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The VERY SIMPLE Story of Measure 49 <br /> <br /> <br /> <br />A Measure 49 claim must demonstrate a restriction in the use of the <br />property. <br />A primary residential use was allowed on Elsie Moore's property <br />under regulations prior to Ordinance 20526 of 2014 and that same use <br />is allowed under 20526. Therefore, the adoption of R1 code <br />amendments in 2014 had no effect on the potential use of this property. <br /> <br />Every proposed project is required to be in compliance with current code <br />standards. <br />Dimensions such as height, square footage, setback etc. all may <br />represent limitations to the form of what may be built but they do not <br />constitute usage. <br /> <br />If the standards for a project like the one proposed by the claimant no longer <br />seem adequate then the appropriate action would be to make changes to the <br />code. <br /> <br />In other words, the only defensible resolution would be to deny this claim <br />which is without legal merit and move to correct the code. <br /> <br /> <br />The moral of the story: Failure to deny this claim increases the likelihood of <br />a proliferation of such Measure 49 cases, and, even more worrisome, may <br />cripple the City's ability to make and enforce meaningf ul code changes <br />going forward. <br /> <br />September 24, 2018, Meeting - Item 3