<br />• 5: Whether Randy Lane stub, which cannot connect, needs to be “public” vs “private <br />road?” <br /> <br />• 6: Whether City has justified exacting the public road dedication under Nollan and <br />Dolan? <br /> <br /> <br />Discussion Point on three Open Issues: <br /> <br />9: Whether City may use its Overlay Zones to limit/negate Middle Housing rights? <br /> <br />Middle Housing Statute, ORS 197A.420(2)(a): <br /> <br />“Except as provided in subsection (4) of this section, each city with a population <br />of 25,000 or greater * * * shall allow * * * all middle housing types in areas <br />zoned for residential use that allow for the development of detached single- <br />family dwellings.” <br /> <br />ORS 197A.420(1)(c): <br /> <br />“’Middle housing ’means: (A) Duplexes; (B) Triplexes; (C) Quadplexes; (D) <br />Cottage clusters; and (E) Townhouses.” <br /> <br />Base zone is R-1: It allows detached single-family dwellings. <br /> <br />Overlay Zone is /PD: It prohibits any development above 901’ elevation. EC 9.8325(8)(a): <br /> <br />“No development shall occur on land above an elevation of 901 feet except that <br />either middle housing or one single-unit dwelling may be built on any lot in <br />existence as of August 1, 2001.” <br /> <br />Basic question: Does “areas zoned for residential use” mean base zones, or does it also include <br />any overlay zones? <br /> <br />How do you determine the meaning of the phrase in the statute? <br />1. Pick the meaning you like? <br />2. Apply the state rules for construing statutes – the PGE rules? <br /> <br />The answer is 2: You apply the PGE rules for construing statutes as LUBA and Court Appeals <br />always do and did in the Eugene ADU litigation – Kamps-Hughes. <br /> <br />Appeal Testimony (PDT 24-01 & ST 24-03) - Batch #1 Page 15 of 43