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September 10, 2018, Meeting – Item 4 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: A Resolution Granting a Measure 49 Claim and Waiving a Provision of Chapter 9 of the Eugene Code, 1971 for Property Located Adjacent to 70 West 24th Place, Eugene, Oregon (Assessor’s Map 18-03-06-42, Tax Lot 2700) Meeting Date: September 10, 2018 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Dan Lawler www.eugene-or.gov Contact Telephone Number: 541-682-5282 ISSUE STATEMENT The City Council is scheduled to take action on a Measure 49 claim submitted by Elise Moore for the alleged reduction in fair market value to property located on a vacant lot adjacent to 70 West 24th Place, Eugene, Oregon. A vicinity map is provided as Attachment A. BACKGROUND In 2007, Oregon voters approved Measure 49 (codified as ORS 195.300-336), which grants a property owner of residentially zoned land located within an urban growth boundary the right to compensation or waiver of a regulation (at the option of the government) if the following five substantive requirements are met: • The claimant must own title to the property. • The regulation must constitute a “land use regulation” as defined in Measure 49 and it must have been enacted after January 1, 2007, but not more than five years before the date the claim was filed. • The regulation must “restrict the residential use” of residentially zoned private property. • The effect of the regulation must be a reduction of the fair market value of the property. • The regulation must not fall within one of Measure 49’s six exemptions. Council must decide: 1) whether a Measure 49 claim meets all five requirements listed above, and 2) if the Measure 49 claim meets all five requirements, whether to compensate the claimant, or waive enforcement of the land use regulation. This Measure 49 claim seeks waiver of a land use regulation, adopted in 2014 as part of the Single Family Code Amendments, that limits building size on alley access lots to 10% of the total lot size or 800 square feet, whichever is smaller. The property owner asserts that the land use regulation restricts the residential use of her property because it limits the size of a dwelling on her property to a maximum of 462 square feet and leaves her with no way to build the1,200 square foot home she desired for the property. Prior to adoption of the regulation, however, she could have built a home of at least 2,000 square feet. As a result, the property owner claims that the regulation reduces the fair market value of her property and she seeks compensation or waiver of the regulation.