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<br />September 24, 2018, Meeting - Item 3 <br />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. At the council meeting on September 10, 2018, the council voted to extend the open record period again until 5:00 p.m. on September 12, 2018, and to extend the claimant’s rebuttal period until 5:00 p.m. on September 19, 2018. All testimony and evidence received to date is available at http://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=M49-18-0001. Copies of materials received prior to the most recent open record period were previously provided to the City Council under separate cover. For ease of reference, materials submitted during the most recent open record period (September 10-19) are included as Attachment B. Testimony received during the most recent open record period raised two primary issues: <br />• The argument that the council should deny the Measure 49 claim because limitations on dwelling size regulate a dwelling’s physical characteristics, but do not constitute a restriction of residential use of the property. <br />• The argument that granting the Moore Measure 49 claim will lead to a proliferation of future Measure 49 claims seeking waiver or compensation for any regulation that impacts the physical characteristic of residential dwellings. Staff have reviewed the newly submitted testimony and continue to recommend that the City Council grant the claim. Staff has provided the council with a resolution that approves the property owner’s Measure 49 claim, along with the City Manager’s supporting Report and Recommendation (Exhibit A to the resolution), which are included with this AIS as Attachment C. Staff has also provided the council as Attachment D, an alternative resolution that denies the claim, along with findings (Exhibit A to the resolution) concluding that EC 9.2751(18)(a)3. does not restrict the residential use of the Claimant’s property. The Report and Recommendation has been updated to reflect council’s vote to re-open the record. A detailed description of staff’s analysis of several issues related to the claim can be also found in the memo provided to Council on July 20, 2018, which is included in the record materials previously provided to Council. A copy of the Measure 49 claim, along with record materials submitted prior to September 10, 2018, 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