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Court of Appeals Decision
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Last modified
12/27/2019 4:01:21 PM
Creation date
12/26/2019 2:48:45 PM
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Template:
PDD_Planning_Development
File Type
WG
File Year
18
File Sequence Number
3
Application Name
Lombard Apartments
Document Type
Appeal Decision
Document_Date
8/14/2019
External View
Yes
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I AOYAGI, J. <br />2 Petitioners seek judicial review of a final order of the Land Use Board of <br />3 Appeals (LUBA). LUBA affirmed the City of Eugene's final land use decision <br />4 approving, with conditions, a consolidated application for site review, adjustment review, <br />5 and a Willamette River Greenway permit to construct a 94-unit apartment complex on a <br />6 vacant lot between River Road and the Willamette River. In their sole assignment of <br />7 error, petitioners challenge the city's net-density calculation for the proposed <br />8 development, based on Eugene Code (EC) 9.275 1, asserting that LUBA erred when it <br />9 affirmed the inclusion of a leasing office, a maintenance building, and two internal <br />10 parking circulation areas in the calculation. As explained below, we conclude that LUBA <br />11 erred with respect to the leasing office--and therefore reverse in part and remand--but did <br />12 not err with respect to the maintenance building and the parking areas. <br />13 <br />FACTS <br />14 Both the historical facts (taken from LUBA's order) and the procedural <br />15 facts are undisputed. We state the basic facts here and will provide more detailed facts, <br />16 as needed, in connection with the relevant legal analyses. <br />17 The subject property is 3.59 acres and zoned Medium Density Residential <br />18 (R-2) with one or more overlays. Under the Eugene Code, the maximum net density <br />19 allowed in the R-2 zone is 28 dwelling units "per acre of land in actual residential use and <br />20 reserved for the exclusive use of the residents in the development." EC 9.2751(1)(b) <br />21 (quotation); EC tb19.2750 (number of units). <br />1 <br />
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