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

1. Prohibition of Secondary Dwellings' on Alley Access Lots The relevant standards from the Eugene Code provide: 9.2741 Special Use Limitations for Table 9.2740. (2) Secondary Dwellings. Secondary dwellings are only permitted in R-1 and are subject to the standards beginning at EC 9.2750, except that new secondary dwellings are prohibited on alley access lots. 9.2751 Special Development Standards for Table 9.2750. (18) Alley Access Lots in R-1. (a) General Standards. 2. Use Regulations. Alley access lots have the same land use regulations as the base zone except that there is no allowance for a secondary dwelling. The prohibition on siting an accessory dwelling on an R-1 lot if the lot does not have street frontage and can be accessed only from an alley is a regulation relating to siting. It relates to the location of buildings, specifically those that are proposed for location on an alley; it relates to the ground that may be occupied by an accessory dwelling. ORS 197.312(5)(b) specifically makes the allowance of accessory dwellings subject to local regulations. Although this regulation does make an accessory dwelling a prohibited use on some lots, it is reasonable because it is necessary to addresses the impacts of a potential doubling of the number of vehicular trips on city alleys that are not typically improved to a level to support such traffic. It also helps ensure that the increased densities on these inherently small lots do not create "livability" issues that arise when residential neighborhoods become overcrowded with unregulated infill. Livability issues must be balanced with growth for the welfare of a community's members. Goal 14 is "[t]o provide for an orderly and efficient transition from rural to urban land, to accommodate urban populations and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities." Development on alley access lots can be more impactful to surrounding properties because they are generally small lots surrounded by homes on three sides. The existing alleys are within the older neighborhoods where there is a traditional grid pattern of blocks and streets along with older homes that limits the location and overall size of alley access lots. The regulation is an effective way to limit traffic on the city's alleys, many of which are unimproved, and to address livability concerns associated with overcrowding. Based on the above findings, this standard would apply to the proposed request. 2. Minimum Lot Size The relevant standard from the Eugene Code provides: z Eugene's code does not currently refer to "accessory" dwelling units. Under Eugene's code, an ORS 197.312(5)(b) "accessory dwelling unit" may be allowed in the R-1 zone as a "secondary dwelling." The land use code defines "secondary dwelling" as "a dwelling unit that is located on the same lot as a primary one- family dwelling that is clearly subordinate to the primary one-family dwelling, whether a part of the same structure as the primary one-family dwelling or a detached dwelling unit on the same lot. Either the secondary dwelling or the primary dwelling must be occupied by the property owner." Based on LUBA's Order, the City considers the proposed use to be a "secondary dwelling" under the current code, and the City would not apply the last sentence of the definition.