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<br /> <br />BALLOT MEASURE 49 <br />(ORS 195.300 – ORS 195.336) <br /> <br />CLAIM FOR COMPENSATION <br /> <br />REPORT AND RECOMMENDATION OF THE CITY MANAGER <br /> <br />NAME OF CLAIMANT: Elise Moore <br /> <br />PROPERTY ADDRESS: West 24th Place & Portland Alley <br /> Eugene, OR 97405 <br /> <br />CLAIMANT’S REPRESENTATIVE: Bill Kloos <br /> <br />PROPERTY IDENTIFICATION: Tax Lot 2700 of Assessor’s <br /> Map 18-03-06-42 <br /> <br />ZONING: R-1 Low Density Residential <br /> <br /> <br />I. Summary of Claim <br /> <br />Elise Moore (Claimant) submitted a claim under Ballot Measure 49 for compensation or <br />waiver of land use regulations alleging a reduction in fair market value to her vacant property <br />located near the intersection of West 24th Place and Portland Alley in Eugene, Oregon. The <br />property is a vacant alley access lot that is zoned R-1 Low-Density Residential. Claimant asserts <br />that EC 9.2751(18)(a)3., which limits building size on alley access lots to 10% of the lot size or <br />800 square feet (whichever is smaller), restricts the residential use of the property and reduces its <br />value. Specifically, Claimant contends that she purchased the lot in 2010 to build a 1,200 square <br />foot house on the property and that the 2014 regulation limits maximum building size on the lot to <br />462 square feet. She claims the regulation reduced the property’s value by $25,000 and asks the <br />City to compensate her for the lost value or to waive EC 9.2751(18)(a)3. to allow construction of <br />a 1,200 square foot dwelling that complies with all other residential lot standards. <br /> <br /> <br />II. Summary of City Manager’s Recommendation <br /> <br />Measure 49 generally grants a property owner of residentially zoned land located within <br />an urban growth boundary the right to compensation or waiver of the regulation (at the option of <br />the government) if five substantive requirements are met. First, a claimant must own the property <br />subject to the claim. Second, the regulation must constitute a “land use regulation” as that term is <br />defined by Measure 49 and it must have been enacted after January 1, 2007, but not more than five <br />years before the date the claim was filed. Third, the regulation must “restrict the residential use” <br />of residentially zoned private property. Fourth, the regulation must cause a reduction of the fair <br />September 10, 2018, Meeting – Item 4