1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />S <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 />CITY OF EUGENE 6 <br />CITY ATTORNEYS <br />OFFICE <br />125 F.IP Avenue <br />Eugene, OR 87401 <br />Phone (541) 682-8447 <br />Fax (5411682-5414 <br />"(c) For purposes of calculating net density: <br />1. The acreage of land considered part of the <br />residential use shall exclude public and private <br />streets and alleys, public parks, and other public <br />facilities. <br />2. In calculating the minimum net density required <br />for a specific lot or development site, the planning <br />director shall round down to the previous whole <br />number. <br />3. In calculating the maximum net density allowed <br />for a specific lot or development site the planning <br />director shall round up to the next whole number <br />only for: <br />a. A lot or development site that is 13,500 <br />square feet or more in area; <br />b. A lot or development site that is not abutting <br />the boundary of, or directly across an alley <br />from land zoned R 1; and <br />c. Fractions of .75 or above. <br />In all other circumstances, the planning director <br />shall round down to the previous whole number." <br />In determining the net density, the staff report excluded from the <br />acreage of land considered part of the residential use (1) lands required to be <br />dedicated for right-of-way purposes, and (2) a sewer easement that runs <br />along the east border of the property. Rec. 1175-76. The staff did not, <br />however, exclude an EWEB water line easement from the net density <br />calculation. Public testimony to the Hearings Official argued that easements <br />cannot be built upon and therefore should not be counted as part of the <br />residential use in calculating net density. The Hearings Official concurred <br />with the applicant, and concluded that all easements are to be included. Rec. <br />55.14 <br />14 The Planning Commission affirmed the Hearings Official with little <br />discussion: <br />Page 24 - BRIEF OF RESPONDENT <br />