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<br />Neighborhood group. As of this date, the City has received two calls in response to the <br />notices. One call was from a neighbor to the park and another from a resident in the <br />neighborhood who is an active member of the Whiteaker Community Council neighborhood <br />group. The neighbor called to express gratitude that the plans indicate gates for the park and <br />that the gates would be closed and locked at night. She stated that she has experienced <br />incidences of transients and youth using the parking lot for overnight stays and parties, <br />respectively. On the other hand, the neighborhood resident called to express concerns about <br />the park being gated and locked at night because he liked to stroll through the park during <br />that time. In response, the applicant declares the purpose for the locked gates is to stop the <br />vandalism to the rose bushes and in some cases, theft of the rose bushes. He further <br />explained that pedestrians would still be able to access the garden and that the gates would <br />primarily prevent parking and loitering in the parking lot. No other responses have been <br />received. <br /> <br />The plans were referred to various City departments and service agencies for review and <br />comment. The respective requirements of these departments and agencies are incorporated <br />into the evaluation and conditions of approval for this modification request. <br />Findings and Evaluation <br /> <br />Eugene Code Section 9.260 states that the development of land in the city that is within the <br />Willamette River Greenway shall be in accordance with Planned Unit Development or <br />Conditional Use Procedures. Given the existing Conditional Use Permit (CU 84-23) for the <br />Rose Garden, it is appropriate to request modifications pursuant to the procedures governing <br />Conditional Use Permits (9.696 - 9.722). <br /> <br />Eugene Code Section 9.722(2) provides for the planning director to approve modifications <br />that are minor in nature and that result in insignificant changes in the outward appearance of <br />the development and impact on surrounding properties. The planning director's decision is <br />to be based upon the following findings: <br /> <br />Section 9.722(2)(a)1: The changes are consistent with the conditions of the original <br />approval. <br /> <br />As noted earlier, there were no conditions of approval stipulated in the approval of CU 84- <br />23. The proposed changes to the development plan are, however, consistent with the nature <br />and intent of the site development shown on the 1984 plan. <br /> <br />The existing house, shown on the approved 1984 site plan, was specified to be used for group <br />rental community building. A structural report in 1995 indicated that the cost to bring the <br />structure up to safety standards for this type of use would be cost prohibitive. Therefore, a <br />decision was made to replace the building with a new structure in the future when funding <br /> <br />OWEN ROSE GARDEN (MD 97-6) (CU 84-23) <br />Page 4 <br />