"Win-win-win" agreement on Measure 37 claim!
December 11, 2006 -- Council passes M-37 resolution unanimously !!!
Here's a really encouraging example of what neighborhood residents and a property
owner with real integrity and appreciation for the neighborhood can accomplish.
The short story
The family that owns the lot and four apartments at 1333 W. 10th Ave. wanted to build a
small, single-family home on a vacant part of the lot that's adjacent to the street.
Because this lot is in the Chambers Special Area Zone (CSAZ), the lot already had more
units than the maximum of three allowed by the new S-C/R-2 standards.
The property owners, nearby residents, and JWN co-chairs worked together quietly over
the summer of 2006 to come up with a solution that's a "win" for the neighborhood, a
"win" for the owners, and a "win" for the City.
Because this is the only lot in the CSAZ with existing development off the street and a
large vacant area on the street (which creates a "missing front tooth" appearance),
nearby residents agreed that a small house that met all the S-C/R-2 standards would
increase the stability of the block and would improve the character of that area. Thus,
residents didn't have to compromise any of their goals for the CSAZ by agreeing to
support the owner's request. Under the legal agreement that was signed, the owners
are bound to comply with the S-C/R-2 standards.
The City "wins", too, because this is Eugene's very first residential M-37 claim; and the
agreement between owners, adjacent residents, and the JWN neighborhood
association establishes a "model" for responding to future residential M-37 claims.
City Council agreed with us and unanimously (8-0) approved a resolution based on the
agreement between the residents and the owner.
Details
The subject property is in the middle of the north side of the 1300 block of W. 10th Ave. It
includes the vacant area that abuts the street and the two apartment buildings (four
dwelling units) and parking in the rear of the lot. This property does not include the green
bungalow at 1331 W. 10th Ave. The driveway to the apartment's parking lot is across an
easement on east side of the green bungalow.
In simple terms, the owner of 1333 W. 10th Ave. filed a claim because the "Chambers
Special Area Zone" (CSAZ) development standards that City Council adopted in
December 2005 would not allow an additional dwelling unit to be built on the property.
The property already had four units and the CSAZ standards limit properties this size to
three units.
The CSAZ establishes a new set of flexible and reasonable standards that prevent the
type of over-built, poorly-designed, and badly sited "infill" that has caused major
degradation of our neighborhood. The CSAZ standards were developed during a public
process in 2004-05 that lasted over sixteen months and involved many residents in this
immediate area. It is vitally important to the health of our neighborhood that these
standards not be undercut in any way, including by City action in response to a M-37
claim.
Fortunately, your neighbors have taken action to successfully prevent any weakening of
the CSAZ standards as a result of this M-37 claim.
Over a period of four months, nearby residents and the co-chairs of the neighborhood
association (Jefferson Westside Neighbors) worked with the owner's representative to
reach an agreement that will further the purposes of the CSAZ. Because of the unique
configuration of the lot and previous development on the rear of the lot, the vacant area
on the street appears as a "missing tooth" amidst a row of modest single-family houses
in the 1300 block of West 10th Avenue.
Under the agreement, the owner will be allowed to build one detached, single-family
house in the vacant area of the lot, and this new house must meet ALL development
standards in the CSAZ, including building height, setbacks, etc.
By filling the existing gap on West 10th Avenue with residential development that
advances the desired characteristics of the CSAZ, 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.
We emphasize the agreement is not a "compromise" – the outcome will not result in any
development that doesn't meet the intended purposes of the CSAZ standards.
In order to allow the one new house, the M-37 claim had to be approved by City Council.
But the approval Council resolution (see Attachment A on page 3 of the Agenda Item
Summary) states that the unique configuration of the lot and previous development on
the rear of the lot, along with the requirement that the house meet all CSAZ standards,
are the basis for approving the claim. This will ensure the owner fulfills their obligations.
We've also worked closely with the Goal One organization to make sure the agreement
will not establish any precedent that would support other M-37 claims in our
neighborhood. We and the Goal One attorneys are confident the agreement achieves
this outcome.
Council action
On November 20, 2006, City Council held a public hearing on the resolution. City staff
recommended approval. (Read staff report.) Nearby neighbors, the JWN co-chairs, and
the owner's representative testified in support of the agreement.
The only person who opposed the agreement during the hearing was Planning
Commissioner Jon Belcher, who had been the only commissioner to vote against the
CSAZ when it was considered in 2005. The JWN co-chairs responded with a letter to City
Council rebutting Commissioner Belcher's claims.
On December 11, City Council voted unanimously (8-0) to approve the agreement. The
adopted Council resolution incorporates all the elements the JWN and nearby residents
had sought.
You can also listen to a discussion of the agreement on KOPT radio between Paul
Conte, JWN co-chair, and Ron Blacquiere, the owner's son and representative.
If you have any concerns about the Council resolution or any other aspect of this M-37
claim or the CSAZ standards, please contact the JWN Chair.
