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<br />BALLOT MEASURE 37 (CHAPTER 1, OREGON LAWS 2005) <br />CLAIM FOR COMPENSATION <br />CITY OF EUGENE <br />REPORT AND RECOMMENDATION OF THE CITY MANAGER <br />NAME OF THE CLAIMANT: DMB Green, LLC <br />MAILING ADDRESS: 1260 Charnelton Street <br /> Eugene, Oregon 97401 <br />CLAIMANT’S REPRESENTATIVE: John Brown <br /> 101 East Broadway, Suite 101 <br /> Eugene, Oregon 97401 <br />PROPERTY IDENTIFICATION: Lot 7100 of Assessor’s Map <br /> 17-03-31-42 <br />ZONING:C-2/TD, Community Commercial <br />with the Transit Oriented <br />Development overlay zone <br />I. SUMMARY OF CLAIM <br />John Brown, a member of DMB Green, LLC (Claimant), submitted a claim on behalf of <br />DMB Green, LLC under Ballot Measure 37 for compensation for the alleged reduction in <br />th <br />fair market value to the claimant’s lot located on the south side of 12 Avenue, between <br />Charnelton and Lincoln Streets. The lot is currently utilized as a parking area. Claimant <br />asserts that the Floor Area Ratio (FAR) provision within the /TD Transit Oriented <br />Development overlay zone, Eugene Code section 9.4530(3)(a) and Map 9.4510 restrict <br />the use of the property. Claimant contends that the FAR provisions, enacted after the <br />claimant acquired the property, have the effect of restricting the use and thereby <br />diminishing the fair market value of the property. Claimant asserts a $200,000 decline in <br />the value of the property but does not specifically articulate a request for compensation. <br />Rather, Claimant requests that the FAR regulation be reduced back to the previous FAR. <br />1 <br /> <br />