Item 2: PH on Bush Measure 37 Claim for Compensation (M37 06-1)

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ATTACHMENT B RESOLUTION NO. __________ A RESOLUTION GRANTING A MEASURE 37 CLAIM AND WAIVING OR MODIFYING SOME PROVISIONS OF CHAPTER 9 OF THE EUGENE CODE, 1971 FOR TH PROPERTY LOCATED AT 1333 WEST 10 AVENUE, EUGENE, OREGON (ASSESSOR’S MAP 17-04-36-13 TL 12100 – JUDITH M. BUSH). The City Council of the City of Eugene finds that: A. In accordance with the provisions of Sections 2.070 through 2.095 of the Eugene Code, 1971 (“EC”), Judith M. Bush submitted a claim to the City seeking compensation or a waiver of regulations under Ballot Measure 37. Ms. Bush claimed that EC Sections 9.3050 through 9.3065 establishing the S-C Chambers Special Area Zone restricted the use of her th property and diminished the fair market value of her property at 1333 West 10 Avenue (the “lot”). B. As required by EC 2.085 the City Manager has caused an investigation of the claim to be made, has determined the claim to be valid, and has submitted to the Council a Report and Recommendation that certain provisions of EC 9.3050 through 9.3065 be modified or waived as hereafter more particularly set forth. C. As noted in the Report and Recommendation of the City Manager, Ms. Bush has met with abutting neighbors, neighbors across the street from her property, and the affected neighborhood organization, the Jefferson Westside Neighbors. Those parties have reached a mutually agreeable solution to Ms. Bush’s claim which is reflected in a written agreement, a copy of which is attached hereto. That agreement is based on a number of considerations which are identified in the Recitals contained on pages 1 and 2 of the agreement, including the unique configuration of, and previous development on, the lot; and the ability to grant a waiver that is Resolution - 1