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<br />RESOLUTION NO. 4896 <br /> <br />A RESOLUTION GRANTING A MEASURE 37 CLAIM AND <br />WAIVING OR MODIFYING SOME PROVISIONS OF <br />CHAPTER 9 OF THE EUGENE CODE, 1971 FOR <br />PROPERTY LOCATED AT 1333 WEST 10TH AVENUE, <br />EUGENE, OREGON (ASSESSOR'S MAP 17-04-36-13 TL <br />12100 - JUDITH M. BUSH). <br /> <br />The City Council of the City of Eugene finds that: <br /> <br />A. In accordance with the provisions of Sections 2.070 through 2.095 of the Eugene <br /> <br />Code, 1971 ("EC"), Judith M. Bush submitted a claim to the City seeking compensation or a <br /> <br />waiver of regulations under Ballot Measure 37. Ms. Bush claimed that EC Sections 9.3050 <br /> <br />through 9.3065 establishing the S-C Chambers Special Area Zone restricted the use of her <br /> <br />property and diminished the fair market value of her property at 1333 West 10th Avenue (the <br /> <br />"lot"). <br /> <br />B. As required by EC 2.085 the City Manager has caused an investigation of the <br /> <br />claim to be made, has determined the claim to be valid, and has submitted to the Council a <br /> <br />Report and Recommendation that certain provisions ofEC 9.3050 through 9.3065 be modified or <br /> <br />waived as hereafter more particularly set forth. <br /> <br />C. As noted in the Report and Recommendation of the City Manager, Ms. Bush has <br /> <br />met with abutting neighbors, neighbors across the street from her property, and the affected <br /> <br />neighborhood organization, the Jefferson Westside Neighbors. Those parties have reached a <br /> <br />mutually agreeable solution to Ms. Bush's claim which is reflected in a written agreement, a <br /> <br />copy of which is attached hereto. That agreement is based on a number of considerations which <br /> <br />are identified in the Recitals contained on pages 1 and 2 of the agreement, including the unique <br /> <br />configuration of, and previous development on, the lot; and the ability to grant a waiver that is <br /> <br />Resolution - 1 <br />