HomeMy WebLinkAboutItem 2: PH on Bush Measure 37 Claim for Compensation (M37 06-1)
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: Bush Measure 37 Claim for Compensation (M37 06-1)
Meeting Date: November 20, 2006 Agenda Item Number: 2
Department: Planning and Development Staff Contact: Patricia Thomas
www.eugene-or.gov Contact Telephone Number: 682-5561
ISSUE STATEMENT
The Eugene City Council is scheduled to hold a public hearing on November 20, 2006, regarding a
Measure 37 claim submitted by Judith M. Bush for compensation for the alleged reduction in fair market
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value to her lot located at 1333 West 10 Avenue through the adoption of the Chambers Special Area
Zone regulations.
BACKGROUND
As detailed in the attached report and recommendation, the City Manager has concluded that Ms. Bush’s
claim is valid. Although the claimant requests $111,000 in compensation, the City Manager has
proposed a waiver of regulations in lieu of payment. This recommendation is based on an agreement
reached by Ms. Bush and her representative, immediate neighbors to the subject property, and
representatives of the neighborhood organization for the neighborhood in which the property is located,
Jefferson Westside Neighbors. Please refer to the attached report and recommendation from the City
Manager for further details.
A copy of the original Measure 37 claim, along with other documents and information related to the
issues in the Measure 37 claim, are contained in a notebook that has been placed in the Council Office.
A copy of that notebook is also available for public inspection by contacting Patricia Thomas.
RELATED CITY POLICIES
Ordinance No. 20331, concerning real property compensation, is related to this claim.
COUNCIL OPTIONS
This is a public hearing only. Following the public hearing, staff will offer the council several options
before the council is requested to take action.
CITY MANAGER’S RECOMMENDATION
The attached report recommends that certain regulations be waived in lieu of compensating the claimant.
However, this is a public hearing only and no action is desired at this time. Measure 37 claims must be
acted upon by council within 180 days of filing, which will require a decision on Ms. Bush’s claim by
December 30, 2006. City Council deliberation and action is scheduled for December 11, 2006.
L:\CMO\2006 Council Agendas\M061120\S0611202.doc
SUGGESTED MOTION
There are no suggested motions at this time. This item is for public hearing only.
ATTACHMENTS
A. City Manager’s Report and Recommendation
B. Resolution
C. Agreement
D. Letter from Jefferson Westside Neighbors dated November 13, 2006
FOR MORE INFORMATION
Staff Contact: Patricia Thomas
Telephone: 682-5561
Staff E-Mail: patricia.thomas@ci.eugene.or.us
L:\CMO\2006 Council Agendas\M061120\S0611202.doc
ATTACHMENT A
BALLOT MEASURE 37 (CHAPTER 1, OREGON LAWS 2005)
CLAIM FOR COMPENSATION
CITY OF EUGENE
REPORT AND RECOMMENDATION OF THE CITY MANAGER
NAME OF THE CLAIMANT: Judith M. Bush
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MAILING ADDRESS: 1333 West 10 Avenue, No.3
Eugene, Oregon 97402
CLAIMANT’S REPRESENTATIVE: Ron Blacquiere
1858 Lawrence Street
Eugene, Oregon 97401
PROPERTY IDENTIFICATION: Lot 12100 of Assessor’s Map
17-04-36-13
ZONING: S-C/R2 Subarea, Chambers
Special Area Zone/Medium
Density Residential Subarea
I. SUMMARY OF CLAIM
Judith M. Bush submitted a claim under Ballot Measure 37 for compensation for the
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alleged reduction in fair market value to her lot at 1333 West 10 Avenue. Ms. Bush
claimed that the S-C Chambers Special Area Zone, Eugene Code sections 9.3050-9.3065
restricted the use of her property. Ms. Bush claimed that these land use provisions,
enacted after she acquired the property, have the effect of restricting use and thereby
diminishing the fair market value of the property, and so she seeks compensation or
waiver of regulations under Measure 37.
II. SUMMARY OF CITY MANAGER RECOMMENDATION
Based on the analysis set forth in section III below, the City Manager has concluded that
Ms. Bush’s claim is valid. Since the City has no funds with which to pay compensation,
and in light of an agreement negotiated between the claimant, affected neighbors and
representatives of the local neighborhood organization, Jefferson Westside Neighbors,
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related to an acceptable waiver, the City Manager is recommending a waiver consistent
with that agreement.
