Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

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September 12, 2018 To: Dan Lawler From: Bill Aspegren Re: Additional Testimony Relating to Elsie Moore’s Measure 49 Claim Cc: Mayor, City Council and City Manager Elsie Moore has filed a Measure 49 claim alleging the value of her alley lot has decreased due to code changes that were implemented in 2014, limiting the size of a house she can build on her alley lot. Rather than compensation she is asking for an exemption. Staff has recommended giving Moore an exemption to allow a 1200 square foot home on her alley lot. Based on lot size the recent code would still allow a house on her lot, but only roughly 460 square feet. I believe this is an incorrect recommendation and not based on an accurate interpretation of the facts. Consider these points: x The 2014 code changes have not restricted “the residential use of [the] private real property” (ORS 197.305(1)). A house could be built on the alley lot prior to and after the 2014 changes. In fact, there is testimony showing a home was recently built on an alley lot that was slightly smaller than the Moore lot. x Physical characteristics, such as building height, square footage, setbacks and other physical elements do not restrict the residential use. Glenn Klein, former Eugene Attorney, affirmed this interpretation in the recent Wilson Measure 49 claim. o The Wilson claim was rejected because the residential use was not restricted due to the 2014 code changes. The Moore claim is similar in that residential use is not restricted and consistency dictates that the claim should be rejected. x Approving this claim sets a dangerous precedent. Any change to Eugene’s code that affects physical characteristics of a residential use would be subject to a measure 49 claim for five years. This would virtually eliminate the City’s ability to make changes that would improve compatibility and transition, thus enhancing livability. o The City attorney stated that she did not feel this was a problem. This is a poorly thought out response, and approval of an exemption for this claim could open the City to many similar Measure 49 claims. x Hypothetical appraisals representing a year before and after the 2014 changes allege the alley lot owned by Moore lost $25,000 in value. These appraisals were never verified by an independent appraiser as was done for the Wilson Measure 49 claim. There are certainly questions as to the accuracy of the appraisals and an independent look should be a standard practice. o The lot was purchased by Moore in 2010 for $55,550 from a neighbor. o The county assigns Real Market Values (RMVs) to land. Although not necessarily what a property will sell for they do reflect a pattern. Below are RMVs for the Moore alley lot. After purchase the RMV fell, but by 2013 the RMV was rising and continued to rise. This should have been a clue to get an independent evaluation of the appraisals. 2010 RMV $86,528 2011 RMV $78,708 September 24, 2018, Meeting - Item 3