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Findings Addressing ORS 197.312(5) September 3, 2019 2 <br /> <br /> <br />identified development standards to ensure they are subject only to “reasonable local regulations <br />relating to siting and design.” <br /> <br />City Council held a work session on February 20, 2019 to begin addressing the remand. At that meeting, <br />Council reviewed the accessory dwelling regulations raised in the LUBA appeal to provide initial <br />direction for staff work on code amendments. Essentially, the Council provided staff with an initial “hit” <br />as to whether the identified code provisions are “reasonable regulations relating to siting and design” <br />consistent with ORS 197.312(5)(a). Council provided direction for staff to return with a proposed <br />ordinance that, if passed, would eliminate some of the regulations identified in the LUBA appeal. <br />Council also asked that staff provide findings to explain how the retained regulations are consistent with <br />ORS 197.312(5)(a). <br /> <br />The findings in this document pertain to the regulations identified in LUBA’s remand that the City <br />Council has determined to be consistent with ORS 197.312(5) and is retaining in the City Code. <br /> <br />The terms “used in connection with,” “accessory to,” “reasonable,” “siting” and “design” are not defined <br />in state law or in the Eugene Code, nor is there any useful textual, contextual or legislative history of the <br />terms associated with Senate Bill 1051. The definitions from the Webster’s Third New International <br />Dictionary (2002) were consulted by Council, as described below and as directed in a related LUBA Order <br />(LUBA No. 2019-028). <br /> <br />“Connection” (“in connection with” is not defined) is defined as relevant here to mean: 1 a the <br />act of connecting: a coming into or being put in contact * * * 2 : the state of being connected or <br />linked.” “Connect” “1 : to join, fasten, or link together usu. By means of something intervening <br />* * * 2 : to place or establish in any of various intangible relationships (* * * a relationship of <br />things similar in purpose * * *”). <br /> <br />“Accessory” (“accessory to” is not defined) is defined as relevant here to mean: 1 of a thing a : <br />aiding or contributing in a secondary or subordinate way * * *: supplementary or secondary to <br />something of greater primary importance * * * .” <br /> <br />“Site” (“siting” is not defined) is defined as relevant here to mean “the local position of building, <br />town, monument or similar work either constructed or to be constructed, esp. in connection <br />with its surroundings;” “a space of ground occupied by or to be occupied by a building;” and <br />“land made suitable for building purposes by dividing into lots, laying or streets and providing <br />facilities (as water, sewers, power supply).” <br /> <br />Given this definition of “site” and the new law’s explicit grant of some local regulatory authority over <br />siting, it would be reasonable to find that “regulations relating to siting” include both: (1) regulations <br />that specify the necessary lot characteristics for the siting of an accessory dwelling; and (2) regulations <br />that specify where, on such a lot, an accessory dwelling may be sited. <br /> <br />“Design” is defined as “a scheme for the construction, finish, and ornamentation of a building as <br />embodied in the plans, elevations, and other architectural drawings pertaining to it.” <br /> <br />It would be reasonable, for example, to find that “regulations relating to design” include regulations that <br />address height and size. <br /> <br />September 16, 2019, Work Session – Item 1