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(c) The proposed development would otherwise result in an increase in the <br />extent of the existing driveway’s or parking area’s non-conformance. <br />(3) <br /> A non-conforming driveway or parking area may be paved or re-paved to the <br />extent of the driveway or parking area that existed as of December 14, 2009, <br />without having to be brought into conformance. <br />(4) <br /> Legally established buildings and uses conforming to the residential net <br />density requirements in the R-2 zone on December 7, 1994 are exempt from <br />EC 9.1210 to 9.1230 Legal Nonconforming Situations, pertaining to <br />nonconforming uses. This exemption is limited to development sites in the S- <br />JW Jefferson Westside Special Area Zone on which residential buildings and <br />uses existed, or in which a development permit or land use application was <br />pending, on December 7, 1994. If such a building which is nonconforming as <br />to minimum density is destroyed by fire or other causes beyond the control of <br />the owner, the development site may be redeveloped with the previous <br />number of dwelling unit(s) if completely rebuilt within 5 years. If not <br />completely rebuilt within 5 years, the development site is subject to the density <br />standards for the S-JW Jefferson Westside Special Area Zone. <br />Section 6. <br /> Subsection (26) of Section 9.8030 of the Eugene Code, 1971, is added to <br />provide: <br />9.8030 Adjustment Review - Approval Criteria. <br />The planning director shall approve, <br />conditionally approve, or deny an adjustment review application. Approval or <br />conditional approval shall be based on compliance with the following applicable <br />criteria. <br />(26) S-JW Jefferson Westside Special Area Zone. <br />The following standards <br />applicable within the S-JW Jefferson Westside Special Area Zone may be <br />adjusted upon a finding that the adjustment is consistent with the following <br />criteria. <br />(1) Driveway width. <br /> An additional two feet of width is allowed for any <br />portion of a driveway that takes access from a street based on the <br />following criteria: <br />(a) The additional driveway width is necessary to avoid an unsafe <br />condition, to comply with the requirements of EC 9.6420 (Parking <br />Area Standards) or to provide reasonable maneuvering room <br />around an obstacle that cannot be practicably relocated to a <br />different location that would not create a driveway obstacle; and <br />(b) The additional area allowed under this adjustment is the minimum <br />necessary to accomplish the objective under (1)(a), above. <br />(2) Means of primary vehicle access. <br /> A dwelling considered to have its <br />primary vehicle access from the alley, according to EC 9.3625(3)(a)2.b., <br />may be considered to have its primary vehicle access from the street if <br />the applicant demonstrates that physical conditions or code standards <br />preclude the establishment of vehicle parking on any part of the lot that <br />could be accessed from the alley. <br />Ordinance - Page 17 of 19 <br />