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Ordinance No. 20007
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Ordinance No. 20007
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Last modified
6/10/2010 3:48:21 PM
Creation date
11/25/2008 1:08:12 PM
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Council Ordinances
CMO_Document_Number
20007
Document_Title
Ordinance levying assessments for sanitary sewers in the Santa Clara Road area for Basins "L", "M", and "V"; and declaring an emergency. (Contract #94-08, 94-07, and 94-06)
Adopted_Date
4/24/1995
Approved Date
4/24/1995
CMO_Effective_Date
4/24/1995
Signer
Ruth F. Bascom
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Parcels Added to the LID After Formation <br />At the request of propert~r owners during the course of construction, several sanitary sewers <br />were extended beyond the boundaries anticipated when the 1994 LID was formed. In Basin L, <br />sewers were extended to serve three properties on Blackfoot between Dahlia to Palace, and <br />west of Stark Street to accommodate further development of two tax lots. In Basin M, sewers <br />were extended to serve three properties on Carthage Court, one propert~r on River Road north <br />of Carthage Avenue, and two properties adjacent to Calumet Street west of Herman Street. In <br />Basin V, sewer service was extended to serve two properties on Hyacinth north of Kingsbury <br />Avenue. Owners of each affected property signed a waiver of notification regarding the <br />formation of the LID. The properties and the costs of the extensions are included in the <br />proposed assessment calculations. <br />system Development Charges <br />For large lots the local SDC was calculated using the lateral area. The standard for this <br />differential calculation is that the lot be more than one acre in size and that the lot be capable <br />of further development, This standard is not codified but has been used in numerous previous <br />LIDS and has been accepted by the City Council when imposing the SDC in other LIDS in the <br />River Road -Santa Clara area. Mr. Robert Trivelpiece requested that the requirement that the <br />lot be more than one acre be lowered in his case because his lot is slightly less than I acre, <br />According to the figures supplied by Mr. Trivelpiece, his lot is now approximately .9SS acres. <br />Mr. Trivelpiece argued that he was especially deserving of consideration because his lot had <br />recently been reduced in size when the section of River Road in front of his property was <br />widened. The reason for the reduction in the size of Mr. Trivelpiece's property does not seem <br />to be a cause for special consideration. Mr. Trivelpiece was compensated for the reduction <br />and whether it was voluntary or not, it was not done by the City so that Mr. Trivelpiece would <br />no longer qualify for the large lot exemption. <br />While one acre is an arbitrary standard, so is the argument that the standard should be reduced <br />to .98 acres. It is unfortunate for Mr. Trivelpiece that he does not qualify for the large lot <br />treatment, but it is no more unfortunate for him than for any other member of the public who <br />owns a lot that is nearly but not quite an acre in size, or nearly but not quite .9S of an acre. <br />The one acre standard has been an acceptable working standard for the Eugene Public Works <br />Department and for the City Council and Mr. Trivelpiece did not offer any general policy <br />reasons why that standard should not be maintained. The decision concerning the SDC on <br />each parcel is entirely up to the Council. According to the Eugene Code, the <br />recommendations of the Hearings Officer concern only the assessment far the LID. This <br />response to Mr. Trivelpiece is offered to the Council because Mr. Trivelpiece requested such a <br />recommendation. Based on the information provided, the Hearings Official cannot <br />recommend that the Council grant Mr. Trivelpiece special consideration far calculation of the <br />local SDC. <br />SANTA CLARA SEWER BASINS "L" "M» AND "V" Page 7 <br />FINAL ASSESSMENT ~ FINDINGS AND RECOMMENDATIONS <br />
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