pursuant 'to EC 9.68.15(2)(g),12 <br />2 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />CITY OF EUGENE <br />CITY ATTORNEYS <br />OFFICE <br />125 E. 8" Avenue <br />Eugene, OR 97401 <br />Phone (541)682-8447 <br />Fax(541)682-5414 <br />In order to justify an exception to EC 9.6815(2)(d), the applicant <br />provided a local street connection study under EC 9.6815(2)(g)1. See <br />I Rec. 1439-43; App-3-7. The study included a shadow plat for possible <br />`2 EC 9.6815(2)(g) provides: <br />"In the context of a Type II or Type III land use decision, the city <br />shall grant an exception to the standards in subsections (2)(b), (e) or <br />(d) if the applicant demonstrates that any proposed exceptions are <br />consistent with either subsection 1. or 2. below: <br />1. The applicant has provided to the city, at his or her expense, a <br />local street connection study that demonstrates: <br />a, That the proposed street system meets the intent of street <br />connectivity provisions of this land use code as expressed in EC <br />9.6815(1); and <br />b. Ho' undeveloped or partially developed properties within a <br />quarter mile can be adequately served by alternative street layouts. <br />2. The applicant demonstrates that a connection cannot be made <br />because of the existence of one or more of the following conditions: <br />a. Physical conditions preclude development of the connecting <br />street. Such conditions may include, but are not limited to, <br />topography or likely impact to natural resource areas such as <br />wetlands, ponds, streams, channels, rivers, lakes or upland <br />wildlife habitat area, or a resource on the National Wetland <br />Inventory or under protection by state or federal law. <br />b. Buildings or other existing development on adjacent lands, <br />including previously subdivided but vacant lots or parcels, <br />physically preclude a connection now or in the future, considering <br />the potential for redevelopment." <br />Page 21- BRIEF of RESPONDENT <br />