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HomeMy WebLinkAboutResolution No. 4896 ~~ COUNCIL RESOLUTION NO. 4896 A RESOLUTION GRANTING A MEASURE 37 CLAIM AND WAIVING OR MODIFYING SOME PROVISIONS OF CHAPTER 9 OF THE EUGENE CODE, 1971 FOR PROPERTY LOCATED AT 1333 WEST 10TH AVENUE, EUGENE, OREGON (ASSESSOR'S MAP 17-04-36-13 TL 12100 - JUDITH M. BUSH). PASSED: 8:0 REJECTED: OPPOSED: ABSENT: RECUSED: CONSIDERED: December 11, 2006 RESOLUTION NO. 4896 A RESOLUTION GRANTING A MEASURE 37 CLAIM AND WAIVING OR MODIFYING SOME PROVISIONS OF CHAPTER 9 OF THE EUGENE CODE, 1971 FOR PROPERTY LOCATED AT 1333 WEST 10TH 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 property and diminished the fair market value of her property at 1333 West 10th 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 ofEC 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 ofEC 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 the property owned by Judith M. Bush located at 1333 West 10th 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 condition that 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)0). 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)(t) 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 0). 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 G). (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 11th day of December, 2006. V'\ACL< ~ ~ity Recorder Resolution - 3 ~OOI- 63534 MEASURE 37 CLAIM AGREEMENT City Manager's Office 777 Pearl Street, Rm. 105 EUQene, OR 97401 \\\\i\exo BETWEEN: Judith M. Bush (Claimant) AND: Abutting Property Owners (Owners) AND: Jefferson Westside Neighbors, a City of Eugene Chartered Neighborhood Organization (JWN) RECIT ALS 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 3 7 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 I, 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. C. Claimant is the owner of the property located at 1333 West 1 oth 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 1333 West 10th 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 tooth" amidst a row of modest single-family houses in the 1300 block of West 1 oth 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: (I) 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. I. By filling the existing gap on West 1 oth 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)0), Vehicle Use Area, which specifies that: "The total vehicle use area shall not exceed 20 percent of the lot size." Agreement - 2 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 additional driveway shall comply with EC 9.3065(3)(t) 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 0). (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 property at 1333 West 10th 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 Measure 37 claim number M37 06-1 regarding Claimant's property at 1333 West 10th Avenue, it will not challengee 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 and neighboring Claimant's property at 1333 West 1 Oth 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 Agreement - 3 10th A venue, 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. Date: /~3&~ ~k-1 Date: II/,II D II , t ~ft Date: Date: I t - \ ~ - () , STATE OF OREGON ) : ss JEFFERSON WESTSIDE NEIGHBORS By:Jl1, kJ1 ~t%~~- Title: J~N ~_~o..llV'~ Date: ~l2-00G:> - ~ lt~;\oc Date: l \ /l2-/~ I- , -rJ~g% ~ /Yb(Jad4~~ " ,,~ '""11 Date: /1- /2- - (!) it; Date: \\-\3-0C County of Lane ) ,N~i~W-~n~o~~ acknowledged before me by Judith MCJ' Bush)on~thiS I ~day of ~ l ~f~~/ Notary Public for Oregon My Commission Expires: OFFICIAL SEAL LONNIE A MILLER NOTARY PUBLIC. OREGON COMMISSION NO. 392668 MY COMMISSION EXPIRES JUNE 9, 2009 Agreement - 4