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<br /> <br /> <br /> <br />ECC <br />UGENE ITY OUNCIL <br /> <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br />Public Hearing: Lane Plywood Measure 37 Claim for Compensation (M37 05-1) <br /> <br /> <br />Meeting Date: June 12, 2006 Agenda Item Number: 4 <br />Department: Planning and Development Staff Contact: Lydia McKinney <br />www.eugene-or.gov Contact Telephone Number: 682-5485 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />The Eugene City Council is scheduled to hold a public hearing on June 12, 2006, regarding a Measure <br />37 claim submitted by Lane Plywood for compensation for the alleged reduction in fair market value to <br />a number of lots located in Pioneer Resources Business Park, located on the west side of Bertelsen <br />Road, roughly bisected by 1st Avenue West. <br /> <br /> <br />BACKGROUND <br /> <br />As detailed in the attached report and recommendation, the City Manager has concluded that Lane <br />Plywood’s claim is invalid and should be denied. This recommendation is based on several factors <br />including: the acquisition date of some of the lots; the fact that Measure 37 provides compensation for <br />only “land use regulations” (as defined by Measure 37), yet Lane Plywood includes all of Eugene Code <br />Chapter 9 and the Metro Plan as part of its claim; the fact that the since the passage of Measure 37, the <br />City has not enforced or applied any of the provisions of Chapter 9 or the Metro Plan to the subject <br />property; the fact that the Covenants Conditions and Restrictions (CC&R’s), voluntarily placed on the <br />property by the owner, restrict its use even if the council agreed to not apply provisions of Eugene Code <br />Chapter 9 and the Metro Plan. Please refer to the attached report and recommendation from the City <br />Manager for further details. <br /> <br />A copy of the original Measure 37 claim and the amended Measure 37 claim, along with other <br />documents and information related to the issues in the Measure 37 claim, are contained in a notebook <br />that has been placed in the Council Office. A copy of that notebook is also available for public <br />inspection by contacting Lydia McKinney. <br /> <br /> <br />RELATED CITY POLICIES <br />Ordinance No. 20331, concerning real property compensation, is related to this claim. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />This is a public hearing only. Following the public hearing, staff will offer the council several options <br />before the council is requested to take action. <br /> L:\CMO\2006 Council Agendas\M060612\S0606124.doc <br /> <br />