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Page 4 – Exhibit A to Resolution Approving Moore Measure 49 Claim other land use mechanisms, including adjustment review, conditional use permits, planned unit developments, and variances, to build the 1,200 square foot home while also complying with EC 9.2751(18)(a)3. and determined that none of those options were feasible. Because EC 9.2751(18)(a)3. reduces the maximum lot coverage for Claimant’s alley access lot from 50% to 10% or 800 sq. ft., whichever is smaller, thereby reducing the Claimant’s maximum dwelling size from a 2,000+ square foot dwelling to a 462 square foot dwelling, and because the Claimant has no viable option for constructing her desired 1,200 square foot dwelling while also complying with EC 9.2751(18)(a)3., the City Manager concludes that EC 9.2751(18)(a)3. restricts the Claimant’s residential use of her property. D. Reduction in Value A “land use regulation” gives rise to a Measure 49 claim only if, in addition to restricting the residential use of private real property, it reduces the fair market value of the property. Claimant submitted appraisals showing the fair market value of the property one year before the adoption of EC 9.2751(18)(a)3. (July 28, 2013) and one year after the adoption of EC 9.2751(18)(a)3. (July 28, 2015). The July 28, 2013 appraisal provides a property value of $65,000. The July 28, 2015 appraisal provides a property value of $40,000. The City Manager concludes that the appraisals comply with the requirements of ORS 195.310 and establish that EC 9.2751(18)(a)3.reduces the fair market value of the Claimant’s property. E. Exemptions Finally, a Measure 49 claim is not valid if the challenged regulation was enacted before the Claimant acquired the property or if it falls within one of the six exemptions under the Measure. Regulations adopted to 1) protect the public health and safety, 2) prevent nuisances, or 3) comply with federal law, are exempt under Measure 49, even if they otherwise constitute “land use regulations” that “restrict the residential use” and “reduce the fair market value” of property. In addition, regulations that (4) restrict or prohibit the use of the property for selling pornography or performing nude dancing, (5) plan and rezone land for industrial zoning to be included in the UGB, or (6) plan and rezone land already within a UGB to industrial zoning, are also exempt under Measure 49. EC 9.2751(18)(a)3. was enacted after the Claimant acquired the property and EC 9.2751(18)(a)3. does not fall within any of Measure 49’s six exemptions. IV. Conclusion and Recommendation Based on the analysis set forth above, the City Manager recommends that the City Council grant Claimant Elise Moore’s Measure 49 claim. In lieu of compensation, the City Manager recommends that the City Council waive EC 9.2751(18)(a)3. to the extent such waiver is necessary to allow Claimant to construct a 1,200 square foot dwelling on the subject property that complies with all other residential lot standards. The recommended waiver does not address the applicability of any other provision that might preclude such construction. September 24, 2018, Meeting - Item 3