t
ao of poo: take 2
city of eugene vs. self-composting buddhists
both sides are full of *it
Exhibit A (8.02.06, Rachelle Nicholas, City of Eugene Code Enforcement Supervisor)
City of Eugene Site Enforcement System Case # 06-00909
Site Address: 356 Horn Lane/Owners: Ronald Logan and Michele Renee
Staff Contact: Rachelle Nicholas
7/27/06 Complaint “an addition and/or outbuilding being constructed in backyard.
8/2/06 Site visit with RN. Homeowner not available; left business card and request that he contact me. Observed a secondary building under construction on the west side of the SFD. Also, a very large building has been built toward the center of the parcel, and a third out-building exists along the west fenceline (along Hodson).
8/2/06 FORWARD BUSINESS INFORMATION TO LUI: Matt,
We had a complaint of work without a permit and mention of high foot traffic. There has been a lot of work done with no permits which obviously we will deal with, but when I was out there yesterday the daughter and a “visitor” indicated that the owner was in the middle of a class or retreat which is held there on the property in their beautiful “shop”, which if you look on the main house there is a sign that says, “Dharmalaya” with an arrow pointing to the back of the property. Dharmalaya has a website and the link is below for your viewing and more than enough proof that this is a business. There were at least ten cars parked there at the time of my visit and a class in session. This shop is at least 1600 square feet and there [sic] rent it out for events and hold classes weekly. In the meantime they have added on to include two more buildings, not sure what there [sic] use is at this time, but they too are beautifully done. There are pictures of the “shop” on their website and you can see how nicely their “shop” was designed. There is an old Site Track record that indicates that at the time of visit inspectors were unable to verify that the “shop” was being used for business, which was some time ago, so I think it may be time to open this one up again. There is definitely a neighborhood impact and the website even discusses “creative” parking solutions for the events due to the “shop” being able to accommodate 60 people. We took a few pictures through the fence, but as far as what you need I think you will find it all on their web
site.
Exhibit B (8.18.06 Mark Tritt, City of Eugene Code Enforcement Inspector)
ORDER TO CORRECT to Ron and Michele Logan
During a recent site visit, staff noted the following work without permits: an attached (2nd kitchen) addition to the back of the house; exterior stairs to the 2nd floor and conversion of attic space to living space; construction of an accessory building with plumbing and electrical work; and, installation of a sink in the permitted studio. This work is a violation of Eugene Code section 8.005(10) requiring that permits be obtained before any regulated construction work is commenced. Also, it was observed that the storage loft of the permitted studio was being used for sleeping, which is not allowed for uses other than storage.
Continued violation of the Eugene Code may result in additional enforcement action taken against you, including possible civil penalties. To avoid civil penalties, you must take the following correctiv e action by August 29, 2006:
Apply for building permit(s) for all work, or return the site to its original condition (a demolition permit is required).
Cease use of the storage loft in the studio for sleeping, or obtain a change of use permit for that space
Obtain required inspections.
This structure will remain in violation until permits are issued and all required inspections are completed and approved.
Exhibit C: (8.16.07 Mike McKerrow, City of Eugene Land Use Management Supervisor)
letter to Logan and Renne provides timeline [note: all typos have been reproduced.]
8/2/06: Randy Sangder, code enforcement inspector and Rachelle Nicholas, code enforcement supervisor visited the site.
8/14/06: CEI Sangder and CES Nicholas returned with land use inspector Janis McDonald for “a more extensive site inspection.” Staff learned that since the owners purchased the property, the location had evolved into a “sustainable living site.” Trainings, events, yoga and meditation occurred in the straw bale building. Guests attending events occasionally slept in the event building and in the upstairs of the house, or camped outside. Composting toilets had been constructed without benefit of a building permit.
9/?/06: Lane Use Management staff requests “property owners to document their long range vision for the property in a detailed letter.”
10/6/06: owners write a detailed letter explaining the types of uses they desired at the property.
