Agenda Packet 9-16-19 Work Session

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Findings Addressing ORS 197.312(5) September 3, 2019 6 construction”) of the building. Regarding EC 9.2751(17)(a)2. for attached and detached accessory dwellings (except within the university area neighborhoods), limiting building square footage to 10 percent of the total lot area or 800 square feet, whichever is smaller, is reasonable because accessory dwellings, by definition (ORS 197.312(5)(a)) must be “used in connection with” or “accessory to” the main dwelling. While not a sufficient factor on its own, the size differential contributes to the accessory relationship between the two dwellings, consistent with the statutory definition. Limiting the accessory dwelling size based on the lot size is also reasonable, because development on smaller lots can have a greater impact on overcrowding and neighborhood livability. Regarding EC 9.2751(17)(b)1. for detached accessory dwellings (except within the university area neighborhoods), providing a limit of up to 300 square feet of un-heated garage or storage space is reasonable because it provides for a reasonable amount of storage or garage space in connection with the accessory dwelling while keeping the accessory dwelling a subordinate use on the lot, consistent with the definition of “accessory dwelling” at ORS 197.312(5)(b). Regarding EC 9.2751(17)(c)5., which applies to all accessory dwellings in the university area neighborhoods, limiting building square footage to 600 square or 800 square feet (depending on the lot size) for accessory dwellings in the university area neighborhoods is reasonable because accessory dwellings, by definition (ORS 197.312(5)(a)) must be “used in connection with” or “accessory to” the main dwelling. While not a sufficient factor on its own, the size differential contributes to the accessory nature of the relationship between the two dwellings. This building size limitation in the university area neighborhoods is similar to the standard that applies to the remainder of the City. In all areas of the city, 800 square feet in the maximum building size for accessory dwellings. It is reasonable that accessory dwellings within the city-recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University Neighborhood Association are subject to specialized area- specific standards. The standards contained in EC 9.2751(17)(c) were adopted as interim protection measures for the existing single-family neighborhoods surrounding the University of Oregon (Amazon, Fairmount and South University), which have in recent years experienced a substantial increase in unforeseen housing development associated with the skyrocketing demand for private student housing in the proximity of the university. Residents of those neighborhoods supported this regulation as a way to help make the new development less impactful on the livability of the neighborhood. Livability is an important Statewide Planning Goal 14 concept, along with accommodating the need for compact development. As part of Envision Eugene, the city is committed to completing area planning for the university area neighborhoods, including consideration of specific design standards for housing to addresses impacts from proximity to the University of Oregon. The interim protection measures are intended to limit further negative impacts until the area planning process is completed. It is expected that these interim measures will be replaced by a more comprehensive set of development and design standards established as part of the area planning effort. September 16, 2019, Work Session – Item 1