Measure 37 generally grants a property owner the right to compensation (or waiver at the
option of the government) within two years of enactment of a new regulation if five
substantive requirements are met. First, the regulation must constitute a “land use
regulation” as that term is defined by Measure 37. Second, the public entity must have
enacted a new regulation or enforced a regulation that was in effect prior to the Measure
37 effective date (December 2, 2004). Third, the regulation must “restrict the use” of
private property. Fourth, the effect of the regulation must cause a reduction in the fair
market value of the property. And fifth, the regulation must not fall within one of
Measure 37’s five exemptions.
As discussed below, the regulations that are subject of this claim were enacted following
the effective date of Measure 37, qualify as land use regulations, effectively restrict
previously allowed uses on the property, and reduce the property’s fair market value.
Further, the regulations do not fall within one of Measure 37’s five exemptions.
Therefore, the claim is valid.
III. ANALYSIS OF CLAIM
A. Ownership.
Measure 37 provides for payment of compensation or relief from (waiver of) specific
laws for “owners” as that term is defined by the Measure. Ballot Measure 37, Section
11(C) defines “owner” as “the present owner of the property or any interest therein.”
Based on the information that is available from the deed submitted by the claimant
(warranty deed 9745544) and from Lane County Regional Land Information Database
(RLID), the subject lot was acquired by Judith M. Bush and Ronald B. and Bess
Blacquiere and recorded on July 8, 1997. The property is currently owned solely by
Judith M. Bush.
B. “Land use regulations.”
Measure 37 requires compensation (or waiver) only for those regulations which
constitute “land use regulations” as that term is defined by Measure 37. Measure 37
defines land use regulation, with respect to local governments, as “local government
comprehensive plans, zoning ordinances, land division ordinances and transportation
ordinances.”
Ms. Bush’s claim is based on sections 9.3050-9.3065 of the Eugene Code, the S-C
Chambers Special Area Zone. That zoning ordinance would qualify as a “land use
regulation” under the Measure 37 definition. Although the land use regulations cited
include all of the S-C Chambers Special Area Zone provisions, the appraisal submitted
with the claim specifically analyzes the impact of the density restrictions on Ms. Bush’s
ability to further develop the property. Because the S-C Chambers Special Area Zone
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provisions limit the density on the subject site, pursuant to the requirements of EC
9.3065(3)(a), the owner is unable to add at least one additional dwelling unit as would
have been permitted under previous regulations. EC 9.3065(3)(a)1.c. restricts a property
over 9200 square feet (the subject lot is approximately 10,905 square feet) to a maximum
of three dwelling units. In fact, four dwelling units are currently constructed on the
property. The effect of the regulations is to disallow the addition of previously permitted
additional dwelling units on the property and to render one of the dwelling units legally
non-conforming.
Since submittal of the claim, Ms. Bush has entered into discussions in a collaborative
spirit with abutting neighbors, neighbors across the street from the property and
representatives of the affected neighborhood organization, the Jefferson Westside
Neighbors, to seek a mutually agreeable solution to her claim. Members of the Jefferson
Westside Neighbors played an active role in developing the Chambers Special Area Zone
regulations and representatives of the neighborhood group sought to participate in
discussions regarding resolution of the claim. Following discussions, Ms. Bush
determined that she would be satisfied to construct one more dwelling on the property (as
opposed to three additional dwellings the claim alleged could be built) and would comply
with specific standards within EC 9.3050-9.3065 as described in the Recommendation
section below. Ms. Bush, the neighbors and the neighborhood organization have reached
an agreement that is in the process of being reduced to writing and signed. The draft of
that agreement is consistent with the proposed waiver described below.
C. Enactment/Enforcement.
Measure 37 states that a property owner has a claim if a public entity “enacts or enforces
a new land use regulation or enforces a land use regulation enacted prior to the effective
date” of Measure 37. The relevant provisions in Chapter 9 of the Eugene Code which the
owner alleges have reduced the property value of the subject lot are EC 9.3050-9.3060,
enacted on December 12, 2005 and EC 9.3065, enacted on December 14, 2005. Since
these were enacted following the effective date of Measure 37 (December 2, 2004) the
claim meets this requirement.
