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C. Restriction on Residential Use <br />A “land use regulation” gives rise to a Measure 49 claim only if the regulation restricts the <br />residential use of private property and thus reduces the fair market value of property. The specific <br />regulation that Claimants point to is EC 9.2751(17)(c)9., which provides a height limit for new <br />attached and detached secondary dwelling units within the city-recognized boundaries of Amazon <br />Neighbors, Fairmount Neighbors and South University Neighborhood and proscribes a method for <br />1 <br />determining the height of a building. <br />Adopted on March 12, 2014 (by Ordinance No. 20526) and effective on April 12, 2014, <br />EC 9.2751(17)(c)9. establishes the following limitations for detached secondary dwellings in that <br />neighborhood: <br />(17) Secondary Dwellings in R-1 <br />. . . . <br />(c) Area-Specific Secondary Dwelling Standards. The following standards <br />apply to all new attached or detached secondary dwellings in the R-1 zone within the city- <br />recognized boundaries of Amazon Neighbors, Fairmount Neighbors and South University <br />Neighborhood Association: <br /> . . . . <br />9. Building Height/Interior Setback. For detached secondary <br />dwellings: <br />a. The interior yard setback shall be at least 5 feet from <br />the interior lot line. In addition, at a point that is 8 <br />feet above grade, the setback shall slope at the rate of <br />10 inches vertically for every 12 inches horizontally <br />(approximately 40 degrees from horizontal) away <br />from the lot line until a point not to exceed a <br />maximum building height of 18 feet. <br />b. The allowances for setback intrusions provided at EC <br />9.6745(3) do not apply within the setback described <br />in 1. above, except that eaves, chimneys and gables <br />are allowed to project into this setback no more than <br />2 feet. <br />Prior to the Council’s adoption of the above-quoted code provision, the code-prescribed <br />manner for measuring the building height of a detached secondary dwelling would have allowed <br />for the Claimants’ existing dwelling to have been converted to a lawful detached secondary <br />dwelling.See Section 2 of Ordinance No. 20417. That is, under the code provisions that existed <br />Њ <br />While Claimants do not provide this information, staff has determined that the subject property falls within <br />the boundaries of the Fairmount Neighbors. <br />Page 3 – REPORT AND RECOMMENDATION OF THE CITY MANAGER <br /> <br />