(5) Exceptions to the maximum lot size shall be granted if any of the <br />following is met: <br />(a) Existing physical circumstances such as topographically constrained <br />lands, conservation easements, existing buildings, or utility <br />easements prevent the ability to further divide the lot. (d) The <br />exception will enable the protection of natural resources. <br />(d) The exception will enable the protection of natural resources. <br /> <br />The standards of Table 9.2760 limit the maximum size of new lots in the R-1 zone to 13,500 <br />square feet. The applicant is requesting several exceptions to this standard. <br /> <br />Lots 20, 22 and 23 contain existing buildings and other physical features associated with those <br />buildings such as driveways and garden spaces, which preclude reducing these lots below the <br />maximum 13,500 square feet according to the applicant. Staff notes that Lot 4 also contains a <br />single-family structure with a lot size in excess of 13,500. Staff agrees that in the case of Lots 4, <br />20, and 23, the proposed lot boundaries appear logical in order to preserve the existing <br />developed structures and other improvements, while allowing for the proposed new lots and <br />future development. Further division of these lots would disrupt the existing development. <br /> <br />In the case of Lot 22, which is proposed as 17,994 square feet, the applicant indicates that this <br />lot contains an existing vineyard and fruit tree orchard as well as several existing large trees, <br />which the developer wishes to retain in its entirety with the existing house on Lot 23. Staff is <br />concerned that in the future, if the applicant were to sell one or both of Lots 22 and 23, Lot 22 <br />would be able to develop a larger area than typical for the R-1 zone. In addition, Lots 5, and 14 <br />through 19 exceed the maximum allowable lot size as a result of topographic constraints and <br />natural resource protection. All of these lots have individual preservation areas and useable (or <br />buildable) areas of varying size. All but two lots (Lots 5 and 16) have useable areas under <br />13,500 square feet when subtracting their respective preservation areas. Staff agrees that the <br />proposed preservation areas on these lots effectively reduce the buildable area of each lot <br />consistent with the 13,500 square foot limitation for the R-1 zone, except for Lots 5 and 16. Lot <br />5 has a useable area of 16,618 square feet and Lot 16 has a useable area of 16,168 square feet. <br /> <br />For all of these lots (5, 16, and 22), staff is concerned with the size of the useable or buildable <br />area. In order to provide consistency with the R-1 zone as well as limiting grading impacts and <br />tree preservation associated with development, consistent with the policies of the South Hills <br />Study and Eugene Code, staff recommends the following condition: <br /> <br />The final site plan shall be revised to show a buildable area on Lots 5, 16 and 22 not to <br />exceed 13,500 square feet. <br /> <br />Lots 5, 6, 8, 9, 17, 18, 19, and 33 have no frontage on a public or private street. All of these lots <br />are accessed by private driveways with access easements across other parcels, or in the case of <br />Lot 19 across Tract A. Staff finds the proposed shared driveway accesses provide effective <br />frontage and access for practical purposes to these lots while reducing the need for additional <br />streets which would create additional grading impacts and potential loss of additional trees and <br />vegetation. <br /> <br />Capital Hill PUD (PDT 17-1) February 2018 39 <br />Page 39 <br /> <br />