Item 3: PH on Resolution Concerning Measure 37 Claim (Brown)

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Waiving the FAR requirement will allow a piece of real estate near the downtown core to be developed with a building that will be most compatible with other properties in the neighborhood, rather than to require the construction of a monstrous structure that will not fit the current or likely future characteristics of the immediate neighborhood. We're asking for the owners of this property to be allowed to develop an in-fill property with a project that is compatible to the neighborhood and that will continue to support the downtown area. No building type could be constructed to the 1: 1 FAR requirements and still be financially feasible. If we do not develop the site with the intended use, our best alternative is to sell it to the adjacent property owner for their continued use as a parking lot. If we do not develop the site, I am highly confident it would remain a surface parking lot far into the future. This is the reason we filed our Measure 37 claim. We are not asking to make more profits, we are simply asking to be able to develop the property with the use that is most compatible with the neighborhood, makes economic sense, and allows a 30-year downtown company to continue to own and maintain an office building in the downtown core. Last year I spent approximately 3 months working with 1000 Friends et al in Salem on BM 37 issues, ,and I'm currently assisting Senator Prozanski with valuation issues relating to Measure 37 claims. In closing, I wish there were alternative courses of action to develop our 1 ih and Charnelton property. After discussions with city staff, planners and architects, we realized we had no choice if Duncan & Brown were to stay downtown. Measure 37 claims are not malignant by definition; though I believe the largest portion of claims are inappropriate, I do think there are some claims that may be appropriate, like ours. Thank you for your thoughtful consideration and for your service to our community. John H Brown DMB Green LLC 1260 Chamelton Street Eugene, OR 97401