New Search
Y <br /> MEDLIN Johnny R <br /> From: COREY Kurt A <br /> Sent: Monday, February 21, 2005 3:31 PM <br /> To: TAYLOR Dennis M <br /> Cc: MILLER Dawna A; COYLE Tom G; MEDLIN Johnny R; MCKERROW Mike J; MILLER Marsha <br /> A; NYSTROM Steven A <br /> Subject: RE: Neighborhood Structure a Hazard <br /> The following response is a compilation of the respective involvement of PW and PDD staff <br /> in this issue: <br /> Ansen Berg, the owner of the vacant house referenced in the correspondence, applied to <br /> PDD for and received a permit to move a house to an R -1 (Low Density Residential) lot at <br /> 1565 Jefferson Alley in November, 2002. During the review of the foundation permit <br /> application, Mr. Berg learned that although the resident of the previous dwelling accessed <br /> the property from the City park property to the west, this was not a legal access to the <br /> site and not a situation we wished to perpetuate. The actual legal access would be via the <br /> alley which, unfortunately, is unimproved and has been encroached upon by adjoining <br /> neighbors. In addition, he discovered an adjoining neighbor's sewer line running through <br /> the middle of his lot. Staff identified these and other issues, provided options for <br /> resolving them, and during the next several months, contacted Mr. Berg to encourage him to <br /> resolve them. <br /> In August, 2003, Land Use staff received a complaint about the house being stored on the <br /> lot. Since Mr. Berg had not yet resolved the previously identified issues, a correction <br /> order notice was sent to him. The property was fenced, house boarded up, and signage <br /> placed at the site to comply with the house move permit conditions of approval. In <br /> addition, a short deadline was established to submit an application to Public Works for a <br /> temporary surfacing permit (to provide access via the alley) and to resolve all other <br /> issues so that the foundation permit could be issued. Mr. Berg contacted staff soon after <br /> and explained that he was engaged in discussions with Public Works /Parks & Open Space <br /> staff hoping to access the site from the park property. His foundation permit expired in <br /> November, 2003 although Mr. Berg continued his efforts to resolve the problems with the <br /> site. <br /> In August, 2004, another complaint was received and a subsequent correction notice was <br /> sent to Mr. Berg who then applied for a new foundation permit. Shortly thereafter, he also <br /> attended a Jefferson /Westside Neighborhood meeting and, with the support of the neighbors, <br /> requested additional assistance resolving his legal access issues. Mr. Berg has since been <br /> engaged in discussions with Public Works staff in an attempt to identify potential <br /> options. Civil penalties have not been issued to this point based upon the good faith <br /> effort to deal with a complex set of problems. <br /> The primary issue at this point is access. Providing unabated access through the adjacent <br /> park is not a good long term strategy for a number of reasons while access via the alley <br /> would disrupt the neighbors' encroachments and several trees. In recent discussions, Mr. <br /> Berg has been given several options including alley vacation and rededication along a more <br /> workable alignment, removing the house and selling the property, developing the existing <br /> alley, or purchasing a right -of -way easement from the City of Eugene through the existing <br /> park. <br /> Johnny Medlin has met with and worked with Mr. Berg and three of the neighbors who abut <br /> the alley as well as the manager of the Lane County Fairgrounds which also abuts the site. <br /> Brianna Jackson (author of the most recent e-mail) has not been part of those discussions <br /> as her property doesn't abut the alley but Johnny will follow up with her. The collective <br /> property owners' preferred option is apparently to vacate the existing alley and to <br /> purchase a new alley right -of -way that would be dedicated from along the easterly edge of <br /> the park and fairgrounds. This will involve a series of actions in addition to the alley <br /> vacation including negotiations with the respective parties for disposal of and <br /> acquisition of right -of -way, County Commissioner approval for the fairgrounds involvement, <br /> resolving the sewer line issue, etc. PW and PDD are doing what we can to move the process <br /> along including our current boundary survey efforts and providing Mr. Berg with the <br /> necessary vacation petition materials. It seems likely this solution can be made to work - <br /> 1 <br />