Here's a really encouraging example of what neighborhood residents and a property
owner with real integrity and appreciation for the neighborhood can accomplish.
The short story
The family that owns the lot and four apartments at 1333 W. 10th Ave. wanted to build a
small, single-family home on a vacant part of the lot that's adjacent to the street.
Because this lot is in the Chambers Special Area Zone (CSAZ), the lot already had more
units than the maximum of three allowed by the new S-C/R-2 standards.
The property owners, nearby residents, and JWN co-chairs worked together quietly over
the summer of 2006 to come up with a solution that's a "win" for the neighborhood, a
"win" for the owners, and a "win" for the City.
Because this is the only lot in the CSAZ with existing development off the street and a
large vacant area on the street (which creates a "missing front tooth" appearance),
nearby residents agreed that a small house that met all the S-C/R-2 standards would
increase the stability of the block and would improve the character of that area. Thus,
residents didn't have to compromise any of their goals for the CSAZ by agreeing to
support the owner's request. Under the legal agreement that was signed, the owners
are bound to comply with the S-C/R-2 standards.
The City "wins", too, because this is Eugene's very first residential M-37 claim; and the
agreement between owners, adjacent residents, and the JWN neighborhood
association establishes a "model" for responding to future residential M-37 claims.
City Council agreed with us and unanimously (8-0) approved a resolution based on the
agreement between the residents and the owner.
Details
The subject property is in the middle of the north side of the 1300 block of W. 10th Ave. It
includes the vacant area that abuts the street and the two apartment buildings (four
dwelling units) and parking in the rear of the lot. This property does not include the green
bungalow at 1331 W. 10th Ave. The driveway to the apartment's parking lot is across an
easement on east side of the green bungalow.
In simple terms, the owner of 1333 W. 10th Ave. filed a claim because the "Chambers
Special Area Zone" (CSAZ) development standards that City Council adopted in
December 2005 would not allow an additional dwelling unit to be built on the property.
The property already had four units and the CSAZ standards limit properties this size to
three units.
The CSAZ establishes a new set of flexible and reasonable standards that prevent the
type of over-built, poorly-designed, and badly sited "infill" that has caused major
degradation of our neighborhood. The CSAZ standards were developed during a public
process in 2004-05 that lasted over sixteen months and involved many residents in this
immediate area. It is vitally important to the health of our neighborhood that these
standards not be undercut in any way, including by City action in response to a M-37
claim.
Fortunately, your neighbors have taken action to successfully prevent any weakening of
the CSAZ standards as a result of this M-37 claim.
Over a period of four months, nearby residents and the co-chairs of the neighborhood
association (Jefferson Westside Neighbors) worked with the owner's representative to
reach an agreement that will further the purposes of the CSAZ. Because of the unique
configuration of the lot and previous development on the rear of the lot, the vacant area
on the street appears as a "missing tooth" amidst a row of modest single-family houses
in the 1300 block of West 10th Avenue.
Under the agreement, the owner will be allowed to build one detached, single-family
house in the vacant area of the lot, and this new house must meet ALL development
standards in the CSAZ, including building height, setbacks, etc.
By filling the existing gap on West 10th Avenue with residential development that
advances the desired characteristics of the CSAZ, 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.
We emphasize the agreement is not a "compromise" – the outcome will not result in any
development that doesn't meet the intended purposes of the CSAZ standards.
In order to allow the one new house, the M-37 claim had to be approved by City Council.
But the approval Council resolution (see Attachment A on page 3 of the Agenda Item
Summary) states that the unique configuration of the lot and previous development on
the rear of the lot, along with the requirement that the house meet all CSAZ standards,
are the basis for approving the claim. This will ensure the owner fulfills their obligations.
We've also worked closely with the Goal One organization to make sure the agreement
will not establish any precedent that would support other M-37 claims in our
neighborhood. We and the Goal One attorneys are confident the agreement achieves
this outcome.
Council action
On November 20, 2006, City Council held a public hearing on the resolution. City staff
recommended approval. (Read staff report.) Nearby neighbors, the JWN co-chairs, and
the owner's representative testified in support of the agreement.
The only person who opposed the agreement during the hearing was Planning
Commissioner Jon Belcher, who had been the only commissioner to vote against the
CSAZ when it was considered in 2005. The JWN co-chairs responded with a letter to City
Council rebutting Commissioner Belcher's claims.
On December 11, City Council voted unanimously (8-0) to approve the agreement. The
adopted Council resolution incorporates all the elements the JWN and nearby residents
had sought.
You can also listen to a discussion of the agreement on KOPT radio between Paul
Conte, JWN co-chair, and Ron Blacquiere, the owner's son and representative.
If you have any concerns about the Council resolution or any other aspect of this M-37
claim or the CSAZ standards, please contact the JWN Chair.
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Jefferson Westside Neighbors