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LUBA Affirm
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Last modified
12/27/2019 4:02:23 PM
Creation date
12/26/2019 2:46:45 PM
Metadata
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
LUBA Decision
Document_Date
3/6/2019
External View
Yes
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I the northern property line and be dedicated to the city for public use. The parking <br />2 area will include two parking drives that allow vehicle traffic through the <br />3 development connecting to River Road and Lombard Street. <br />4 The city hearings official held a hearing on the application and approved <br />5 the development in a written decision. Opponents appealed the hearings official's <br />6 decision to the planning commission. The planning commission held a hearing <br />7 and approved the development in a written decision that adopted and modified <br />8 parts of the hearings official's decision. Petitioners appeal the planning <br />9 commission's decision. <br />10 FIRST ASSIGNMENT OF ERROR <br />11 In the R-2 zone, the maximum net density is 28 dwelling units per acre. <br />12 Eugene City Code (EC) Table 9.2750. EC 9.2751(1)(b) defines "net density" to <br />13 mean "the number of dwelling units per acre of land in actual residential use and <br />14 reserved for the exclusive use of the residents in the development, such as <br />15 common open space or recreation facilities." EC 9.275 1 (1)(c)(1) further provides <br />16 that "[t]he acreage of land considered part of the residential use shall exclude <br />17 public and private streets and alleys, public parks, and other public facilities." In <br />18 calculating acreage for net density, the city counted the entire 3.59-acre property, <br />19 and excluded only a 0.21-acre area to be dedicated for the extension of Lombard <br />20 Street. Record 25. The city's calculation allows 94 dwelling units. See <br />21 EC9.2751(1)(c)(2) ("In calculating the minimum net density required for a <br />Page 5 <br />
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