D. Restriction on use, reduction in value.
A “land use regulation” gives rise to a Measure 37 claim only if the regulation would
“restrict the use” of private property and have the effect of reducing the fair market value
of property. The specific regulations which the claimant states has restricted use of the
property are EC 9.3050-9.3065 from the Chambers Special Area zone. These regulations
generally restrict the density and limit the form and volume of structures on the property.
The claimant submitted an appraisal, the purpose of which, as written on page 1 is “to
provide the appraiser’s best estimate of the market value of the subject property with its
current restricted zoning, S-R2, as of the effective valuation date.” (May 11, 2006) The
appraisal, prepared by Charles E. Thompson & Assoc., Inc., concludes that “there is
excess land (that) could accommodate three additional units.” Therefore, the appraisal
evaluated the value of the land as currently restricted by the land use regulations versus
the value of the land with the maximum allowed development under previous regulations.
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With the results of the appraisal, the claimant alleges that the estimated “Potential
Measure 37 Claim” on the property is $111,000, quoted as follows:
1) Estimated Value of Subject Property under the hypothetical condition and
extraordinary assumption that it is zoned with no special overlay restrictions
allowing or up to seven residential units effective May 11, 2006
…………………………………………………………………… $446,000.
2) Estimated Value of Subject Property as currently zoned (S R2) effective May
11, 2006…………………………………………………………… $335,000.
Potential Measure 37 Claim:……………………………… $111,000.
E. Exemptions.
Finally, a Measure 37 claim would not be valid to the extent that one or more of the
regulations fell within one of the five exemptions under the Measure. Regulations
adopted for the purposes of protecting the public health and safety or were adopted to
prevent nuisances, or comply with federal law, then the regulations are exempt under
Measure 37, even if they otherwise constitute “land use regulations” that “restrict the use’
and “reduce the fair market value” of the property. This claim is not subject to any of the
five exemptions.
IV. CONCLUSION AND RECOMMENDATION
Based on the analysis above, the City Manager has determined that Ms. Bush’s claim is
valid. In lieu of the request for compensation as described above, and based on the
claimant’s subsequent proposed agreement with neighbors, the City Manager is
recommending that a waiver or modification of some of the regulations be approved to
allow the claimant to develop the property to an extent that would have been permitted
under previous regulations and that would satisfy her intentions with the claim. (It
should be noted that, since no formal development application has been filed, the City has
not conducted an exhaustive evaluation of all the regulations that may apply at the time
the owner applies for a building permit. The additional regulations that will apply at that
time are typical of new construction and will not exclude the construction of a new
dwelling unit on the property.)
Although the original claim alleged that all of the Chambers Special Area Zone standards
restricted development of her lot, Ms. Bush has proposed to comply with the following
modified regulations, as agreed upon by the claimant, the abutting neighbors, neighbors
across the street, and representatives of the Jefferson Westside Neighbors, if allowed to
develop one additional dwelling:
Recommended modifications to Chambers Special Area Zone Development
Standards Applicable in S-C/R-2 Subarea:
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The following proposed waivers or modification of regulations are made upon
the conditionthat a new dwelling unit may be constructed only on the portion of
the lot within 60 feet of the front lot line.
1. EC 9.3065(3)(a)1.c.
Modify to allow more than the maximum three
dwelling units permitted by the regulation as follows:
Allow the EXISTING four dwelling units and ONE additional detached
dwelling unit.
2. EC 9.3065(3)(j).
Modify to allow total vehicle use area to exceed 20
percent of the lot area, as follows:
Allow the EXISTING 1,820 square feet of vehicle use area that provides access
and parking for the existing four dwelling units and ONE additional driveway to
serve the additional, detached dwelling unit. The additional driveway must
comply with EC 9.3065(3)(f) Driveway Standards, and the total vehicle use area
on the subject lot must not exceed 2,435 square feet total.
