Agenda Packet 9-10-18 Meeting - Laserfiche WebLink

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September 10, 2018, Meeting – Item 4 A City Council public hearing on this Measure 49 claim was held on July 16, 2018. The claimant’s attorney, Bill Kloos, testified in favor of granting the claim. No other testimony was received at the public hearing. Following the hearing, the council left the record open one week, until 5:00 p.m. on July 24, 2018, for submission of written testimony and provided the claimant an additional week, until 5:00 p.m. on July 31, 2018, to rebut evidence and arguments submitted. At the council meeting on July 23, 2018, the council voted to extend the open record period until 5:00 p.m. on July 27, 2018, and to extend the claimant’s rebuttal period until 5:00 p.m. on August 3, 2018. All testimony and evidence is available at http://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=M49-18-0001. Copies were previously provided to the City Council under separate cover. The City Manager’s Report and Recommendation has been updated to reflect the public hearing, open record periods, and that testimony received did not change the analysis of the Report and Recommendation. Testimony received before the close of the record raised two primary issues: • The argument that a locality should only grant a Measure 49 claim if the regulation at issue prevents residential use of the property altogether. However, Measure 49 states that a locality should grant a Measure 49 claim if the regulation restricts the claimant’s desired residential use of the property. In this case, the claimant desires to build a 1,200 square foot house, and could have done so prior to enactment of the 2014 regulation. Thus, the regulation restricts her desired residential use of the property because she can only build a 462 square foot house on the property and has no alternative way to build the 1,200 square foot home. • The argument that the City should obtain a third-party appraisal to assess the reduction in value for the claimant’s property. Claimant’s appraisals appear to meet the requirements of Measure 49. Although the council has the ability to order a third-party appraisal, the claimant’s appraisal complies with the statutory requirements. A copy of the Measure 49 claim, along with other documents and information related to the issues in the Measure 49 claim, is contained in a notebook available at the City Manager’s Office. A copy of that notebook is also available for public inspection at the Eugene Planning and Development Department, First Floor Reception, 99 West 10th Avenue, Eugene, Oregon 97401 between 9:00 a.m. and 4:00 p.m. Measure 49 requires the council to make a decision on the claimant’s claim within 180 days of the date the claim was deemed complete. In this case, council must approve or deny this claim no later than October 6, 2018. The attached resolution, provided as Attachment B, incorporates two changes that were not included in the resolution provided to the council prior to the public hearing on this claim. In accordance with the requirements of Measure 49, the attached resolution has been modified to clarify that the waiver is limited to the claimant and limited to the construction of a 1,200 square foot home on the subject property.