Resolution No. 5245 - Laserfiche WebLink

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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. Adopted on July 28, 2014 (by Ordinance No. 20541) and effective on August 29, 2014, EC 9.2751(18)(a)3. establishes the following limitations on square footage of buildings on alley access lots: (18) Alley Access Lots in R-1. (a) General Standards. 1. Applicability. Except as provided in (b) below, the following standards apply to development on alley access lots in R-1. 2. Use Regulations. Alley access lots have the same land use regulations as the base zone except that there is no allowance for a secondary dwelling. 3. Building Size. The total building square footage of a dwelling shall not exceed 10 percent of the total lot area or 800 square feet, whichever is smaller. Total building square footage is measured at the exterior perimeter walls and is defined as all square footage inside of the dwelling, including, but not limited to hallways, entries, closets, utility rooms, stairways and bathrooms. The City Council finds that EC 9.2751(18)(a)3. does not restrict the residential use of Claimant's property because EC 9.2751(18)(a)3. does not restrict Claimant's ability to use her property for a single family residence, it simply limits the size of the single family residence Claimant may construct. Because Claimant retains the ability to construct a single family residence on her property both before and after the adoption of EC 9.2751(18)(a)3., the City Council finds that EC 9.2751(18)(a)3. does not restrict 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 aproperty value of $65,000. The July 28, 2015 appraisal provides a property value of $40,000. The City Council finds that 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, Page 3 — Exhibit A to Resolution Denying Moore Measure 49 Claim