3. EC 9.3065(3)(b) through (j).
No modifications permitted for the new
dwelling unit, as follows:
Except as otherwise stated in this agreement, all development within 60 feet of
the front lot line must comply with all other Chambers Special Area Zone
development standards for the S-C/R-2 subarea, including those in EC
9.3065(3)(b) through (j). (An approved adjustment to a standard constitutes
compliance with the standard.)
4. EC 9.5500 (1)-(14) Multiple Family Standards.
Proposed waiver of all standards, as follows:
Development entirely within 60 feet of the front lot line of the subject lot shall
not be subject to these standards.
5. EC 9.6100-9.6110 Bicycle Parking Standards.
Not waived or
modified.
These standards should not be waived as they have been in effect since 1993,
prior to acquisition of the property by the current owner.
Because the City Manager is recommending that the Council grant a waiver, and the code
requires a public hearing before the Council could decide whether to grant a waiver, this
claim has been scheduled for a public hearing on November 20. For that meeting, the
City Manager anticipates having (and including as an attachment to the AIS) the
agreement signed by neighbors, the claimant and the neighborhood association.
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ATTACHMENT B
RESOLUTION NO. __________
A RESOLUTION GRANTING A MEASURE 37 CLAIM AND
WAIVING OR MODIFYING SOME PROVISIONS OF
CHAPTER 9 OF THE EUGENE CODE, 1971 FOR
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PROPERTY LOCATED AT 1333 WEST 10 AVENUE,
EUGENE, OREGON (ASSESSOR’S MAP 17-04-36-13 TL
12100 – JUDITH M. BUSH).
The City Council of the City of Eugene finds that:
A.
In accordance with the provisions of Sections 2.070 through 2.095 of the Eugene
Code, 1971 (“EC”), Judith M. Bush submitted a claim to the City seeking compensation or a
waiver of regulations under Ballot Measure 37. Ms. Bush claimed that EC Sections 9.3050
through 9.3065 establishing the S-C Chambers Special Area Zone restricted the use of her
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property and diminished the fair market value of her property at 1333 West 10 Avenue (the
“lot”).
B.
As required by EC 2.085 the City Manager has caused an investigation of the
claim to be made, has determined the claim to be valid, and has submitted to the Council a
Report and Recommendation that certain provisions of EC 9.3050 through 9.3065 be modified or
waived as hereafter more particularly set forth.
C.
As noted in the Report and Recommendation of the City Manager, Ms. Bush has
met with abutting neighbors, neighbors across the street from her property, and the affected
neighborhood organization, the Jefferson Westside Neighbors. Those parties have reached a
mutually agreeable solution to Ms. Bush’s claim which is reflected in a written agreement, a
copy of which is attached hereto. That agreement is based on a number of considerations which
are identified in the Recitals contained on pages 1 and 2 of the agreement, including the unique
configuration of, and previous development on, the lot; and the ability to grant a waiver that is
Resolution - 1
still consistent with the purposes of the S-C Chambers Special Area Zone and actually makes the
streetscape after the additional development more compatible with the neighborhood. That
Agreement is consistent with the waiver granted herein.
D.
Considering the City Manager’s recommendation and conclusion as to the validity
of the claim, the lack of City funds with which to pay compensation to Ms. Bush, and the
agreement negotiated between Ms. Bush, abutting neighbors, and the affected neighborhood
association, the City Council finds the public interest will be best served by waiving or
modifying portions of EC 9.3050 through 9.3065 as hereinafter set forth.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1.
Based on the above findings, which are adopted herein, and the analysis
contained in the Report and Recommendation of the City Manager, the City Council hereby
waives or modifies the following land use regulations contained in the Eugene Code, 1971, for
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the property owned by Judith M. Bush located at 1333 West 10 Avenue, Eugene, Oregon,
Assessor’s Map 17-04-36-13, Tax Lot 12100:
Authorized modifications to Chambers Special Area Zone Development Standards
Applicable in S-C/R-2 Subarea:
The following waivers or modification of regulations are made upon the conditionthat
a new dwelling unit may be constructed only on the portion of the lot within 60 feet of
the front lot line.
1. EC 9.3065(3)(a)1.c.
Modify to allow more than the maximum three
dwelling units permitted by the regulation as follows:
Allow the EXISTING four dwelling units and ONE additional detached
dwelling unit.
