for a PGE review, and made sure that LUBA could not provide a timely answer for this matter by <br />sitting on the pending 12/23 zone verification filing. <br /> <br />Now the Director asks the PC to get in line, not press the issue, not cause trouble, stick with the <br />program. <br /> <br />Here are the options for the PC on this issue: <br /> <br />1. Absorb the only PGE review of the relationship between the MHS and the 901’ Rule – <br />the applicant’s at PDF 95-106 - and find for the applicant on this issue, thus amending <br />the proposed conditioning to allow Middle Housing on Lot 39. <br /> <br />2. Take a short timeout and ask the Director to request her attorney, the City Attorney, to <br />construe the MHS as it relates to the /PD Overlay zone and the 901’ prohibition. <br /> <br />3. Endorse the Director’s position that the 901’ rule can be applied, regardless of the MHS <br />without a PGE review by anyone associated with the City – Director, City Attorney, HO <br />or PC. <br /> <br />This is a replay of the mistakes the Director made in dealing with the Kamps-Hughes ADU zone <br />verifications: <br /> <br />Kamps-Hughes I (2018): <br /> <br />Single family Lot with alley access; owner wanted an ADU, as authorized by the ADU statute <br />(2017). <br />Statute says the state ADU law applies after July 1, 2018. <br />Statute, now as ORS 197A.425(1)(a) says: <br />“shall allow in areas * * * that are zoned for detached single-family dwellings the <br />development of at least one accessory dwelling unit for each detached single- <br />family dwelling, subject to reasonable local regulations relating to siting and <br />design.” <br />K-H was told that alley access dwellings are not allowed by the code. <br />K-H filed Zone Verification application to get an appealable decision. <br />LUBA: <br />• State law applies directly notwithstanding local law. <br />• ADU statute “requires the city to ‘allow’ accessory dwellings in all zones in the city in <br />with a detached single family dwelling, including the R-1 zone.” <br />• City gets to apply local code “reasonable local regulation relating to siting and design.” <br />• LUBA referenced PGE Rules as the way to construe the statute. <br /> <br />Appeal Testimony (PDT 24-01 & ST 24-03) - Batch #1 Page 17 of 43