Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

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Page 2 – Exhibit A to Resolution Approving Moore Measure 49 Claim 12, 2018, and to extend Claimant’s rebuttal period until 5:00 p.m. on Wednesday, September 19, 2018. II. Summary of City Manager’s Recommendation Measure 49 generally grants a property owner of residentially zoned land located within an urban growth boundary the right to compensation or waiver of a land use regulation (at the option of the government) if five substantive requirements are met. First, a claimant must own the property subject to the claim. Second, the regulation must constitute a “land use regulation” as that term is defined by Measure 49 and it must have been enacted after January 1, 2007, but not more than five years before the date the claim was filed. Third, the regulation must “restrict the residential use” of residentially zoned private property. Fourth, the regulation must cause a reduction of the fair market value of the property. Fifth, the regulation must not fall within one of Measure 49’s six exemptions. As discussed below, the City Manager finds that the Moore claim is valid because it satisfies the five requirements of Measure 49: 1) Claimant Elise Moore owns the property that is the subject of the claim; 2) EC 9.2751(18)(a)3. qualifies as a land use regulation and was enacted after January 1, 2007 and fewer than five years before the date the claim was filed; 3) EC 9.2751(18)(a)3. restricts a previously allowed residential use on the residentially zoned property; 4) EC 9.2751(18)(a)3. reduces the property’s fair market value; and 5) EC 9.2751(18)(a)3. does not fall within one of the six Measure 49 exemptions. Therefore, this report concludes that the claim is valid. If a claim is valid under Measure 49, a local government must either (1) compensate the claimant for the reduction in the fair market value of the property, or (2) authorize the claimant to use the property without application of the land use regulation “to the extent necessary to offset the reduction in the fair market value of the property.” The Claimant requests compensation or a waiver of EC 9.2751(18)(a)3.. Accordingly, the City Manager recommends that the City Council waive EC 9.2751(18)(a)3. as it relates to the Claimant’s property and to the extent that waiver is needed to allow construction of a 1,200 square foot residential dwelling that complies with all other residential development standards. III. Analysis of Claim A. Ownership Measure 49 provides for payment of compensation or relief from (waiver of) specific regulations for “owners” of real property. Ballot Measure 49 defines “owner” to include “[t]he owner of fee title to the property as shown in the deed records of the county where the property is located[.]” ORS 195.300(18). Based on information that the Claimant submitted (Warranty Deed 2010-033733) and information from the Lane County Regional Land Information Database (RLID), the City Manager concludes that Claimant Elise Moore acquired fee title to the subject property on July 8, 2010. Accordingly, Claimant Elise Moore is the owner of the property. September 24, 2018, Meeting - Item 3