Metro Planning, Inc Middle Housing Tentative Partition for Cunningham Trust January 2025 <br />Page | 4 <br /> <br /> <br />(4) The following easements are shown on the tentative plan: <br /> <br /> (a) Easements necessary for locating, accessing, replacing, and servicing all utilities; <br /> (b) Easements for pedestrian access from each dwelling unit to a street; <br /> (c) Easements necessary for any common areas or shared building elements; <br /> (d) Easements necessary for any shared driveways or parking. <br /> <br />Response: No new easements are required to be proposed for this middle housing partition. Please see the attached Middle Housing <br />Tentative Partition – Proposed Plan. Subsections (a)-(d) addressed below: <br /> <br />(a) All utilities run directly from a public right-of-way to each dwelling unit on the subject property. <br />(b) Each dwelling unit has direct access to either Chambers Alley or W. 15th Ave, respectively, without the need to cross proposed <br />new property lines. No easements are needed for pedestrian access from each dwelling unit to a street. <br />(c) There are no common areas or shared building elements. <br />(d) There are no shared driveways or parking. <br /> <br />(5) Separate utilities are provided for each dwelling unit. <br /> <br />Response: Separate utilities, which are located in either W 15th Avenue or Chambers Alley, are existing and serve each dwelling on the <br />subject property separately. All existing utilities – gas, water, electric, and wastewater, are indicated on the attached Middle Housing <br />Tentative Partition Plan – Existing Conditions sheet. <br /> <br />(6) The middle housing land division results in one dwelling unit on each middle housing lot, except lots, parcels or tracts <br />that include a common area. Lots, parcels or tracts that include a common area, but do not include a dwelling unit, are <br />permitted. <br /> <br />Response: The proposed middle housing land division will effectively result in one middle housing dwelling unit on each new middle <br />housing lot. There are no common areas. This criterion is satisfied. <br /> <br />(7) The application demonstrates that buildings or structures on the middle housing lots created by the middle housing land <br />division will comply with applicable building code provisions related to new property lines; and, notwithstanding the creation <br />of new lots or parcels, that structures or buildings located on the middle housing lots will comply with the Oregon Residential <br />Specialty Code. <br /> <br />Response: The existing detached duplex complies with applicable building code provisions related to new property lines, as well as <br />with the Oregon Residential Specialty Code. Please see the attached Middle Housing Tentative Partition Plan – Proposed Plan sheet. <br /> <br />(8) The following notes are included on the tentative plan: <br /> (a) The middle housing lots shown on the tentative plan were created pursuant to a middle housing land division <br /> and may not be further divided. <br /> (b) The middle housing developed on the middle housing lots shown on the tentative plan shall remain middle <br /> housing and shall not be considered to be any other housing type as a result of the middle housing land division. <br /> <br />Response: The notes in subsection (8)(a) and (b), above, are included on the Middle Housing Tentative Partition Plan. <br /> <br />(9) The proposed middle housing land division will not cause any existing improvements on the middle housing lots to be <br />inconsistent with applicable standards in this land use code. <br /> <br />Response: The proposed middle housing land division will not cause any existing improvements on the middle housing lots to be <br />inconsistent with EC 9.5550. Per City File # ZVR 16-29, the dwelling at 1548 Chambers Alley has legal non-conforming status and <br />uninterrupted continuation of use is permitted. See attached letter from City of Eugene Land Use Supervisor, Kristie Brown, dated June <br />27, 2016, which supports the proposal’s compliance with EC 9.8194(9).