Hulme v. City of Eugene

Pursuant to Eugene Code EC 9.2750, net density is defined as “the number of dwelling units per acre of land in actual residential use and reserved for the exclusive use of the residents.”

Petitioner appealed from a final order of the Land Use Board of Appeals (LUBA). Petitioner assigned error to LUBA’s determination that a leasing office and maintenance building should be included in the net-density calculation for a proposed apartment complex. On appeal, Petitioner argued that “actual residential use” and “exclusive use of the residents” should only include acreage that contains a dwelling unit, otherwise, an area exclusively used by residents should be included in the calculation of net density. In response, Respondent argued that any area which is “not open to the public” and “supports the residential use of the property” should be included in the calculation of net density. Pursuant to Eugene Code EC 9.2750, net density is defined as “the number of dwelling units per acre of land in actual residential use and reserved for the exclusive use of the residents.” The Court held that the leasing office should not be included in the net density calculation because non-residents are not excluded from using it and use of the leasing office by non-residents is not for the benefit of the residents. Additionally, the Court held that the maintenance office was properly included in the net density calculation because the use of the building by maintenance staff will be solely for the benefit of the residents.

Reversed in part and remanded.