Ordinance No. 19909 - Laserfiche WebLink

Home Browse Search

an additional line would have ~ been necessitated for the neighboring property. At the constructed location, it is available to serve Ms. Danby's property and the adjacent property. It is the finding of the Hearings official that the City made a reasonable allocation of service paints in that area, so as to keep the cost as low as passible for all concerned. As noted by Mr. Lyle during the hearing, it ~is the City's task to bring the service line to the property. It is then the obligation of the property owner to connect to the service line as he or she would desire. If Ms. Danby decides latter to partition her property, she~will be allowed tv construct a second service line to the sewer in the street, A,s also noted in the Minutes, , Mr. Julian Tengs was unhappy that his property was being assessed for the sewer in Owosso Drive, even though his house is not and will not be connected to that line. However, the agreement between the City and the developer of the Tengs' property, attached as Fxlu~it "A" to the Minutes, makes clear that the City intended to obtain an assessment for the sewer at a later time. That time has now arrived. It is unfortunate that the information regarding the future assessment was not passed to Mr. and Mrs. Tengs by the previous owners. The Hearings official offers nv opinion as to whether the Tengs might be able to recover from the prior owners for non-disclosure. It is the finding, however, of the Hearings official that the Cifiy made an agreement with a previous owner of the property that an assessment would occur upon the construction of the Owosso Drive sewer. otherwise, connection to the sewer in Corliss Lane would not have been permitted and the Tengs' property could not have been developed. Therefore, it is the finding of the Hearings official that the Tengs' property should be assessed as recommended by City Staff. Also, at the time of preparing the agreement, ~it was unclear as to the ultimate timing of sewers to serve the area, and who would be ultimately providing the service. The complaints of Nir. and Mrs. Lake are also noted in the Public Hearing Minutes. In general, Mr. and Mrs. Lake take the position that they were ignored and abused by City Staff, that the approach taken by the City in seeking to extend the sewers to their property was grossly inef hcient and that they should not be charged the stipulated amount for their individual service line as proposed. . On March 25, 1993, the Hearings Official personally viewed the Lake property. It is the last property on the right at the end of Hillcrest. It was observed by the Hearings Official both from Hillcrest and from the bike path which is between the Lake property and the Willamette River. The Lake property is somewhat higher than the surrounding properties. From the visual inspection, it can be observed that the property has a large, main house and a smaller structure which is probably the "cottage" referred to in Mr. Lake's notes. Closer to the river is the "modular home". In addition to the visual inspection, the Hearings official received a Memorandum from Staff dated Mauch 19, 1993, which is attached hereto as Exhibit "Z". Although this Memorandum makes passing reference to the Tengs' property, it is largely a response to the Page - 2