Onyx Street MHLD 16 <br />Middle Housing Land Division, Tentative Plan: Written Statement <br />March 13, 2026 <br /> <br /> <br />Schirmer Consulting, LLC · PO Box 10424, Eugene, OR 97440 · (541) 234-5108 <br />Landscape Architecture + Land Use Planning <br /> <br />and have access to the right-of-way. <br /> <br />(c) Easements necessary for any common areas or shared building elements; <br />Not applicable. <br /> <br />(d) Easements necessary for any shared driveways or parking. <br />Not applicable. <br /> <br />(5) Separate utilities are provided for each dwelling unit. <br />See Tentative Middle Housing Land Division plan. <br /> <br />(6) The middle housing land division results in one dwelling unit on each middle housing lot, except lots, <br />parcels or tracts that include a common area. Lots, parcels or tracts that include a common area, but do <br />not include a dwelling unit, are permitted. <br />Each middle housing lot will have one dwelling unit. <br /> <br />(7) The application demonstrates that buildings or structures on the middle housing lots created by the <br />middle housing land division will comply with applicable building code provisions related to new property <br />lines; and, notwithstanding the creation of new lots or parcels, that structures or buildings located on the <br />middle housing lots will comply with the Oregon Residential Specialty Code. <br />The existing building meets required setback standards to the proposed property line. <br />A referral from city of Eugene Building and Permit Services staff dated November 18, 2024, (for MHT 24- <br />15 and referenced here) states that the proposed Middle Housing Land Division complies with the <br />applicable provisions of the Oregon Residential Specialty Code. The ORSC grants municipalities the <br />authority to implement jurisdictional Administrative Rules to be applied on a local level, in place of the <br />congruent section of the ORSC. In this case, the applicable requirement is the City of Eugene's <br />Administrative Rule R-8.005-(A)(3)(a) Existing Installation, which reads as follows: <br />Buildings, structures, electrical and mechanical systems and equipment, and plumbing systems and <br />fixtures constructed and maintained in conformity with the regulations in effect at the time of <br />construction may have their existing use or occupancy continued, if such use or occupancy is in <br />accordance with the original design and location and was legal at the time of the adoption of these <br />regulations and provided such use is not hazardous to life, health or property and is not in conflict <br />with statutes, rules, regulations, or ordinances of any federal or state agency or municipality. <br /> <br />According to referral comments, City of Eugene Building and permit Services does “not require any <br />type of City of Eugene inspection or private home inspection documents be provided to prove <br />maintenance with codes in effect at the time occupancy was granted.” <br /> <br />As such, the existing unit located on the subject property is considered part of an existing use which <br />is “in accordance with the original design and location and was legal at the time of the adoption of <br />these regulations.” <br /> <br />Any unit proposed for Middle Housing Lots (Parcels 2 and 3) will be reviewed for compliance with <br />current building code at time of building permit submittal. <br /> <br />(8) The following notes are included on the tentative plan: <br /> <br />(a) The middle housing lots shown on the tentative plan were created pursuant to a middle housing land <br />division and may not be further divided. <br />See Tentative Middle Housing Land Division plan for note. <br /> <br />(b) The middle housing developed on the middle housing lots shown on the tentative plan shall remain <br />middle housing and shall not be considered to be any other housing type as a result of the middle <br />housing land division. <br />See Tentative Middle Housing Land Division plan for note.