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Item 3E: Resolution Concerning Measure 37 Claim (Bush)
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Item 3E: Resolution Concerning Measure 37 Claim (Bush)
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6/9/2010 1:09:32 PM
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12/7/2006 3:12:48 PM
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Agenda Item Summary
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12/11/2006
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<br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br /> <br />Adoption of Resolution 4896 Granting a Measure 37 Claim and Waiving or <br />Modifying Some Provisions of Chapter 9 of the Eugene Code, 1971, <br />th <br />for Property Located at 1333 West 10 Avenue, Eugene, Oregon <br />(Assessor’s Map 17-04-36-13 TL 12100 – Judith M. Bush) <br /> <br /> <br />Meeting Date: December 11, 2006 Agenda Item Number: 3E <br />Department: Planning and Development Staff Contact: Patricia Thomas <br />www.eugene-or.gov Contact Telephone Number: 682-5561 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />The proposed resolution (Attachment A) will waive land use regulations to resolve the Measure 37 <br />claim filed by Judith M. Bush in lieu of paying compensation for the alleged reduction in fair market <br />th <br />value to her lot, located at 1333 West 10 Avenue, due to the adoption of the Chambers Special Area <br />Zone regulations. The lot is identified as Tax Lot 12100 of Assessor’s Map17-04-36-13. The resolution <br />is based on an agreement, (included in Attachment A), between the claimant, neighbors and the <br />neighborhood organization. <br /> <br /> <br />BACKGROUND <br />The Measure 37 claim was submitted by Judith M. Bush on July 5, 2006. The City Council held a <br />public hearing on the request (M37 06-1) on November 20, 2006. The public hearing was held open <br />until 5:00 p.m. on November 27, 2007, to accept further testimony. One item of testimony from the <br />Jefferson Far West Neighborhood was submitted and is attached. <br /> <br /> <br />RELATED CITY POLICIES <br />Ordinance No. 20331, concerning real property compensation, is related to this claim. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />The council can choose to take action to waive regulations for the property by approving the proposed <br />resolution or can decline to support the proposed resolution. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br />The report, attached to the November 20, 2006, hearing packet, recommends that certain regulations be <br />waived in lieu of compensating the claimant. Measure 37 claims must be acted upon by the council <br />within 180 days of filing, which will require a decision on Ms. Bush’s claim by December 30, 2006. <br /> <br /> L:\CMO\2006 Council Agendas\M061211\S0612113E.doc <br />
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