Application Materials (1-2-20) - Laserfiche WebLink

October 16, 2019 Bill Kloos Law Office of Bill Kloos PC 375 W. 41h Avenue, Suite 204 Eugene, OR 97401 Subject: Zone Verification - City File #ZVR 18-49 (On Remand) 1515 Orchard Street Map & Tax Lot #17-03-33-33-03000 Dear Mr. Kloos This letter is in response to the above-referenced zone verification request, dated December 10, 2018 and the subsequent remand from the Land Use Board of Appeals, regarding the property in Eugene. On December 10, 2018, you submitted a zone verification request for the above-referenced property and stated that the proposed use of the property was to "add one 800 square foot ADU [accessory dwelling unit]" to this alley access lot. The lot already has one dwelling. You explained that both dwellings will be rental properties for an out-of-state owner. Your request for a Zone Verification asks the City to "confirm the rules that the City will apply in reviewing [your] client's building permit application." At this time, no building permit application has been submitted. Zone Verification, pursuant to EC 9.1080, is used "to evaluate whether a proposed building or land use activity would be a permitted use or be subject to land use application approval or special standards applicable to the category of use and the zone of the property." The subject property is zoned R-1 Low Density Residential and meets the Eugene Code definition (EC 9.0500) of "alley access lot" because it abuts an alley and does not have street frontage. It is located within the boundaries of the Fairmount Neighborhood Association. The City issued an initial Zone Verification decision on February 7, 2019. That decision included two determinations. First, it determined that the City Code does not permit the proposed use at the proposed location because the R-1 Zone regulations allow two houses on a lot only if one of them is occupied by the land owner. Second, the February 2019 decision determined that the proposed use would not be an "accessory dwelling unit" based on the definition at ORS 197.312(5) (so would not be subject to that statute) because the second house would not be a dwelling that is "used in connection with or that is accessory to [the existing] single family dwelling." You appealed to the Land Use Board of Appeals (LUBA) and on June 6, 2019, LUBA issued a decision remanding the application back to the City for additional work. On June 18, 2019, you filed a request with the City to begin processing the remand. City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541 -682-5572 Fax www.eugene-or.gov/planning