From: Dan Huff
Sent: Thu Feb 22 10:56:06 2018
To: Gerald Fisher
Subject: RE: NOD
Importance: Normal
Yes, do not respond
From: Gerald Fisher [mailto:gfisher@cityofmolalla.com]
Sent: Thursday, February 22, 2018 10:52 AM
To: Dan Huff (Molalla) <dhuff@cityofmolalla.com>
Cc: Aldo Rodriguez (Molalla) <arodriguez@cityofmolalla.com>
Subject: FW: NOD
Dan,
FYI. You may want to send this to Chad. I am not going to respond to him as this decision has been made by the Planning Commission and the condition was upheld by them. Thanks.
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 | Direct: 503.759.0218
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From: jim taylor [mailto:jimt2177@gmail.com]
Sent: Thursday, February 22, 2018 7:25 AM
To: Gerald Fisher <gfisher@cityofmolalla.com>
Subject: NOD
Gerald.
I received the notice of decision from Aldo and see that he signed the report on February 14th whitch puts it one day days past the 120 day requirement of the notice. I believe but am not sure without checking with my attorney, that it makes the notice invalid and opens the City for a District court Case.
As you know from the conversations with Denise and I, that we have completed every condition that the City has ask us to do. We dedicated 25’ of our property at an approximate value of $150,000, had an oversized sewer main brought to the property for future development at a cost of $80,000, had the As Built for the sewer surveyed, mapped, and recorded for the City at a cost of $6,000, paid all SDC for the water hook up, and maintained the weed and berry’s on the drainage ditch for 15+ years.
This court case is going to be a loose, loose for both of us. The City is going to be out $30 to $50,000 in legal fees that I am sure they could be used for much better things than this. And Denise and I are going to be out at least six months more without the income on the property.
Gerald, I believe you are a good man and in your heart know this has gone to far. This property is the bulk of our income for Denise and I and all we ask from the City was to give us a Certificate of Occupancy for the rebuilding of a fire damaged building without Condition #2 (the waiver).
You and I both know that South Rd. (Lowe Rd) will not be built anytime in the near future and when it is there will be an LID formed and all of the property owners will then be involved in its construction. The burden should not fall on one property owner to construct half a street.
So Denise and I are asking you and Aldo to reconsider removing the #2 condition and give Denise and I a Certificate of Occupancy so we can lease out the property.
I know you believe in Commercial and Industrial growth and the value it has to a City. Urban Renewal funds come from this, not from residential. Four Corners Industrial Park is an important part of that and I hope that in the near future we can get it developed and have more employment in the City.
Denise and I want to thank you for taking the time to read this and hope we can move forward and put this behind us.
I will wait for your answer and except whatever division you and Aldo choose to make. This was to be a Type 1 application with NO impact to the City and has turned into a legal mess. This is about doing what is right, not about winning or losing as there are no winners except the lawyers.
Thank You. Jim and Denise Taylor
--
Jim Taylor