Clerk that documents the secondary <br />dwelling or primary dwelling is owner/occupied. <br />Findings: Regarding EC 9.2751(17)(a)7. and (c)11., and EC 9.3811(1)(e), the requirement that either the <br />accessory dwelling or primary dwelling be occupied by the owner of the property is both consistent with <br />the statutory definition, and a reasonable regulation related to siting. Requiring owner-occupancy is <br />related to siting because it requires the accessory dwelling to be located on a lot where an owner lives. <br />Requiring one of the units to be owner-occupied is a reasonable way to ensure that the accessory <br />dwelling is sited to be used “in connection with or accessory to” the primary dwelling. <br />Regarding EC 9.2751(17)(a)8. and (c)12., providing relief to the owner-occupancy requirement by <br />allowing for a property owner to temporarily vacate the principal residence for up to one year due to a <br />temporary leave of absence for an employment, educational, volunteer opportunity, or medical need is <br />a reasonable standard related to siting. As addressed above, the owner-occupancy requirement is <br />related to siting, in that it requires the accessory dwelling to be located on a lot where an owner lives. It <br />is reasonable to accommodate circumstances that may make it is temporarily impossible for one of the <br />dwellings to be owner-occupied. <br />Regarding EC 9.2751(17)(a)9. and (c)13. and EC 9.3811(1)(e), the requirement for a deed restriction in <br />conjunction with the owner-occupancy requirement is a reasonable standard related to siting. As <br />addressed above, owner-occupancy is related to siting. A deed restriction is a reasonable method to <br />require a property owner to conform to the owner-occupancy standard, and to ensure that future <br />property owners are aware of the restriction on the property. <br />Regarding EC 9.2751(17)(a)10. and (c)14., the requirement for verification in conjunction with the <br />owner-occupancy requirement is a reasonable standard related to siting. As addressed above, owner- <br />occupancy is related to siting. Requiring a property owner to provide verification that the property is in <br />compliance with the owner-occupancy requirement is a reasonable way to ensure that standard <br />continues to be met. <br />May 20, 2019, Public Hearing - Item 2
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