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building permit), the City could not issue Claimants the building permit to convert the existing residence into a secondary dwelling." ORS 195.305(1) specifies that the identified regulation must "restrict the residential use." But Ordinance No. 20526 does not restrict the owner from having a primary dwelling and an SDU. It just prevents him from turning a primary dwelling into an SDU, and that's not covered by ORS 195.305(1) On the face of it, the applicant has not shown that he is restricted or prohibited from use of the property for an SDU, as would be required. There really is no need to consider the application beyond this failure to meet statutory requirements. However, even if the effect of the cited regulation were to be interpreted as falling under ORS 195.300 et seq., the appraisals don't even consider the correct potential development. The "pre" appraisal considers a "hypothetical" primary house and an SDU (neither of which existed at the time), and the "post" appraisal considered a "hypothetical" primary house (rather then the one that exists) and an accessory building. In fact, the appraisal of the current market value should have been based on the existing structure and the fact that a "full-sized" single-family home and an SDU (attached or detached) could be developed on the lot. Thus, this demonstrates another reason that the appraisals don't comply with the requirements of ORS 195.300 et seq. to justify a compensation claim. -- Paul _________________ 2