Hi Jessica,
When I responded previously I had asked if you had any original documentation from the sale of the home. I was hoping that you still had the papers from the sale, and that somewhere in there might indicate whether or not the property was zoned in accordance with its use.
After some more digging I did find an old comprehensive zoning map from 1996 (attached) in the water master plan. It’s a little grainy because it’s so old, but if you look closely you’ll notice the property is within the ‘CC’ zone, Central Commercial zone. This was 20 years ago. It sounds like when you purchased the home, the property was already zoned commercially. I don’t have any idea how this slipped under the rug when you purchased the home, but the City hasn’t performed any rezoning or comprehensive plan map amendments without a formal public process, rest assured.
Would you mind sharing the contact information for the realtor you’ve been speaking with? I want to make sure that they are knowledgeable of our zoning code standards and aren’t spreading misinformation to residents and potential buyers. We harbor no dual-use or mixed use zones, and want to ensure that individuals are receiving the proper information.
Thank you, and please let me know when other questions arise.
Nicolas Lennartz | Community Planner | City of Molalla
O: 503∙759∙0219 | C: 503∙998∙7048
communityplanner at cityofmolalla.com
117 N. Molalla Ave. | Molalla, OR 97038
"
From: Jessica Fitzgerald [mailto:JFitzgerald@fitzwatermeyer.com]
Sent: Thursday, July 14, 2016 1:59 PM
To: Dhuff@cityofmolalla.com
Cc: communityplanner@cityofmolalla.com
Subject: zoning issues and concerns
Good afternoon. My name is Jessica Fitzgerald and I have been a Molalla resident for 13 years. Recently we listed our home for sale and began the sale process. We were one week away from closing, when the appraiser for the buyer contacted the City and found out from the planning department that the City had rezoned our home (from residential to commercial – C1). We have since lost the sale and have been unable to sell to a new buyer due to the zoning.
I have contacted the planning department and I was informed that the rezoning happened many years ago and was referred to the zoning map. My husband come into the office for a definition of C1 because we were unable to locate that on the website. He was referred to Molalla Municipal Code 17.12.020 Land uses and development standards. This does not list C1 but CBD and we were then told that it was the same thing.
We were never given written notice of the rezoning, which it is my understanding is required. We had no ability to object to this, which we would have done so.
We have spoken to many friends and neighbors who are all affected by this zoning, many of whom have purchased their homes after the rezoning took place, and they were all either unaware of the commercial zoning of their property OR they were informed at the time of purchase that their home was zoned commercial/residential, meaning it could be either or. We my husband discussed this with the City Planner, he was told that there is no such thing.
Recently I spoke to an appraiser that handles Molalla and he informed me that there is dual zoning in Molalla and that our house should not be listed solely as commercial. He stated that there is a best use rule when evaluating a property. Is the best use for that property as a business or a residence, and would the cost to convert the property to commercial be more than what is reasonable. In addition, the Clackamas County Tax Assessor recently re-assessed our home less than a year ago as a residence.
As you can tell, I am more than a bit frustrated with this situation. We are out our buyer, which means we have economic damages. In addition, we run the risk of losing the new house in Molalla that we are looking to purchase. Our family has been put in a very bad situation and we need something to happen. In addition, there are many other families like mine who have no idea that this has happened to them. That is unacceptable.
Please contact me to let me know how we can handle this situation as quickly as possible.
Jessica Fitzgerald
Legal Assistant
FITZWATER MEYER HOLLIS & MARMION, LLP
6400 SE Lake Rd., Suite 440, Portland, OR 97222
Office: 503-786-8191 Fax: 503-786-3785
jfitzgerald@fitzwatermeyer.com / www.fitzwatermeyer.com
This e-mail message is a confidential communication from the Law Office of Fitzwater Meyer, LLP and may be subject to attorney-client privilege. The information contained in this electronic communication, and any attachments thereto, is privileged and confidential and intended solely for use by the addressee. Any other use, dissemination, or copying of this electronic communication is prohibited. If this was erroneously sent to you please notify us immediately at 503.786.8191 and permanently delete the original and any electronic or printed copies of this communication. Thank you.