11-14-16 Council Agenda Packet - Laserfiche WebLink

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ATTACHMENT B RESOLUTION NO. _____ A RESOLUTION GRANTING A MEASURE 49 CLAIM AND WAIVING A PROVISION OF CHAPTER 9 OF THE EUGENE CODE, 1971, FOR TH PROPERTY LOCATED AT 1777 E. 30 AVENUE, EUGENE, OREGON (ASSESSOR’S MAP 18-03-08-11, TAX LOT 602). The City Council of the City of Eugene finds that: A. Chad and Katie Wilson submitted a claim to the City seeking compensation or a waiver of regulations under Ballot Measure 49. Claimants alleged that the maximum height limit provision in subsection (17)(c)9. of Section 9.2751 of the Eugene Code, 1971 (EC), that applies to detached secondary dwellings on the subject property restricts the residential use of th their property and diminished the fair market value of the property at 1777 E. 30 Avenue, Eugene, Oregon (the property). B. The City Manager has caused an investigation of the claim to be made, has determined the claim to be valid, and has submitted to the Council a Report and Recommendation that EC 9.2751(17)(c)9. be waived. The scope of the City Manager’s recommended waiver addresses only the applicability of EC 9.2751(17)(c)9. to the Claimants’ conversion of the existing structure to a lawful detached secondary dwelling. The recommended waiver does not address the applicability of any other provision that might preclude such conversion. Further, the waiver of the height limit in EC 9.27.51(17)(c)9. does not allow further modifications to the Claimants’ existing structure that would increase the height of the structure above the height that existed on the date that Claimants’ filed their Measure 49 claim with the City (February 24, 2016). C. Considering the City Manager’s recommendation and conclusion as to the validity of the claim, and the lack of City funds with which to pay compensation to the claimants, the City Council finds the public interest will be best served by waiving the requirement of EC 9.2751(17)(c)9. as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings, which are adopted, and the analysis contained in the Report and Recommendation of the City Manager, the City Council hereby waives EC 9.2751(17)(c)9. for the property owned by Claimants Chad and Katie Wilson, Assessor’s Map 18-03-08-11, Tax Lot 602. Section 2. A copy of this Resolution shall be forwarded to Chad and Katie Wilson at thth 1777 E. 30 Avenue, Eugene, Oregon 97405, to their representative, Bill Kloos at 375 W. 4 Street, Suite 204, Eugene, Oregon 97401, and to the City’s Planning & Development Department. A copy of this Resolution shall be recorded with the Lane County Records Department. Resolution - Page 1 of 2