Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

Home Browse Search

Exhibit A to Resolution Approving Moore Measure 49 Claim Page 1 – Exhibit A to Resolution Approving Moore Measure 49 Claim BALLOT MEASURE 49 (ORS 195.300 – ORS 195.336) CLAIM FOR COMPENSATION REPORT AND RECOMMENDATION OF THE CITY MANAGER NAME OF CLAIMANT: Elise Moore PROPERTY ADDRESS: West 24th Place & Portland Alley Eugene, OR 97405 CLAIMANT’S REPRESENTATIVE: Bill Kloos PROPERTY IDENTIFICATION: Tax Lot 2700 of Assessor’s Map 18-03-06-42 ZONING: R-1 Low Density Residential I. Summary of Claim Elise Moore (Claimant) submitted a claim under Ballot Measure 49 for compensation or waiver of land use regulations alleging a reduction in fair market value to her vacant property located near the intersection of West 24th Place and Portland Alley in Eugene, Oregon. The property is a vacant alley access lot that is zoned R-1 Low-Density Residential. Claimant asserts that EC 9.2751(18)(a)3., which limits building size on alley access lots to 10% of the lot size or 800 square feet (whichever is smaller), restricts the residential use of her property and reduces its value. Specifically, Claimant contends that she purchased the lot in 2010 to build a 1,200 square foot house on the property and that EC 9.2751(18)(a)3., enacted in 2014, limits maximum building size on the lot to 462 square feet. She claims the regulation reduced the property’s value by $25,000 and asks the City to compensate her for the lost value or to waive EC 9.2751(18)(a)3. to allow construction of a 1,200 square foot dwelling that complies with all other residential development standards. 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 5p.m. on July 27, 2018, and to extend the claimant’s rebuttal period until 5p.m. on August 3, 2018. On September 10, 2018, the Council voted to leave the record open until 5:00 p.m. on Wednesday, September September 24, 2018, Meeting - Item 3