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City Council Agenda Packet
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City Council Agenda Packet
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1/17/2017
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EXHIBIT A to RESOLUTION <br />BALLOT MEASURE 49 <br />(ORS 195.300ORS 195.336) <br />CLAIM FORCOMPENSATION <br />NOVEMBER14, 2016 <br />REPORT AND RECOMMENDATION OFTHE CITYMANAGER <br />NAME OF CLAIMANTS: Chad and Katie Wilson <br />th <br />PROPERTY ADDRESS: 1777E.30Avenue <br /> Eugene, OR97405 <br />REPRESENTATIVE: Bill Kloos <br />PROPERTY IDENTIFICATION: Tax Lot 602of Assessor <br /> Map 18-03-08-11 <br />ZONING: Low Density Residential; R-1 <br />I.Summary of Claim <br />Chad and Katie Wilson (Claimants) submitted a claim under Ballot Measure 49 for <br />compensation for the alleged reduction in fair market value to their property located at 1777E. <br />th <br />30 Avenue in Eugene, Oregon.The property currently contains a residence, built in 2004, on the <br />southwest portion of the property.Claimants built the residence with the intention of later <br />converting itto a dwelling and building a larger, primary residence on the <br />northern portion of the property.Claimants assert that EC 9.2751(17)(c)9., whichlimits and <br />prescribes a certain method of measuring the height/sloped setback of detached secondary <br />dwelling units, restricts the residential use of their property, asit prohibits them from converting <br />the residence built in 2004 into a secondary dwelling.Claimants contend that EC 9.2751(17)(c)9., <br />enacted in 2014, reduces the fair market value of their property.Claimants assert a $60,000 decline <br />in the value of their property, but do not specifically articulate a request for compensation.Rather, <br />Claimants request that the City waive EC 9.2751(17)(c)9., allowing them to construct a new <br />primary dwelling on their property andto convert the existing dwelling into a legal detached <br />secondary dwelling unit. <br />II.Summary of City Recommendation <br />Measure 49 generally grants a property owner of residentially zoned land located within <br />an urban growth boundary the right to compensation or waiver of the regulation (at the option of <br />the government) if five substantive requirements are met.First, the regulation must constitute a <br /> use as that term is definedby Measure 49.Second, the public entity against <br />which the claim is made must have enacted the regulation after January 1, 2007, but not more than <br />Page 1REPORT AND RECOMMENDATION OFTHE CITYMANAGER <br /> <br />
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