Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

Home Browse Search

Page 3 – Exhibit A to Resolution Approving Moore Measure 49 Claim B. “Land Use Regulations” Measure 49 requires compensation (or waiver) for only those regulations that constitute “land use regulations” as Measure 49 defines the term. Measure 49 defines “land use regulation,” with respect to cities, as a “provision of a city comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use.” ORS 195.300(14)(c). Further, land use regulations eligible for waiver under Measure 49 must have been enacted after January 1, 2007, but within five years of the date of the claim. EC 9.2751(18)(a)3. is a land use regulation as defined by Measure 49 because it is a provision of the city’s zoning ordinance and it regulates residential uses on property in a residential zone. This land use regulation was adopted by Ordinance No. 20541, which became effective August 29, 2014. The Claimant filed her Measure 49 claim on January 29, 2018. Thus, EC 9.2751(18)(a)3. is a qualifying land use regulation under Measure 49 because it was enacted after January 1, 2007, but within five years of the date of the claim. C. Restriction on Residential Use A “land use regulation” gives rise to a Measure 49 claim only if the regulation restricts the residential use of private real property. The specific regulation that is the subject of the Claimant’s Measure 49 claim is EC 9.2751(18)(a)3., which limits the square footage of new dwellings built on alley access lots. The Claimant alleges that EC 9.2751(18)(a)3. restricts the residential use of her property because it prevents her from building a home that would have been allowed before the regulation took effect. Adopted on July 28, 2014 (by Ordinance No. 20541) and effective on August 29, 2014, EC 9.2751(18)(a)3. establishes the following limitations on square footage of buildings on alley access lots: (18) Alley Access Lots in R-1. (a) General Standards. 1. Applicability. Except as provided in (b) below, the following standards apply to development on alley access lots in R-1. 2. Use Regulations. Alley access lots have the same land use regulations as the base zone except that there is no allowance for a secondary dwelling. 3. Building Size. The total building square footage of a dwelling shall not exceed 10 percent of the total lot area or 800 square feet, whichever is smaller. Total building square footage is measured at the exterior perimeter walls and is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms. Prior to the Council’s adoption of the above-quoted code provision, general R-1 zoning regulations applied to alley access lots and allowed lot owners to build dwellings with total square footage that covered up to 50% of the lot. Thus, prior to EC 9.2751(18)(a)3. going into effect, the Claimant could have built a more than 2,000 square foot house on her 4,620 square foot alley access lot. Now, however, EC 9.2751(18)(a)3. limits any structure on the Claimant’s lot to a maximum of 462 square feet, which restricts the Claimant’s ability to construct her desired 1,200 square foot dwelling on the property. Planning staff evaluated the feasibility of the Claimant using September 24, 2018, Meeting - Item 3