Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

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Exhibit A 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. 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). B."Land Use Regulations" Measure 49 requires compensation (or waiver) only for those regulations that constitute "land use regulations" as that term is defined by Measure 49. Further, the regulation must have been enacted after January I, 2007, but within five years of the date of the claim. 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 zonedfor residential use."ORS 195.300(14)(c). (Emphasis added). Page 2 - REPORT AND RECOMMENDATION OF THE CITY MANAGER 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. C. Restriction on Residential Use A "land use regulation" only gives rise to a Measure 49 claim if the regulation restricts the residential use of private real property. The specific regulation that the Claimant points to 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. EC 9.2751(18)(a)3 is a provision of the City's zoning ordinance, and it regulates residential uses on property zoned for residential uses. EC 9.2751(18)(a)3 was adopted as part of Ordinance No. 20541 as part of the Single Family Code Amendments, which became effective August 29, 2014. The Claimant filed her Measure 49 claim on January 29, 2018. EC 9.2751(18)(a)3. was enacted after January 1, 2007, but within five years of the date of the claim. However, as discussed in more detail in section C, below, EC 9.2751(18)(a)3. does not restrict the residential use of Moore's property; therefore, EC 9.2751(18)(a)3 does not qualify as a "land use regulation" for purposes of Measure 49. September 24, 2018, Meeting - Item 3