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ATTACHMENT A BALLOT MEASURE 49 (ORS 195.300 – ORS 195.336) CLAIM FOR COMPENSATION REPORT AND RECOMMENDATION OF THE CITY MANAGER NAME OF CLAIMANTS: Chad and Katie Wilson th PROPERTY ADDRESS: 1777 E. 30 Avenue Eugene, OR 97405 CLAIMANTS’ REPRESENTATIVE: Bill Kloos PROPERTY IDENTIFICATION: Tax Lot 602 of Assessor’s Map 18-03-08-11 ZONING: Low Density Residential; R-1 I.Summary of Claim Chad and Katie Wilson (Claimants) submitted a claim under Ballot Measure 49 for compensation for the alleged reduction in fair market value to their property located at 1777 E. th 30 Avenue in Eugene, Oregon. The property currently contains a residence, built in 2004, on the southwest portion of the property. Claimants built the residence with the intention of later converting it to a “secondary dwelling unit” and building a larger, primary residence on the northern portion of the property. Claimants assert that EC 9.2751(17)(c)9., which limits and prescribes a certain method of measuring the height/sloped setback of detached secondary dwelling units, restricts the residential use of their property, as it prohibits them from converting the residence built in 2004 into a secondary dwelling. Claimants contend that EC 9.2751(17)(c)9., enacted in 2014, reduces the fair market value of their property. Claimants assert a $60,000 decline in the value of their property, but do not specifically articulate a request for compensation. Rather, Claimants request that the City waive EC 9.2751(17)(c)9., allowing them to construct a new primary dwelling on their property and to convert the existing dwelling into a legal detached secondary dwelling unit. II.Summary of City Manager’s Recommendation Measure 49 generally grants a property owner of residentially zoned land located within an urban growth boundary the right to compensation or waiver of the regulation (at the option of the government) if five substantive requirements are met. First, the regulation must constitute a “land use regulation” as that term is defined by Measure 49. Second, the public entity against which the claim is made must have enacted the regulation after January 1, 2007, but not more than five years before the date the claim was filed. Third, the regulation must “restrict the residential use” of residentially zoned private property. Fourth, the effect of the regulation must be to cause Page 1 – REPORT AND RECOMMENDATION OF THE CITY MANAGER