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<br />RESOLUTION NO. 4905 <br /> <br />A RESOLUTION GRANTING A MEASURE 37 CLAIM AND <br />MODIFYING A PROVISION OF CHAPTER 9 OF THE <br />EUGENE CODE, 1971 FOR PROPERTY LOCATED ON <br />12TH AVENUE BETWEEN CHARNELTON AND LINCOLN <br />STREETS, EUGENE, OREGON (ASSESSOR'S MAP 17-03- <br />31-42 TL 7100 - DMB Green, LLC). <br /> <br />The City Council of the City of Eugene finds that: <br /> <br />A. John Brown, a member ofDMB Green, LLC ("Claimant"), submitted a claim on <br /> <br />its behalf to the City seeking compensation or a waiver of regulations under Ballot Measure 37. <br /> <br />Claimant alleged that the Floor Area Ratio (F AR) provision within the /TD Transit Oriented <br /> <br />Development overlay zone of 1.0 as set forth in EC Section 9.4530(3)(a) and Map 9.4510 <br /> <br />(established by LUCU), restricts the use of its property and diminished the fair market value of <br /> <br />the property located on the south side of 1ih Avenue between Chamelton and Lincoln Streets <br /> <br />(the "lot"). The lot is currently utilized as a parking area. <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 the current FAR of 1.0 required by EC 9.4530(3)(a) be <br /> <br />waived, and the prior FAR of .65 be re-imposed. <br /> <br />C. Considering the City Manager's recommendation and conclusion as to the validity <br /> <br />of the claim, and the lack of City funds with which to pay compensation to DMB Green, LLC, <br /> <br />the City Council finds the public interest will be best served by waiving or modifying the current <br /> <br />FAR requirement ofEC 9.4530(3)(a) as hereinafter set forth. <br /> <br />Resolution - 1 <br />