HomeMy WebLinkAboutResolution No. 4905
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COUNCIL RESOLUTION NO. 4905
A RESOLUTION GRANTING A MEASURE 37
CLAIM AND MODIFYING A PROVISION OF
CHAPTER 9 OF THE EUGENE CODE, 1971 FOR
PROPERTY LOCATED ON 12TH AVENUE
BETWEEN CHARNEL TON AND LINCOLN
STREETS, EUGENE, OREGON (ASSESSOR'S
MAP 17-03-31-42 TL 7100 - DMB Green, LLC).
PASSED: 6:1
REJECTED:
OPPOSED: Bettman
ABSENT: Taylor
RECUSED:
CONSIDERED: March 14, 2007
RESOLUTION NO. 4905
A RESOLUTION GRANTING A MEASURE 37 CLAIM AND
MODIFYING A PROVISION OF CHAPTER 9 OF THE
EUGENE CODE, 1971 FOR PROPERTY LOCATED ON
12TH AVENUE BETWEEN CHARNELTON AND LINCOLN
STREETS, EUGENE, OREGON (ASSESSOR'S MAP 17-03-
31-42 TL 7100 - DMB Green, LLC).
The City Council of the City of Eugene finds that:
A. John Brown, a member ofDMB Green, LLC ("Claimant"), submitted a claim on
its behalf to the City seeking compensation or a waiver of regulations under Ballot Measure 37.
Claimant alleged that the Floor Area Ratio (F AR) provision within the /TD Transit Oriented
Development overlay zone of 1.0 as set forth in EC Section 9.4530(3)(a) and Map 9.4510
(established by LUCU), restricts the use of its property and diminished the fair market value of
the property located on the south side of 1ih Avenue between Chamelton and Lincoln Streets
(the "lot"). The lot is currently utilized as a parking area.
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 the current FAR of 1.0 required by EC 9.4530(3)(a) be
waived, and the prior FAR of .65 be re-imposed.
C. Considering the City Manager's recommendation and conclusion as to the validity
of the claim, and the lack of City funds with which to pay compensation to DMB Green, LLC,
the City Council finds the public interest will be best served by waiving or modifying the current
FAR requirement ofEC 9.4530(3)(a) as hereinafter set forth.
Resolution - 1
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
modifies the following land use regulation contained in the Eugene Code, 1971, for the property
owned by DMB Green, LLC, located on 1ih Avenue between Chamelton and Lincoln Streets,
Eugene, Oregon, Assessor's Map 17-03-31-42, Tax Lot 7100:
Authorized modification to the FAR requirement ofEC 9.4530(3)(a):
The current 1.0 floor area ratio (FAR) requirement ofEC 9.4530(3)(a) is waived, and a
.65 FAR is re-imposed for the subject property.
Section 2. A copy of this Resolution shall be forwarded to DMB Green, LLC at 1260
Chamelton Street, Eugene, Oregon 97401, to its representative John Brown, 101 East Broadway,
Suite 101, Eugene, Oregon 97401, 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 14th day of March, 2007.
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City Recorder
Resolution - 2
DMB Green Measure 37 Claim
Legal Description
THE EAST 56.0 FEET OF LOTS 1 AND 2, BLOCK 11, PLAT OF ELIAS STEWART
ADDITION, AS PLATTED AND RECORDED IN BOOK 2, PAGE 29, LANE
COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON.