Resolution No. 5245 - Laserfiche WebLink

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On September 10, 2018, the Council voted to leave the record open until 5:00 p.m. on Wednesday, September 12, 2018, and to extend Claimant's rebuttal period until 5:00 p.m. on Wednesday, September 19, 2018. IL Requirements of Measure 49 Measure 49 generally grants a property owner of residentially zoned land located within an urban growth boundary the right to compensation or waiver of a land use regulation (at the option of the government) if five substantive requirements are met. First, a claimant must own the property subject to the claim. Second, the regulation must constitute a "land use regulation" as that term is defined by Measure 49 and it must have been enacted after January 1, 2007, but not more than five years before the date the claim was filed. Third, the regulation must "restrict the residential use" of residentially zoned private property. Fourth, the regulation must cause a reduction of the fair market value of the property. Fifth, the regulation must not fall within one of Measure 49's six exemptions. A. Ownership Measure 49 provides for payment of compensation or relief from (waiver of) specific regulations for "owners" of real property. Ballot 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). Based on information that the Claimant submitted (Warranty Deed 2010-033733) and information from the Lane County Regional Land Information Database (RLID), the City Council finds that Claimant Elise Moore acquired fee title to the subject property on July 8, 2010. Accordingly, the City Council finds that Claimant Elise Moore is the owner of the property. 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. The City Council finds that EC 9.2751(18)(a)3. is a provision of the city's zoning ordinance and it regulates residential uses on property in a residential zone. The City Council further finds that EC 9.2751(18)(a)3. was adopted by Ordinance No. 20541, which became effective August 29, 2014. The City Council finds that Claimant timely filed her Measure 49 claim on January 29, 2018. However, as discussed in more detail below, the City Council finds that EC 9.2751(18)(a)3. does not restrict the residential use of Claimant's property. 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 the is the subject of Claimant's Measure 49 claim is EC 9.2751(18)(a)3., which limits the square footage of new dwellings built Page 2 — Exhibit A to Resolution Denying Moore Measure 49 Claim