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Resolution No. 4896
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2006 No. 4856-4897
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Resolution No. 4896
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Last modified
6/10/2010 4:50:09 PM
Creation date
12/18/2006 3:41:32 PM
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Template:
City Recorder
CMO_Document_Type
Resolutions
Document_Date
12/11/2006
Document_Number
4896
CMO_Effective_Date
12/11/2006
Author
Mary H. Feldman
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<br />~OOI- 63534 <br /> <br />MEASURE 37 CLAIM AGREEMENT <br /> <br />City Manager's Office <br />777 Pearl Street, Rm. 105 <br />EUQene, OR 97401 <br />\\\\i\exo <br /> <br />BETWEEN: <br /> <br />Judith M. Bush <br /> <br />(Claimant) <br /> <br />AND: <br /> <br />Abutting Property Owners <br /> <br />(Owners) <br /> <br />AND: <br /> <br />Jefferson Westside Neighbors, a City of Eugene <br />Chartered Neighborhood Organization <br /> <br />(JWN) <br /> <br />RECIT ALS <br /> <br />A. Sections 2.070 through 2.095 of the Eugene Code, 1971 ("EC") implement the <br />provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 3 7 which <br />requires governments to pay compensation or waive regulations when certain regulations restrict <br />the use of property and reduce its value. These sections establish a process enabling property <br />owners to present a Measure 37 claim to the City of Eugene ("City"). <br /> <br />B. EC Sections 9.3050 through 9.3065, the S-C Chambers Special Area Zone <br />provisions, were added to the Code by Ordinance No. 20355 effective January I, 2006. Other <br />provisions of the Code applicable to this Agreement were initially added to the Code by <br />Ordinance No. 20224 enacted February 26,2001, readopted by Ordinance 20249 enacted May 8, <br />2002, effective June 1, 2002, and subsequently amended, most recently by Ordinance No. 20353, <br />which became effective January 1, 2006. <br /> <br />C. Claimant is the owner of the property located at 1333 West 1 oth Avenue, Eugene, <br />Oregon 97402, and has filed a Measure 37 claim with the City seeking compensation or a waiver <br />of some of the Code provisions of EC 9.3050 through 9.3065 that are applicable to Claimant's <br />property. <br /> <br />D. Each of the Owners own property that neighbors or abuts Claimant's property at <br />1333 West 10th Avenue, Eugene, Oregon. <br /> <br />E. Claimant's and Owners' property are located within the boundaries of JWN, the <br />City of Eugene recognized neighborhood organization for that area. <br /> <br />F. Claimant, Owners, and JWN have conferred, and agree that the interests of all <br />parties will be furthered if the City grants Claimant's request for a waiver under Measure 37 as <br />hereinafter set forth. <br /> <br />G. If a waiver is granted in accordance with this Agreement, it will permit a single- <br />family house that meets all design standards of the S-C/R-2 residential subarea to be built on a <br />50 foot wide, 60 foot deep vacant area abutting the street. Because of the unique configuration <br />of the lot and previous development on the rear of the lot, this vacant area appears as a "missing <br />tooth" amidst a row of modest single-family houses in the 1300 block of West 1 oth Avenue. <br /> <br />Agreement - 1 <br />
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