04/25/1977 Meeting - Laserfiche WebLink

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. have said that the sewer on Chambers Street does not benefit the Johnson property, but by virtue of the Nordian Park improvement ordinance the Johnson property is now benefited by this sewer. It is the contention of the staff that the property is benefited and should be assessed for the sewer. Mr. Lieuallen questioned Mr. Daughters asking him if it was his contention that there was no potential benefit to the property and that there would never be any use for the sewers on this property. Mr. Daughters stated that the letter from the Planning Commission states that under present zoning ordinances in the city the property is not available for partition. He stated there is sufficient space to partition it into two lots, but is is a panhandle lot with a 10-foot access and for a partition there must be an access of 15 feet.' Mr. Bradley asked Mr. Teitzel for the recommendation of the staff. Mr. Teitzel stated that he would recommend levying it as it is on the basis that previous action of the Council on other assessments and previous appeals regarding benefit have been passed by the Council and upheld by the courts. e Mr. Bradley stated that it was the findings of the panel that because Eugene City Council policy and ordinances, that are pre- sumed to be valid, presume that a sewer line abutting a property benefits the property even though the property is not using that sewer line, and the fact that it does have access is a benefit to that property. He further stated it was the panel's finding that there is a potential and future benefit to the property in that a change in the subdivision ordinance or access require- ment, allowing a partition of the property in the future, would have a potential benefit in that the City may decide to modify its criteria and allow a partition in the future where such partition would not be allowed at the present time, and there- fore, the sewer line would benefit the property at that time. It is, therefore, the panel's recommendation that the property presently is benefited by the sewer line's mere presence; that the property is benefited in the future by the fact that require- ments may change, which would then enable the property owner to do more with the property and, therefore, use the sewer and that the property owner does have access to the sewer line if he chooses to use it although he has another avenue for sewage disposal at present. Recommendation: Levy assessment as proposed. E. C.B. 1444--Levying assessments for paving, sanitary and storm sewer within 4th Addition to Paradise Park (76-38--1280) No written protests or request to be heard were received. e Recommendation: Levy assessments as proposed. 3~~ 4/25/77 - 27