Order No. 2007-0006

 

1.                  On December 1, 2006, Shilo Inn Newberg, LLC, Newberg Hotel Corp., and Mark S. Hemstreet filed a claim for compensation under ORS 197.352 (Measure 37), for property at 501 Sitka Avenue, Yamhill County Tax Lot 3217DC 07107. 

 

2.                  Claimants seek waiver or non-application of land use regulations adopted after the date of acquisition, unless those regulations are less restrictive. In the alternative, claimants seek compensation in an amount in excess of $126,000.

 

3.                  The staff report on the above claim finds that the City has not enacted or enforced a land use regulation that restricts the use of the property in a manner that reduces its fair market value. Thus, no compensation or other action is warranted.

 

4.                  Claimants seek waiver or non-application of land use regulations “unless those regulations are less restrictive.” The staff report shows that the regulations adopted since acquisition by the owner are less restrictive. Thus, no waiver or non-application of land use regulations is warranted.

 

5.                  On May 7, 2007, the Newberg City Council held a public hearing to consider the claim.

 

 

1.                  The claim for compensation filed on December 1, 2006 by Shilo Inn Newberg, LLC, Newberg Hotel Corp., and Mark S. Hemstreet , for property at 501 Sitka Avenue, Yamhill County Tax Lot 3217DC 07107, does not meet applicable criteria for compensation under ORS 197.352 (Measure 37), and thus compensation, waiver, or non-application of regulations is not warranted.

 

2.                  The findings shown in the City Manager’s report, which is attached as Exhibit A, are hereby adopted.