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Findings Addressing ORS 197.312(5) September 3, 2019 15 <br /> <br /> <br />b. The allowances for setback intrusions provided at EC <br />9.6745(3) do not apply within the setback described in a. <br />above, except that eaves and chimneys are allowed to <br />project into this setback no more than 2 feet. <br />c. This standard may be adjusted to allow for an accessory <br />dwelling over an accessory building in accordance with EC <br />9.8030(34). <br /> <br /> <br />Findings: Building height standards are related to design as they affect the plan or “scheme” for the <br />construction and finish of the accessory building. Building setbacks standards are related to siting <br />because they impact the position or location of the accessory dwelling on the lot. <br /> <br />Regarding EC 9.2751(3)(d), which applies in the R-1 zone and clarifies that the additional 7 feet of height <br />granted to buildings with steeper roof pitches does not apply to accessory dwellings, is reasonable <br />because this also applies to accessory buildings (such as garages and sheds) and development on alley <br />access lots, both of which building types are similar in size to accessory dwellings. By definition, <br />accessory dwellings are intended to be used in connection with or accessory to the primary one-family <br />dwelling. Not granting a height bonus in R-1 is a reasonable method to ensure that the accessory <br />dwelling is “accessory” to the primary dwelling. <br /> <br />Regarding EC 9.2751(17)(a)3., which requires attached accessory dwellings (except within the university <br />area neighborhoods) located within 60 feet of a front lot line have interior yard setbacks of at least 5 <br />feet, and a maximum building height limited to that of the main building as per Table 9.2750 is <br />reasonable because it applies the minimum setback and maximum building height of the main building <br />(primary dwelling) to the accessory dwelling that is attached to the main building. Presumably, if the <br />attached accessory dwelling is within 60 feet of the front lot line, it will have less of an impact on <br />adjacent properties than if located in the back yard. The standards in subsection b. that prescribe a <br />sloped setback and maximum building height of 18 feet for attached accessory dwellings located greater <br />than 60 feet from a front lot line is reasonable because there are greater impacts to surrounding <br />properties when an accessory dwelling is located more than 60 feet from the front lot line. The <br />standard in subsection c. that limits intrusions into setbacks beyond the standard instructions at EC <br />9.6745(3) are reasonable because accessory dwellings can have a greater impact on overcrowding, solar <br />access and neighborhood livability. <br /> <br />Regarding EC 9.2751(17)(b)5., which applies to detached accessory dwellings (except in the university <br />area neighborhoods) is reasonable because accessory dwellings are intended to be accessory to the <br />primary dwelling, and limiting their size is one way to ensure they are accessory. Limiting the building <br />height and setbacks of detached accessory dwelling is also reasonable because development on the rear <br />portion of lots can have a greater impact on overcrowding, solar access and neighborhood livability. <br /> <br />Regarding EC 9.2751(17)(c)9., which applies to detached accessory dwellings in the university area <br />neighborhoods, these standards are same as the standards that apply to detached accessory dwellings <br />in the remainder of the city (see EC 9.2751(17)(b)5.), except that there is no provision for an adjustment <br />review to allow for an accessory dwelling over an accessory building, such as a detached garage. <br /> <br />It is reasonable that accessory dwellings within the city-recognized boundaries of Amazon Neighbors, <br />Fairmount Neighbors and South University Neighborhood Association (“the university area <br />September 16, 2019, Work Session – Item 1