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Resolution - Page 1 of 2 RESOLUTION NO. _____ 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). The City Council of the City of Eugene finds that: A. Elise Moore (Claimant) submitted a claim to the City seeking compensation or a waiver of EC 9.2751(18)(a)3. under Ballot Measure 49. Claimant alleges that the limit on building size on alley access lots of 10% of the lot size or 800 square feet (whichever is smaller) restricts the residential use and reduces the fair market value of her property identified as Assessor’s Map 18-03-06-42, Tax Lot 2700 and located adjacent to 70 West 24th Place, Eugene, Oregon (the subject property). B. The City Manager has caused an investigation of the claim to be made, has determined the claim to be valid, and has submitted to the Council a Report and Recommendation, attached as Exhibit A to this Resolution, recommending that EC 9.2751(18)(a)3. be waived to allow Claimant to construct a 1,200 square foot dwelling that complies with all other residential lot standards on the subject property. The recommended waiver does not address the applicability of any other provision that might preclude such construction. C. Considering the requirements of Measure 49, the materials related to the claim submitted to the City by Claimant and others, the City Manager’s report and recommendation, and the lack of City funds with which to pay compensation to the Claimant, the City Council finds the public interest will be best served by waiving EC 9.2751(18)(a)3. as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings, which are adopted, and the analysis contained in the Report and Recommendation of the City Manager attached as Exhibit A to this Resolution, the City Council hereby waives EC 9.2751(18)(a)3. for the property owned by Claimant Elise Moore, Assessor’s Map 18-03-06-42, Tax Lot 2700, to the extent necessary to allow Claimant to construct a 1,200 square foot dwelling that complies with all other applicable residential development standards. Section 2. A copy of this Resolution shall be forwarded to Elise Moore at 70 West 24th Place, Eugene, Oregon 97405, to her representative, Bill Kloos at 375 W. 4th Street, Suite 204, Eugene, Oregon 97401, to any person who submitted written arguments or evidence before the close of the record, and to the City’s Planning & Development Department. A copy of this Resolution shall be forwarded to Lane County Deeds and Records. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 24th day of September, 2018. September 24, 2018, Meeting - Item 3