2. EC 9.3065(3)(j).
Modify to allow total vehicle use area to exceed 20 percent of
the lot area, as follows:
Resolution - 2
Allow the EXISTING 1,820 square feet of vehicle use area that provides
access and parking for the existing four dwelling units and ONE additional
driveway to serve the additional, detached dwelling unit. The additional
driveway must comply with EC 9.3065(3)(f) Driveway Standards, and the
total vehicle use area on the subject lot must not exceed 2,435 square feet
total.
3. EC 9.3065(3)(b) through (j).
No modifications permitted for the new
dwelling unit, as follows:
Except as otherwise stated herein, all development within 60 feet of the
front lot line must comply with all other Chambers Special Area Zone
development standards for the S-C/R-2 subarea, including those in EC
9.3065(3)(b) through (j). (An approved adjustment to a standard constitutes
compliance with the standard.)
4. EC 9.5500 (1)-(14) Multiple Family Standards.
Proposed waiver of all standards, as follows:
Development entirely within 60 feet of the front lot line of the subject lot shall not
be subject to these standards.
Section 2.
A copy of this Resolution shall be forwarded to Judith M. Bush, to the City’s
Planning & Development Department, and a copy shall be recorded with the Lane County
Records Department .
Section 3.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the ____ day of November, 2006.
_______________________________________
City Recorder
Resolution - 3
ATTACHMENT C
MEASURE 37 CLAIM AGREEMENT
BETWEEN: Judith M. Bush (Claimant)
AND: Abutting Property OwnersOwners)
(
AND: Jefferson Westside Neighbors, a City of Eugene
Chartered Neighborhood Organization (JWN)
RECITALS
A.
Sections 2.070 through 2.095 of the Eugene Code, 1971 (“EC”) implement the
provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 37 which
requires governments to pay compensation or waive regulations when certain regulations restrict
the use of property and reduce its value. These sections establish a process enabling property
owners to present a Measure 37 claim to the City of Eugene (“City”).
B.
EC Sections 9.3050 through 9.3065, the S-C Chambers Special Area Zone
provisions, were added to the Code by Ordinance No. 20355 effective January 1, 2006. Other
provisions of the Code applicable to this Agreement were initially added to the Code by
Ordinance No. 20224 enacted February 26, 2001, readopted by Ordinance 20249 enacted May 8,
2002, effective June 1, 2002, and subsequently amended, most recently by Ordinance No. 20353,
which became effective January 1, 2006.
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C.
Claimant is the owner of the property located at 1333 West 10 Avenue, Eugene,
Oregon 97402, and has filed a Measure 37 claim with the City seeking compensation or a waiver
of some of the Code provisions of EC 9.3050 through 9.3065 that are applicable to Claimant’s
property.
D.
Each of the Owners own property that neighbors or abuts Claimant’s property at
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1333 West 10 Avenue, Eugene, Oregon.
E.
Claimant’s and Owners’ property are located within the boundaries of JWN, the
City of Eugene recognized neighborhood organization for that area.
F.
Claimant, Owners, and JWN have conferred, and agree that the interests of all
parties will be furthered if the City grants Claimant’s request for a waiver under Measure 37 as
hereinafter set forth.
G.
If a waiver is granted in accordance with this Agreement, it will permit a single-
family house that meets all design standards of the S-C/R-2 residential subarea to be built on a
50 foot wide, 60 foot deep vacant area abutting the street. Because of the unique configuration
of the lot and previous development on the rear of the lot, this vacant area appears as a “missing
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tooth” amidst a row of modest single-family houses in the 1300 block of West 10 Avenue.
Agreement - 1
H.
This Agreement addresses the property owner’s concerns and furthers the stated
purposes of the S-C Chambers Special Area Zone (EC 9.3050). Adding a compatible house in
the existing 50 foot wide gap will specifically serve the following purposes stated in EC 9.3050:
(1) Protect and maintain healthy existing neighborhoods by ensuring compatible
design for infill development in terms of the structure’s mass, scale, orientation
and setback to complement patterns in the existing neighborhood.
(2) Promote a general increase in density with a mix of multi-family and single
family residential development that contributes positively to the neighborhood
pattern of single-family detached dwellings.
(5) Establish, strengthen, and maintain a high quality urban environment with
compatible commercial, residential and industrial use.
