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Staff Report (91)
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Staff Report (91)
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Last modified
5/17/2010 1:07:01 PM
Creation date
10/30/2024 3:17:11 PM
Metadata
Fields
Template:
Land Use
Case_Number
06-259
Land Use Type
Measure 37
Document_Type
Decision
Additional Info
Staff Report
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(b) The challenged regulation was enacted or enforced after the applicant or a family <br />member, as defined in Ballot Measure 37, became the owner. <br /> <br />As noted in #7 above, applicant 7D Lands, Inc. never acquired an ownership interest in the subject <br />property (tax lot 800). Applicant SAD, LLC acquired an ownership interest in the subject property <br />on October 16, 2002 when the property was already zoned FT, according to Ordinance #580. <br />Under the FT zone a subdivision was not a permitted use. As such, the challenged regulation was <br />enacted prior to SAD, LLC owning the property. <br /> <br />Marion County Ordinance 1209, Section 8.1(b) is not satisfied. <br /> <br /> <br />(c) The challenged regulation restricts the use of the owner’s real property or any interest <br />therein, and no other regulation authorizes an exemption, variance, waiver or other <br />release from the regulation. <br /> <br />The applicants’ proposed use is restricted through the Marion County Rural Zoning Ordinance. <br />Under the property’s current FT zoning there are no other processes available that would permit the <br />use. <br /> <br />Marion County Ordinance 1209, Section 8.1(c) is satisfied. <br /> <br />(d) The restriction on the use has the effect of reducing the fair market value of the subject <br />property. <br /> <br />According to Section 3.13 of Ordinance 1209, a reduction in fair market value means the difference <br />in fair market value of real property, as it exists at the time a claim is made under Measure 37, with <br />and without application or enforcement of a land use regulation. The applicants submitted an <br />appraisal indicating that the property has a current assessed value of $213,000. The appraisal <br />further states if the property were divided into 5-acre lots each lot would have a fair market value of <br />approximately $225,000, for a total of $900,000. The applicants conclude the loss in value due to <br />zoning restrictions is approximately $687,000. However, as noted in (b) above, when applicant <br />SAD, LLC acquired the property it was already zoned FT. Therefore, it does not appear there has <br />been any reduction in value as the restrictive regulation was in place when the property was <br />acquired. <br /> <br />Marion County Ordinance 1209, Section 8.1(d) is not satisfied. <br /> <br />(e) The application for compensation was timely filed. <br /> <br />Under the provisions of Measure 37 applicants have two years from the date of a denial or the <br />effective date of the Measure to file a claim. The claim was timely filed on December 1, 2006. <br /> <br />Marion County Ordinance 1209, Section 8.1 (e) is satisfied. <br /> <br />(f) The applicant is the current owner. <br /> <br />Marion County deed records (Reel 2143; Page 82) indicate that SAD, LLC acquired title to the <br /> <br />
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