Appeal Materials 2024-09-17 - Laserfiche WebLink

Eugene Hearing Official August 14, 2024 Page 14 rights exist wherever single-family detached housing is allowed under the base zoning, subject only to the exceptions listed in the statute. This is such a site. 2. Whether the applicant is entitled to an exception to connectivity between the two ends of Randy Lane? See the Jul 31 Staff Memo. Here we request and justify the exception based on the steep topography, as authorized by EC 9.6815(2)(g)2. This responds to the July 31 Staff Report. The answer is YES. A connecting road segment cannot meet city standards due to topography. The July 31 Staff Memo at page 5 summarizes Public Works comments related to connectivity of Randy Lane, noting that the application materials do not state a qualifying exemption for not connecting Randy Lane, and therefore, the approval should be conditioned to require the applicant to make that showing prior to final plat or justify an adjustment in the alternative. This is a good point and also an about face from the initial staff report. This issue is being put to rest now, rather than with conditioning, which risks posing another appeal issue. Attached to this submittal as Exhibit E is an annotated graphic from KPFF Engineering showing that, due to topography which is more than 20% grade, a connecting road cannot meet the city Public Works standards for roads. This exemption is authorized by EC 9.6815(2)(g)2. It is the same exemption approved by the City in the Round I to excuse connecting Randy Lane. In the Round I Staff Report, dated March 2019, included here as Exhibit F, the Public Works staff said at page 10: “The applicant is requesting an exception to street connectivity. Public Works staff concurs with the applicant’s request regarding the extension of Randy Lane due to the existence of 20% slopes.” The exemption justified here, as shown in the KPFF graphic, is the same exemption approved by the City in 2019. The Public Works July 31 comments analyze the impacts of making the connection at Randy Lane on other aspects of the design and related conditioning, and the impacts are significant with many conditions needing to be changed. All of that redesign and changed conditions can be avoided by justifying the exception now, and that is the efficient thing to do, as the qualification for the exemption is fairly plain to see. The City has been here and done this, approving the same exception for the same road at the same location in Round I. 3. Whether Public Works may require full public road improvements for the proposed extension of the west segment of Randy Lane if it can’t be connected through the steep topography? This responds to the July 31 Staff Memo. The answer is NO. The applicant is entitled to a connectivity exception. The Public Works’ demand for public road improvements is a discretionary exaction that (1) can’t be justified under the clear and objective standards requirement and (2) otherwise can’t pass the Nollan and Dolan tests.