Resolution No. 4534 - Laserfiche WebLink

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Discussion Reduced Assessment The history of development in the area is closely tied to the proposed project and the request made by the Walkers. In 1993 the Walkers sought City approval to subdivide their land. At that time Herman Street was developed to the southern edge of the Walker property. There were design limitations that would have made an extension of Herman Street for the short distance through the Walker's property either impractical or extraordinarily expensive. After several meetings to discuss the options with Ms. Walker, the City and the Walkers agreed to delay construction of the street until later. In return for allowing the property to be divided without the improvements being made immediately, the Walkers signed an irrevocable petition. This process is one of the options allowed under Eugene Code ~ 9.040(3). The Walkers were connected to the City sewer system, and paid assessments for that. More recently, the property owners to the north of the Walkers, the Dukes, decided to develop their property by subdividing the property. At this time, the factors that previously effectively prevented extension of Herman Street have been eliminated. Consistent with standard City policy, the Dukes' development can only be allowed if Herman Street is completed through the Walkers' and the Dukes' property and sewers are made available to the Dukes' property. The Walkers feel that because the final incentive for the formation of the Local Improvement District came from the Dukes, the Dukes should be required to pay a larger share of the cost. The Walkers have overlooked the fact that the charges for improvements that they are now facing are the same costs that they delayed four years ago when they developed their property in the same way as the Dukes now seek to do. While the Dukes' decision to develop was the final factor leading to initiation of the project, the Walkers contributed as much as the Dukes to the total need for the project. The Walkers are facing what seems to them to be a large assessment, and it is easy to understand why they would like someone else to pay a portion of the assessment. There is, however, no general or specific policy in the Eugene Code that suggests or directs that they be given a special exemption. There are provisions that limit the amount that any individual property owner can be assessed, and in this case it appears that the Dukes will be assessed an appropriate amount. The only means to reduce the assessment of the Walkers' property would be for the City to assume a larger share of the cost. This itself is contrary to the direction in the Eugene Code. The Walkers are not being asked to pay proportionately any more than would any other property owners who have chosen to subdivide their property in an area where public facilities are not already fully developed. When they agreed to the delay in development, the petition they signed contained an implied provision that they would pay the cost of the delayed improvements when it was assessed. Because there is no policy direction in the Eugene Code concerning individual exemptions, and because the Walkers' request does not appear to fit within any general or PAVING, CURBS, GUTTERS, SIDEWALKS AND STORM AND SANITARY SEWERS ON HERMAN STREET - FORMATION OF A LOCAL IMPROVEMENT DISTRICT Page 3