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LUBA RET. EX 076/077 RE-T
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LUBA RET. EX 076/077 RE-T
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Last modified
4/27/2017 4:32:29 PM
Creation date
3/29/2017 1:46:04 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
10/9/2013
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Yes
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condition that the final PUD plans show the structures setback five feet from the west property <br />line. These conditions also apply to Building 6 and Tax Lot 500. The recommended condition of <br />approval is as follows: <br />Prior to final PUD approval, the applicant shall obtain from the property owners of Tax Lots <br />500, 5600, 5700, and 10100, an easement abutting the proposed structures on the subject <br />property that are located less than five feet from the interior property lines (i.e. the <br />garages, carports, and wall along the west property line, and the portion of the wall and <br />Building 6 abutting the south property line). The easement shall establish a 10-foot no- <br />build zone, for fire code purposes, and, for at least the first five feet abutting the common <br />property line, rights for the development to access and maintain the. backside of their <br />buildings. Alternatively, if the applicant is unable to obtain these off-site private easements <br />from the adjacent property owners, then the final PUD plans shall show all structures <br />setback at least five feet from the property lines. <br />Staff notes that a five-foot shift of the development plans to the east should not significantly <br />affect other site features, as there is sufficient area within the common areas and along the east <br />property line to accommodate the adjustment. With regard to the PUD purpose statements, the <br />overall development achieves those; in regards to these specific setback issues, the PUD purpose <br />statements are met, to the degree the proposed design is critical to the overall success of the <br />development. Here, staff believes that the alternative of requiring compliance with the setback <br />standards is both feasible and would not jeopardize compliance with any other approval criteria or <br />applicable standards. <br />With regard to 9.2795 Solar Setback Standards. EC 9.2795(3) grants an exception to these <br />standards because the buildings abutting the north property line (Buildings 1 and 2) would shade a <br />non-developable area, namely right-of-way for Oakleigh Lane and the bicycle/pedestrian access <br />way required along the north property line. For comparative purposes, absent the right-of-way, <br />the required solar setback would be 20 feet from the north property line. Both buildings are <br />setback at least 20 feet from the north property line. As such, it does not appear that a formal <br />modification through the PUD process is required; however, one could be supported for the same <br />reasons a modified front line setback, as discussed previously, would be granted. <br />With regard to EC 9.5500 Multiple-Family Standards. the development complies with all of the <br />applicable standards, as follows: <br />o Street Frontage: 60 percent of the street frontage, which is 82 linear feet, is <br />occupied by a building; <br />o Building Orientation and Entrance: only applies to Building 1, abutting the street, <br />which has primary entrances facing the street; <br />o Building Mass and Facade: only applies to Building 1, abutting the street, which is <br />less than 100 feet in length <br />o Articulation: the buildings have porches, windows, and offsets; <br />o Landscaping: the development exceeds the minimum requirement of 4,007 square <br />feet; <br />o Open Space: the development has more than double the required open space, with <br />54,727 square feet instead of 20,037 square feet; <br />Staff Report: Oakleigh Meadows Cohousing September 2013 Page 29 <br />HO Agenda - Page 36 <br />
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