(6) Create a pedestrian friendly environment.
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I.
By filling the existing gap on West 10 Avenue with residential development that
advances the desired characteristics in Paragraph H, the streetscape will be more compatible with
the neighborhood, and problems with illegal use of the vacant area (e.g., for camping and fires)
will be eliminated. The additional “eyes on the street” and comings-and-goings by occupants of
a street-oriented, single-family home will contribute to the safety of the surrounding area and to
the pedestrian appeal of the section of the sidewalk that currently passes the vacant area.
AGREEMENT
Now, therefore, in consideration of the foregoing Recitals, which by this reference are
incorporated herein as if set forth in full, and of the mutual covenants, conditions and obligations
on the part of each party to be kept and performed, it is hereby agreed as follows:
1.
The parties will jointly recommend to the Eugene City Council that it waive
and/or modify the following provisions of EC 9.3065 S-C Chambers Special Area Zone
Development Standards Applicable in the S-C/R-2 Subarea:
1.1
EC 9.3065(3)(a)1.c., which specifies the maximum density standards for
lots with street access as:
“Three dwelling units if the lot area is greater than 9,200 square feet.”
be modified for Claimant’s property to allow the existing four dwelling units and one
additional, detached dwelling unit, which must be located entirely within 60 feet of the
front lot line.
1.2
EC 9.3065(3)(j), Vehicle Use Area, which specifies that:
“The total vehicle use area shall not exceed 20 percent of the lot size.”
be modified for Claimant’s property to allow the existing 1,820 square feet of vehicle use
area that provides access and parking for the existing four dwelling units, and one
additional driveway to serve the additional detached dwelling unit permitted herein. The
Agreement - 2
additional driveway shall comply with EC 9.3065(3)(f) Driveway Standards, and the total
vehicle use area on Claimant’s property shall not exceed a total of 2,435 square feet.
2.
Except as otherwise provided in this Agreement, all development within 60 feet
of the front lot line of Claimant’s property should comply with all other Chambers Special Area
Zone development standards for the S-C/R-2 subarea, including those in EC 9.3065(3)(b)
through (j). (An approved adjustment to a standard constitutes compliance with the standard.)
3.
Development that occurs on Claimant’s property entirely within 60 feet of the
front lot line of the property should not be subject to the EC 9.5500 Multi-Family Standards, and
other standards referenced in EC 9.5500.
4.
Nothing contained in this Agreement should be construed in any way to limit
Claimant’s ability to replace the existing two structures (four dwelling units) if they are
destroyed by fire or some other event, providing the replacement structure(s) are constrained to
the same footprint (lot area) and envelope (3-dimensional volume) as the structure(s) being
replaced, or meets all applicable S-C/R-2 development standards EC 9.3065(3)(b) through (e),
and the replacement structures do not exceed 4 dwelling units in addition to the single-family
home.
5.
By execution of this Agreement, Claimant agrees that if the Eugene City Council
approves a waiver/modification of applicable code provisions consistent with Sections 1, 2, and
3 of this Agreement for Claimant’s Measure 37 claim number M37 06-1 regarding Claimant’s
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property at 1333 West 10 Avenue, such waiver/modification will fully satisfy all of Claimant’s
rights under Measure 37 applicable to the said property with respect to the provisions of the
Eugene Code, 1971, as of the date of Claimant’s signature below.
6.
By execution of this Agreement, the JWN affirms the determination of its elected
officers that this Agreement contributes positively to the neighborhood pattern, helps protect the
health of the neighborhood, and in no way lessens or circumvents the intended application of the
standards applicable to the S-C/R-2 subarea, and agrees that if the Eugene City Council approves
a waiver/modification consistent with Sections 1, 2, and 3 of this Agreement for Claimant’s
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Measure 37 claim number M37 06-1 regarding Claimant’s property at 1333 West 10 Avenue, it
will not challenge or appeal the waiver/modification in any administrative proceeding or in the
courts of the State of Oregon, and that the person signing this Agreement on its behalf is fully
authorized to do so.
7.
