Friday, May 19, 2006

Measure 37...Changes in Claims Process

Mary A. Tinkler - Real Estate Broker
Shattuck & Co. Real Estate, Inc.
Gresham, Oregon
www.marytinkler.com


The following is information from the Clackamas Co. Board of Commissioners regarding changes in Measure 37 claims process.

May 18, 2006

Board of County Commissioners
Clackamas County

Members of the Board:

UPDATE ON MEASURE 37 CLAIM REVIEWS AND ADOPTION OF A CHANGE IN THE CLAIMS PROCESS

Update on Measure 37 Claims

Clackamas County received its first Measure 37 claim on December 2, 2004. Measure 37 requires a decision within 180 days of receipt of a claim. As of May 4, 2006, Clackamas County has received 383 Measure 37 claims. The Board of County Commissioners has held 22 public hearings, to review claims. A final decision has been made for 188 claims.

The County was precluded from accepting or processing claims while the McPherson case was being considered. Since the Supreme Court decided McPherson, the Board reviewed claims on March 29, April 12, April 26 and May 10. As many as 37 claims were reviewed (April 26); the fewest reviewed were 30 (March 29).

In most cases, there are state laws that also restrict use of property. Claimants therefore must have claims reviewed by the state, as well as the County. Review of specific development proposals occurs after decisions have been made on both state and local claims. Development proposals follow the normal County land use process. Eleven land use applications based on Measure 37 claims have been filed, as of May 4, 2006.

Almost all claims have asked to create additional lots and develop single family dwellings on these lots. Very few claims involve property within the Urban Growth Boundary. The majority of claims involve property zoned Exclusive Farm Use.

Measure 37 did not establish a process for review of claims. Clackamas County chose to provide extensive opportunity for public review and participation. Notice of all claims is provided to Community Planning Organizations (“CPOs”) and property owners within 500 ft. of the subject property. Notice also is given to affected cities. A roster of claims is available on the County’s web site. Agendas also are provided to newspapers for publication. The opportunity for a public hearing is provided for each claim.

Few of the claims receive written comments from neighbors, cities or CPOs. Testimony at public hearings has been limited, and most frequently has been provided only by claimants. A Measure 37 claim is very different from the typical land use application. Community concerns regarding impacts from development generally are not relevant to resolution of a claim. Ownership history is usually the most critical issue for determining a claim’s validity. The questions for a Measure 37 claim often include very technical, legal considerations. This may explain the lack of public participation in the claim process.

Amendment to the Claims Process

The County is proposing a minor change in the way claims are processed. The change would require a formal, public hearing only in those cases where someone asks for a hearing. The request for a hearing can be made in writing or by appearing at the public meeting held by the Board to consider specific claims. If a public hearing is not requested, the Board may adopt the staff report as its decision as part of the consent agenda for the public meeting. If a public hearing is requested on a specific claim, a public hearing will be scheduled at a subsequent date.

The extensive public notification process previously discussed will continue. This change is being suggested in an attempt to process claims more efficiently, without limiting the opportunity for comments by claimants or interested parties.

RECOMMENDATION

1. Continue the current notification process for all claims; and
2. Amend the process to allow the Board of Commissioners to adopt decisions by consent at a public meeting, unless a public hearing has been requested.

Your favorable consideration is requested.

Sincerely,

Doug McClain
Planning Director


Your comments welcome n this web-log!
Scroll down or click on articles to the right for other local issues....we want your opinions!

Mary A. Tinkler - Real Estate Broker
www.marytinkler.com

Sunday, May 14, 2006

Damascus discussion....your opinions wanted!

Mary A. Tinkler - Real Estate Broker
Shattuck & Co. Real Estate, Inc.
Gresham, Oregon
www.marytinkler.com


This is an open forum....your feedback, questions, opinions and ideas are wanted! Have a look at some previous posts in the right column.


We read and see so much in the media about real estate trends and values. What about urban growth concept plans? I can tell you from the point of a working real estate broker, not everything they say is on target. Since I am one of the workers on the "front lines" I see and feel changes in the market way before they get reported on. I can often gage the influence the main line media has on real estate 'consumers', just from some of the questions they ask, or comments they make. In this blog I will talk about some of these changes, and other subjects of interest to those who consider their real estate holdings and investments....their homes!....to be of critical importance.


