Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

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September 24, 2018, Meeting – Item 3 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 24, 2018 Agenda Item Number: 3 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 owns title to the property. • The regulation constitutes a “land use regulation” as defined in Measure 49 and it was enacted after January 1, 2007, but not more than five years before the date the claim was filed. • The regulation “restrict[s] the residential use” of residentially zoned private property. • The effect of the regulation reduces the fair market value of the property. • The regulation does not fall within one of Measure 49’s six exemptions. The 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 percent 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 the 1,200 square foot home she desires for the property. Prior to adoption of the regulation, the property owner could have built a home of at least 2,000 square feet. As a result, the property owner claims that the regulation restricts her residential use and reduces the fair market value of her property and she seeks compensation or waiver of the regulation.