defined in EC 9.0500. The Hearings Official <br />common house as one dwelling is consistent with EC 9.2751. <br /> <br />EC 9.2751(1)(c) sets forth areas that must be excluded from the net density calculation. Those <br />water and sewer lines must be excluded. The applicant argues that easements are not the <br /> <br /> <br />The Hearings Official agrees with the applicant. EC 9.2751(1)(c)(1) uses the specific language <br />the provision was <br />intended to exclude easements it would so state. Adding that concept to the provision would <br />fined in the Metro Plan. Those definitions contemplate above ground physical <br />structures such as water reservoirs, pump stations, and drainage or detention ponds. The <br />Hearings Official has not been directed to information in the record that would necessitate <br />removing the land area associated with easements where the infrastructure that utilizes the <br />easement is below ground. Therefore, none of the easements identified by the opponents <br />must be excluded from the net density calculation including the sewer easement on the <br />eastern boundary. <br /> <br />Similarly, the garbage and emergency turn around does not become a public facility simply <br />because it might be used by public entities periodically. Those areas do not reasonably fall into <br />the category of <br /> <br />As to the areas that the neighbors argue should be excluded due to pending property line <br />adjustments, it appears that the area along the northern property line has already been <br />excluded due to the required dedications. It is unclear whether the property line adjustment <br />on the southeast corner was taken into account. However, even if that area is excluded (2706 <br />square feet) with the addition back of the land Staff removed for the sewer line easement <br />(3230 square feet) the proposed density of 29 units still meets the density restrictions for the <br />low density residential zone. <br /> <br />(b)EC 9.6500 through EC 9.6505 Public Improvement Standards. <br /> <br /> <br />EC 9.6500 Easements <br /> <br />The Staff report found, and the Hearings Official agrees that this section authorizes the City to <br />require dedication of easements for wastewater sewers and other public utilities and access <br />under certain circumstances. This section also prohibits obstructions within public easements. <br />easements, other than the 20-foot wide public sewer easement that overlaps the east <br />boundary of the subject property and an underground 72-inch wastewater trunk line. The <br /> <br /> <br />Hearings Official Decision (PDT 13-1, WG 13-1) 35 <br /> <br /> <br />