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<br /> <br />ECC <br />UGENE ITY OUNCIL <br />AIS <br />GENDA TEM UMMARY <br /> <br /> <br /> <br />Public Hearing and Possible Action: Brown Measure 37 Claim (M37 06-2) <br />Resolution 4905 Granting a Measure 37 Claim and Modifying a Provision of <br />th <br />Chapter 9 of the Eugene Code, 1971 for Property Located on 12 Avenue <br />Between Charnelton and Lincoln Streets, Eugene, Oregon <br />(Assessor’s Map 17-03-31-42 TL 7100 – DMB Green, LLC) <br /> <br /> <br />Meeting Date: March 14, 2007 Agenda Item Number: A <br />Department: Planning and Development Staff Contact: Heather O’Donnell <br />www.eugene-or.gov Contact Telephone Number: 682-5488 <br /> <br /> <br /> <br /> <br />ISSUE STATEMENT <br /> <br />The Eugene City Council is scheduled to hold a public hearing on March 12, 2007, regarding a Measure <br />37 claim submitted by DMB Green LLC (Coreen Fuller, John Brown, Rick Duncan, Thomas Morgan <br />and Tamsin Morgan) for the alleged reduction in fair market value to their lot located on the south side <br />th <br />of 12 Avenue, between Charnelton and Lincoln. <br /> <br /> <br />BACKGROUND <br /> <br />This Measure 37 claim seeks a waiver of the “new” floor area ratio (FAR) of 1.0, with a return to the <br />“old” FAR of .65. The new FAR was imposed by the Land Use Code Update (LUCU) in 2001. The <br />claimants have owned the property since 1994. <br /> <br />As detailed in the attached report and recommendation, the City Manager has concluded that the claim is <br />valid. In lieu of compensation, the City Manager has proposed a waiver of the current FAR of 1.0, and <br />re-imposition of the prior FAR of .65. <br /> <br />A copy of the Measure 37 claim, along with other documents and information related to the issues in the <br />Measure 37 claim, are contained in a notebook that has been placed in the Council Office. A copy of <br />that notebook is available for public inspection by contacting Heather O’Donnell, Associate Planner at <br />682-5488. <br /> <br /> <br />RELATED CITY POLICIES <br /> <br />Ordinance No. 20331, concerning real property compensation, is related to this claim. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br /> <br />After receiving public testimony, the City Council may choose to: <br /> <br />1. Adopt the resolution which would waive the 1.0 FAR and re-impose the .65 FAR; <br />2. Determine that the claim is not valid and deny the claim; or <br />3. Determine that the claim is valid and that compensation should be paid, rather than a waiver granted. <br /> <br /> L:\CMO\2007 Council Agendas\M070314\S070314A.doc <br /> <br />