There is a LOT of media reporting on development of the Urban Growth Boundary in our part of Oregon. But you don't see much detailed public opinion about it....a letter to the editor here....a sound bite there. I'd like to hear more about what individual persons think about how our community is coping with growth, and current affairs in general.


It seems we could really use this limitless public venue.....a BLOG for community issues, where anyone can voice their opinions and concerns, and throw out a few new ideas. Short of publishing character assassinations, obscenities, or private information about non-public citizens.....I will post your comments and opinions. Even if they do not agree with mine. I will not post comments that contain information that can be documented as erroneous or untrue. I will not allow perpetration of scare tactics. I will screen for any fair housing or other discrimination statute violations.....you cannot break the law here.

It is my hope that you will use this BLOG for communication of thoughts, ideas and community events for worthy causes. Having a fund raiser? Need help or information? Post it here! Consider this blog another bulletin board for your free use.


After 14 years in this business I have success stories, funny stories, heart-warming stories, and a (thankfully) few horror stories and mysteries. Some of these I will be able to share with you....... others I can't even change the names to protect the not-so-innocent. Working with so many different kinds of clients from the 18 year old who was buying her first home with her own cash, to the empty-nesters who down-sized from a Mc-mansion (the media's term, not mine) to a 1,200 square foot condo, I have learned there is a fine line between emotion and business when buying or selling your home. Family fidelity, and family feud can be a short heartbeat apart.


As I progress with this blog I intend to bring a lot of information about things having to do with real estate laws, ethics, trends and traps. But whenever possible I will also tell you the more personal side of helping people with their most valuable assets. I will occasionally rant about a pet cause or a favorite charity or non-profit, or some sort of collective pet peeve of injustice that is effecting Americans and Oregonians. Stay tuned.....and join in.


Mary A. Tinkler - Real Estate Broker
www.marytinkler.com

Wednesday, May 10, 2006

New Damascus...an Urban Growth Legend?

Mary Tinkler - Real State Broker
Shattuck & Co. Real Estate Inc.
Gresham, Oregon
This is an open forum..... your feedback, opinions, and ideas are wanted!
Expansion and development of Damascus and Boring. For years we've known it was coming. We were told years of study and planning were needed. Years were taken. Now we have proposed plans to theoretically take us through the paces of urban growth for the next 20 years or more.
Whether you like it or not there will be development, and a lot of new housing areas in the Damascus /Boring area. If the new City of Damascus does not accept and adopt a plan in a timely manner, METRO and Clackamas County will take steps to ensure new zoning will be implemented. The lack of buildable land all across our region continues to drive up the price of all housing. We all want our own children to be able to be homeowners one day. So we're going to need more new homes.
What has amazed me most is the number of residents in the Damascus/Boring area that really have very little knowledge of what sort of zoning has been proposed for their specific property location. In October some 800 people showed up for the official unveiling of the Damascus Boring Concept Plan with all the "hybrid" maps, and the cattle-drive shuffling of groups of persons from room to room.....with little time for comment or discussion.
More recently a group of anti-growth organizers rented space at East Hill Church in Gresham, and some 300 persons showed up. The April Observer reported that not all the information the speakers dispensed was completely true, and ran a story clarifying several important points. News reports said there was not time for much comment or discussion at this event either, and all discussion ended when the Gresham Police were summoned.
So, even assuming (most likely erroneously) none of the persons at these two meetings were at both....that's 1,100 folks with strong opinions on the issue of urban growth........what about the rest of the stated 12,000 people that live in the effected area?
I'd like to hear from you. Your opinions are wanted! Do you have all the information you want or need regarding what will happen to your property? Are you happy or upset with the progress made so far? How do you think the planned growth will effect you & your family....good or bad? Do you think the desirability and value of your property increase or decrease when new zoning takes effect? I have some clients who feel they are in limbo.......unable to plan ahead, or make any sort of move while this long re-zoning project lumbers on and on in the planning stage. Do you feel that way?
Blog me; email me....I'd like to hear your thoughts.

Tuesday, May 02, 2006

This house is just too much work!

