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HANSEN Alissa H <br />From:Paul Conte <paul.t.conte@gmail.com> <br />Sent:Friday, January 06, 2017 6:18 PM <br />To:HANSEN Alissa H <br />Cc:*Eugene Mayor, City Council, and City Manager <br />Subject:Further testimony on Wilson Measure 49 claim <br />Alissa, <br />Please enter this e-mail into the record. <br />I apologize with the multiple e-mails; however, I'm hoping this will allow staff as much time as <br />remains to produce your report. Just when I think I've uncovered most of the problems, something <br />new pops up. <br />In this case, I read an excerpt (item #4) from the staff completeness letter that said, in part: <br />"Under staffs \[sic\]review, it appears that a primary residential use and a secondary dwelling were <br />allowed were allowed under the previous regulation, and that the same uses are allowed under <br />Ordinance No. 20526." <br />Staff's conclusion was correct. However, for some reason, staff did a "180" after Bill Kloos <br />responded that "... under the new regulation, the existing dwelling would have to be <br />decommissioned as a secondary dwelling. This impacts the market value, as reflected in the <br />appraisals." <br />Kloos's comments sidestepped the staff conclusion. The existing structure is currently the primary <br />dwelling and has never been certified as an SDU, so his comment is false and misleading that it <br />would have to be "decommissioned as a secondary dwelling." Just the opposite is true: To use the <br />structure as an SDU, the owner would have to go through an approval process to have it <br />"commissioned" as an SDU in the first place. Furthermore, the appraisals did not mention <br />"decommissioning" in any way, and it is false that a "decommissioning" would impact market value. <br />More importantly, nothing in Kloos's statement addresses the correct point that staff made: Under <br />the current regulations, the owner could develop a primary dwelling and an SDU through a number <br />of different, legal and practical means. For example: A new structure with an attached or <br />detached (new) SDU could be built; the existing structure could be maintained as, or expanded <br />into, a primary dwelling and a new SDU built; the existing structure could be altered to comply <br />with current regulations. <br />Unfortunately, after getting it right at first, staff went off track in the AIS stated went off track, <br />apparently following Kloos's misleading statements. <br />"Stated another way, prior the 2014 adoption of Ordinance No. 20526, Claimants could have <br />converted the existing residence to a detached secondary dwelling unit and constructed <br />another, primary, residence on the subject property. In fact, in June of 2014, Claimants <br />sought a building permit to do just that. However, because Ordinance No. 20526 went into <br />effect on April 12, 2014 (approximately two months prior to the Claimants seeking a <br />1 <br /> <br />