LUBA's decision rejected the City's determination that the proposed use would not be an <br />"accessory dwelling unit" based on the definition at ORS 197.312(5). LUBA held that the <br />,,proposed use of the secondary dwelling as a residential rental unit on the same lot as the <br />existing single-family dwelling is sufficient to establish that the second dwelling will be used in <br />connection with the existing dwelling" and that "neither residence must be occupied the <br />owner." The City understands LUBA's ruling to mean that the City could not deny the <br />proposed building permit based on an owner-occupancy requirement. Further, it means that <br />the City could apply only "reasonable local regulations relating to siting and design" pursuant <br />to ORS 197.312(5)(a). LUBA remanded the Zone Verification back to the City. <br />This Zone Verification decision evaluates whether the proposed second dwelling would be a <br />permitted use or be subject to land use application approval or special standards applicable to <br />the category of use and the zone of the property, based on LUBA's Order. The proposed use is <br />not subject to a land use approval (e.g. site review, conditional use permit). The proposed use <br />would be permitted in the zone through a building permit process alone, if the proposal meets <br />applicable development standards, including special standards that apply in the R-1 Zone and <br />within the boundaries of the Fairmount Neighborhood Association. <br />This decision addresses the 1 1 issues you raise in your December 10, 2018 request. It is not a <br />complete listing of every development standard that would apply.' The general standards are <br />provided below in bold, followed by the text of the standard from the Eugene Code and <br />findings addressing ORS 197.312(5)(a) related to whether the identified code provisions are <br />"reasonable regulations relating to siting and design" and whether the standard would apply to <br />the proposed request for a building permit if it were submitted today. <br />Some of the standards addressed below are special standards for secondary dwellings that <br />apply only in specific University-area neighborhoods. It is reasonable that accessory dwellings <br />within these areas are subject to specialized area-specific standards. The standards (contained <br />in EC 9.27510 7)(c)) were adopted as interim protection measures for the existing single-family <br />neighborhoods surrounding the University of Oregon (Amazon, Fairmount and South <br />University), which have in recent years experienced a substantial increase in unforeseen <br />housing development associated with the skyrocketing demand for private student housing in <br />the proximity of the University. Residents of those neighborhoods supported these <br />regulations as a way to help make this new development less impactful on the livability of their <br />neighborhoods. Livability is an important Statewide Planning Goal 14 concept, along with <br />accommodating the need for compact development. <br />' Further, this Zone Verification applies current land use code, which may no longer apply when you seek a <br />building permit. The City Council is currently considering an ordinance to substantially change the land use <br />code provisions that would apply to your proposal, including the elimination of some standards. <br />Unfortunately, the statutory deadline for the City's issuance of this Zone Verification decision has arrived <br />before the Council has taken action on the ordinance, so portions of this decision may be moot by the time <br />your client applies for a building permit. <br />