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Appeal Final Order
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Last modified
5/19/2022 3:14:53 PM
Creation date
5/19/2022 3:14:14 PM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
ARB
File Year
21
File Sequence Number
2
Application Name
THE HARRY AND ETTA CHASE HOUSE
Document Type
Appeal Findings
Document_Date
5/19/2022
External View
Yes
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<br />Final Order: The Harry and Etta Chase House | HDM 21-1/ HA 21-3/ ARB 21-2 <br /> <br /> <br />Because the applicant’s request for a Historic Alteration included a number of design features, the <br />standards for those features became items that were required for review under the approval criterion <br />for Historic Alteration listed above. For many standards in the Eugene Code, an applicant may either <br />directly meet the standard, or where specifically allowed, may apply for an adjustment to the standard <br />as an alternative means of demonstrating compliance. As discussed in the Final Order of the Historic <br />Review Board, the applicant specifically applied for several adjustments which necessitated a review for <br />compliance with the standards that became applicable under EC 9.8175(9). <br /> <br />The Planning Commission finds that because the applicant specifically requested that the adjustments <br />be considered as part of the Historic Alteration application and be run concurrently with the Historic <br />Demolition application, the Historic Review Board had the authority to consider the Adjustment Review <br />application as requested by the applicant. <br /> <br />The Planning Commission finds that based on the requirement from OAR 660-023-0200(8), the authority <br />for the Historic Review Board to act as a decision maker from EC 2.355(5) and EC 9.7055, and the <br />requirement for compliance with standards at EC 9.8175(9), the Historic Review Board had the authority <br />to issue a decision on the adjustment review applications. This appeal issue provides no basis for <br />modification, or reversal of the Historic Review Board’s decision. <br /> <br />3. Allegation of the need for a land use code amendment to comply with OAR 660-023-0200(8). <br /> <br />Appellant’s Argument <br />Baker asserts that to comply with OAR 660-023-0200(8), the City must amend Chapter 9 of the Eugene <br />Code to include the requirement for a public hearing for a demolition of a National Register property. <br />Baker also asserts that a historic overlay or zone change to a historic district is needed to provided <br />protection of National Register properties. <br /> <br />Planning Commission’s Determination <br />The key text of OAR 660-023-0200(8) is provided below for ease of reference: <br /> <br />OAR 660-023-0200(8) National Register Resources are significant historic resources. For these <br />resources, local governments are not required to follow the process described in OAR 660-023-0030 <br />through 660-023-0050 or sections (4) through (6). Instead, a local government: <br /> <br />(a): Must protect National Register Resources, regardless of whether the resources are designated in <br />the local plan or land use regulations, by review of demolition or relocation that includes, at minimum, <br />a public hearing process that results in approval, approval with conditions, or denial and considers the <br />following factors: condition, historic integrity, age, historic significance, value to the community, <br />economic consequences, design or construction rarity, and consistency with and consideration of <br />other policy objectives in the acknowledged comprehensive plan. Local jurisdictions may exclude <br />accessory structures and non-contributing resources within a National Register nomination… <br />
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