10/23/06: “Staff started in a letter dated Janis McDonald sent a letter to the owners on October 23, 2006, that stating that the proposed use was unique and not specifically listed in the code. The proposed use would be allowed if an approved conditional use permit was obtained.”
11/6/06: Owners write letter stating his intent to apply for a conditional use permit.
12/10/06: Building permit for a new kitchen, upstairs conversion and new stairs was submitted (Permit #06-06354-01).
3/16/07: Ron Logan, Eben Fodor met with Micke McKerrow, land use management supervisor, Shawna Adams, planner, Steve McGuire, plan review supervisor, Michelle Wilcox, engineering permit technician, Janis McDonald and Rachelle Nicholasvarioius staff at a limited consultation meeting at the City to review information prior to applying for a conditional use permit. Detailed information was provided, including information on annexation, the conditional use permit process, building permit requirements, system development charges and parking.
4/4/07 Stuart Ramsing, building official, Rachelle Nicholas and Mick McKerstaff row mmet with Ron Logan to further discuss building permit and land use compliance. 4/11/07: Rachelle Nicholas, Mike McKerrow and Mark Whitmill, building code analyst, staff visited the subject property with Ron Logan to further discuss building permit and land use compliance.
4/16/07: Ron Logan sent an e-mail to Mike McKerrowstaff stating that he decided would not to pursue a conditional use permit at this time. He wished to meet with staff to discuss discontinuing the current uses.
4/18/07: Stuart Ramsing, Rachelle Nicholas and Mike McKerrow met with Ron Logan to discuss a phase out plan for events and activities at the site.
5/4/07: Staff sent a letter Mike McKerrow sent a letter to the owners stating that establishing June 25th as the deadline for full compliance with all land use standards. A detailed list of previously planned events was listed as being allowed to occur as long as the premises were modified to be safe for participants. Oon June 25tha, 2007, all activities which would require a conditional use permit were to cease. All uses allowed as outright permitted uses could continue. Building code enforcement staff continued to be in contact with the owners regarding outstanding building permit issues during the following months.
7/23/07 Request for interpretation and waiver was received by the City of Eugene.
Exhibit D (10.23.07 Mike McKerrow, Land Use Management Supervisor)
letter to Renee and Logan
Please note that our recent correspondence has not addressed any building permit violations or building code issues that may currently exist on the property. I understand that there may be ongoing unresolved building code issues related to structures on the property and any building code violations are not resolved here.
Exhibit E (11.30.07 Lisa Gardner, City of Eugene Planning Director)
letter to Renee and Logan
Because you are appealing a decision issued on August 16, your November 14 appeal request is untimely and an appeal hearing will not be scheduled. Even if there was any question or ambiguity as to the City’s August 16 letter, there was ample time to clear up the ambiguity and any possible question as to the letter’s status was answered at the very latest in the City’s October 12 letter. Based on the 12 day appeal period established by the code (Urbanizable Land Code 9.0040 and 9.7605(1)), as a matter of fairness and equity, and consistent administrative processes, the City is not able to extend this appeal period. Staff will send a refund check of your $250.00 appeal fee to you in a separate mailing shortly. If you have any questions about this issue please contact Mike McKerrow at 682-5251.
Exhibit F (12.21.07 Lisa Gardner, City of Eugene Planning Director)
letter to Renee and Logan
The City issued its appealable decision on August 16. Based on the 12 day appeal period established by the code (Urbanizable Land Code 9.0040 and 9.7605(1)), your appeal requests are untimelyl and the City cannot schedule an appeal hearing on this matter.
Susan Muir, Planning and Development Director, received your December 13 letter and discussed this issue with Mike McKerrow. There is nothing more the City can provide on this matter.
Enclosed is your check submitted on December 12. Staff will send a refund check of your $250.00 appeal fee submimtted on November 14 to you in January, 2008. If you have any questions about this issue please contact Mike McKerrow at 682-5251.