By execution of this Agreement, the individual owners of the properties abutting
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and neighboring Claimant’s property at 1333 West 10 Avenue agree that if the Eugene City
Council approves a waiver/modification consistent with Sections 1, 2, and 3 of this Agreement
for Claimant’s Measure 37 claim number M37 06-1 regarding Claimant’s property at 1333 West
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10 Avenue, they will not challenge or appeal the waiver/modification in any administrative
proceeding or in the courts of the State of Oregon.
The foregoing Agreement is effective as of the date of the latest signature of the parties as
indicated below.
Agreement - 3
CLAIMANT JEFFERSON WESTSIDE NEIGHBORS
__________________________________ By:_________________________________
Title: ______________________________
Date: ____________________________ Date: ______________________________
OWNERS:
__________________________________ ____________________________________
__________________________________ ____________________________________
Date: ____________________________ Date: ______________________________
__________________________________ ____________________________________
__________________________________ ____________________________________
Date: ____________________________ Date: ______________________________
__________________________________ ____________________________________
__________________________________ ____________________________________
Date: ____________________________ Date: ______________________________
STATE OF OREGON )
: ss
County of Lane )
This instrument was acknowledged before me by Judith M. Bush on this ____ day of
_________________, 2006.
____________________________________
Notary Public for Oregon
My Commission Expires:
Agreement - 4
ATTACHMENT D
Jefferson Westside Neighbors
A City-Chartered Neighborhood Association
www.jwneugene.org
November 13, 2006
Mayor Piercy and Eugene City Council
City Hall
777 Pearl Street, Room 105
Eugene, OR 97401
RE: Measure 37 claim for 1333 W. 10th Ave.
Dear Mayor and City Councilors:
On behalf of the Jefferson Westside Neighbors (JWN), we want to state our conditional
support for approving Ms. Judith Bush's Measure 37 claim for 1333 W. 10th Ave.
The JWN supports the claim only under the conditions and terms specified in the
~'MEASURE 37 CLAIM AGREEMENT", which was developed in cooperation with
Glenn Klein, the City Attorney, and which has been signed by the owner, JWN Co-
chairs, and nearby property owners. We understand from the City Attorney that this
agreement will be incorporated as an attachment to the Council resolution recommended
by the City Manager.
We are very pleased with the way Ms. Bush and her son and representative, Mr. Ron
Blacquiere, supported the intent of the Chambers Special Area Zone (CSAZ) goals and the
S-CIR-2 development standards. Ms. Bush and Mr. Blacquiere are to be commended for
genuinely acting in the best interests of the neighborhood that encompasses their property.
As the Agreement recitals explicitly state, this was a very unique situation in which the
owner's proposed single-family, detached home would fill a "missing tooth" gap.on that
block of W. 1 Oth Ave. The agreement required no compromise with the goals and intent
of the CSAZ and S-C/R-l standards. It is strictly on the basis laid out in the Agreement
recitals that the JWN supports this claim, and we support only those modifications
enumerated in the Agreement.
The JWN opposes any action on this claim or future claims that would undermine the
goals and intent of the CSAZ and S-CIR-2 standards.
Also note that our support for the claim and proposed modifications to applicable
development standards does not indicate our agreement to any of the statements in the
original claim application and attached materials, except that we believe the owner would
have been allowed to build a single additional unit on the subject property at the time the
owner purchased. the property.
Specifically, we do not believe the owner would have been allowed to build three
additional units, nor that the owner's alleged reduction of the subject property's value is
valid, nor that the facts and methods used in the calculation of this value by the owner's
appraiser are accurate and valid.
Mayor and City Council
November 13, 2006
Page Two
We confirmed in discussions with Planning Division staff that those issues were not fully
evaluated by staff, and Council's approval of this claim should in no way imply more
than that the claim is justified based on the S-C/R-2 standards restricting the owner from
adding one unit and the fact that there is an agreement that serves the interests of the
owner, the area neighbors, the JWN neighborhood association, and the City, and which
incurs no cost to the City.
Thank you for your consideration. Please contact either of us if we can be of assistance.
Respectfully,
~e;(MU--
P~t~
Rene Kane, Co-Chair
254 W. 14th Ave.
rkane@highstream.net
343-4309
Paul Conte, Co-Chair
1461 W. 10th Ave.
pconte@picante-soft.com 344-2552