10/03/1994 Park Board Packet - Laserfiche WebLink

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i SEP-29-�1994 08:46 NAC 612 595 9831 -_. P.05 08 D. The U.S. Supreme Court has recognized two categories of regulatory action that constitution compensable takings without a case-specific inquiry or balancing of public and private interests. Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886, 2893 (1992) . The first occurs when regulations compel owners to suffer physical invasion or occupation of their property. The second occurs when the regulation "denies all economically beneficial or productive use of land. " II. The Dolan Case. A. Dolan,v. City.....of ._Tigard, S.Ct . (62 Law Week 4576 (decided June 24, 1994) B. Dolan challenged the decision of the Oregon Supreme Court which held that the City of Tigard could condition the approval of her building permit on the dedication of a portion of her property for flood control and traffic improvements. The State of Oregon enacted a comprehensive land use management plan in 1973 . Pursuant to state requirements, the city developed a comprehensive plan which it called its community development code (CDC) . - CDC requires property owners in the area zoned central business district to comply with a 15 per cent open space and landscaping requirement which limits total site coverage including all structures and paved parking to 85 per cent of the parcel. It also requires that new development facilitate this plan by dedicating land for pedestrian pathways where provided for in the pedestrian/bicycle pathway plan. C. Dolan owns a plumbing and electric supply store located on Main Street in the central business district of the city. The store covers approximately 9, 700 square feet on the eastern side of a 1.67 acre parcel which includes a gravel parking lot. Fanno Creek flows through the southwestern corner of the lot and along its western boundary. D. Dolan applied to the city for a permit to redevelop the site. Her proposal plan calls for nearly doubling the size of the store to 17, 600 square feet and paving a 39-space perking lot . The existing store located on the opposite side of the parcel would be razed in sections as construction progressed on the new building. In the second phase of the project, she proposed to build an additional structure .on the northeast side of the site for complementary businesses .and to provide more parking. 2 .