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<br />LAW OFFICE OF BILL KLOOS, PC <br /> <br />OREGON LAND USE LAW <br /> <br />576 OLIVE STREET, SUITE 300 <br />EUGENE, OR 97401 <br />PO BOX 11906 <br />EUGENE, OR 97440 <br />TEL (541) 954-0095 <br />FAX (541) 343-8702 <br />E-MAIL KIMODEA@LANDUSEOREGON.COM <br /> <br />September 26, 2005 <br /> <br />Eugene City Council <br />c/o Eugene Planning and Development <br />Atrium Building <br />99 West 10th Ave. <br />Eugene, OR 97401 <br /> <br />RECEIVED <br /> <br />r-.-----iJ- <br />SEP 2 6 2005 ~ <br /> <br />L-___ <br />CITY OF EUGENE <br />PLANN!I'IG DEPARTMENT <br /> <br />Re: GoalS Program <br />Nathan and Linda Shields Property; Map 17-03-33-21, TL 331 <br />Site/Sub-site No: AIton Baker Park Riparian: E42 A2-A-5 <br /> <br />Attn: Neil Bjorkland, Project Manager <br /> <br />Dear City Council: <br /> <br />Testimony was submitted in writing on behalf of the above named property owners in a letter <br />dated May 23, 2005. City staff and the Planning Commission failed to address issues raised. <br /> <br />The property above is proposed for the /WR Overlay Zone, Category C, which comes with a 40 <br />to 50-foot development setback. The setback is not appropriate for this property, and likely the <br />adjacent properties along this slough. <br /> <br />In 1974, when this property was in Lane County, the property owners conveyed a drainage <br />easement to county, which the county needed to realign and deepen and otherwise improve the <br />slough. In connection with the giving of that easement, the County promised my clients, and the <br />adjacent owners, that they would have complete control and custody of the land up to the water's <br />edge, and that the owners' rights would include landscaping, screening and trespass control. The <br />regulations now proposed by the City are in conflict with what was promised by the county in <br />connection with the easement given to the county. <br /> <br />The following enclosures were included in the May 23, 2005 letter to the Planning Commission: <br />RLID Property Report; Assessor's Map for subject property; Drainage Easement to County; <br />Instrument 74-10378 (March 18, 1974); Letter from Lane County to N. Shields (March 4, 1974); <br />ESEE Table 20.5.2, Recommendations Summary; ESEE Maps 20A and 20B <br /> <br /> <br />Kimberly l.R. O'Dea <br /> <br />Cc: Nathan Shields <br /> <br />O~/~a15 <br />