Sean T. Malone <br />Attorney at Law <br />259 E. Fifth Ave., Tel. (303) 859-0403 <br />Suite 200-C Fax (650) 471-7366 <br />Eugene, OR 97401 seanmalone8@hotmail.com <br />July 16, 2018 <br />Via Email <br />Hearings Official, City of Eugene <br />obo Rodney Bohner, Assistant Planner, <br />Atrium Building <br />th <br />99 West 10 Avenue <br />Eugene, Oregon 97401 <br />(541) 682-5437 <br />re: <br />On behalf of Greenway Guardians, Rob Handy, and Jacqueline McClure, please <br />accept this testimony on <br />Needed Hosing application, Willamette Greenway permit, and site review (WG 18-3, SR <br />18-3, ARA 18-8) in response to the applicantm <br />Staff cannot simply dismiss the requirement that net density is the <br />dwelling units per acre of land in actual residential use and reserved for the exclusive use <br />of the residents in the development, (emphasis added). That definition demonstrates <br />that if an area is not in the exclusive use of the residents, then it must be subtracted from <br />the net density calculation. Just as the road was subtracted, so should the areas that are <br />not reserved for the exclusive use of the residents. The leasing office is not for <br />residential use not eserved for the exclusive useIndeed, no <br />one is living in the leasing office. The same is true of the maintenance building adjacent <br />to the leasing office and any areas not reserved for the exclusive use of the residents. <br />Staff also notes that sidewalks must be excluded as a result of the definition of <br /> in EC (net) in EC 9.050. The applicant has not expressly excluded the <br />sidewalks. <br />The area between the development and the river (i.e., the 100-foot setback) is not <br />set aside exclusively for the residents. Therefore, under EC 9.2751(1)(b), that area must <br />be removed from the net density calculation. <br />1 <br /> <br />