Mary A. Tinkler - Real Estate Broker
Shattuck & Co. Real Estate Inc.
Gresham, Oregon
www.marytinkler.com

This is an open forum....your feedback, opinions, and ideas are wanted!

I’m what they call a Boomer. That means is that I have reached an age where, though I might grouse about some of the aspects of growing older (you notice I did not say “old”), I savor the glimpses of understanding that experience has brought me. I can appreciate some of the unanticipated nuances that come with the territory. Like the weird and unexpected way I become invisible to store clerks (sorry, I mean sales assistants) as their young eyes scan past me to the distance for customers who might want their hovering help. (I'm finally used to being called Ma'am.) Or the fact that I can simply accept that there are certain things I will no longer feel lazy or guilty about not doing. Like climbing ladders, carrying really heavy boxes, or changing tires. Or camping…...these days it just isn’t camping unless it has room service. I never did understand the grueling days of prep and outlay of dollars, to carry half of what we owned out into the woods to enjoy nature, along with everyone else from town who had the same idea.

There is ample statistical evidence that we Boomers make up a large segment of the population, that we are aging, and changing our lifestyles accordingly. (Although it seems to me everyone I see on the street is younger than me!) We Boomers are marketed to by almost every area of commerce, and when politics are on the menu, the politicians never forget to target us with their mixed messages. Rarely a day goes by that, as a member of AARP, I don’t receive some mail from them….usually selling something. Ah……you too, huh? Although I am years away from retirement (maybe never!) or any sort of government subsidized medical care I get solicitations from supplimental insurance companies, mortuaries, vitamin venders, and time-share vultures who know darn well my time is looking more finite than it was 20 years ago. I get ads for lawn tractors and wood chippers, so they must have figured out I have a big yard. I already own this yard toy stuff. The problem is getting my less-than-motivated derriere outside during my 'down' time, to get the big jobs that need those big tools, done. Whatever happened to lazy days off? As my mother used to say...."I feel myself slowing down".

Marketing experts love Boomers and Seniors because they know we have buying power….well not all of us, but a lot of us do. (A lot more of my buying power is going to buy gas these days.....Realtors need to be on the move.) But do marketers really know what we need? Like time to rest, and respite from worrying about what is not getting done, and what comes next. (I really don’t want to dwell on mortuaries, but somebody must, or they wouldn’t keep sending those brochures.) I’d like to spend more time enjoying a less complicated life…..I need to simplify. You see, the more I have, the more I have to take care of, and the end result is a couple of good sized sheds and an attic filled with boxes of things I haven’t looked at or needed (apparently) in years. And every time I blink there is a room that needs painting, a roof to re-shingle & gutters to clean…...and I don’t climb ladders, remember?

This house is just too much work! But so far it hasn’t presented any dangers to me.

But someday it will. Recently I met a delightfully bright and still curious couple in their 80’s. I can tell you I really enjoy talking to them, so broad are their interests, and so intelligent and well-considered are their views on the world. They own a huge house on 3 acres that has, over the past few years, simply got away from them. The physical upkeep is just too much. They need meds that dictate neither can drive anymore. And they recognize that, much as they have loved it, this home is no longer a safe or wise place for them to stay. I’d have to agree they are at risk.

The National Association of Realtors recently posted a simple check list to help guide you or your elderly loved ones through the decision making process…to help assess the situation.

1. Does the home provide the best environment for physical needs?

2. Are the occupants isolated from friends and family because of an inability to maintain the home has left it in disrepair?

3. Is there a problem with finding or affording workers to take care of maintenance?

4. Are finances keeping the occupant(s) from enjoying the home they’ve loved for so many years?

5. Do they feel they have adequate security, and access to needed care where they are now?

If the answer is yes to one or more of these questions, this may be time for a 'healthy change' of residence. Simplicity might be the spice of life.

Mary A. Tinkler – Real Estate Broker
www.marytinkler.com

Monday, May 01, 2006

Work close to home....Jobs in Gresham, OR

Mary A. Tinkler - Real Estate Broker
Shattuck & Co. Real Estate, Inc.
Gresham, Oregon
www.marytinkler.com

This is an open forum....your feedback, opinions and ideas are wanted!

Surely everyone would like a job that's a short distance from home. Especially now that gas prices are eating into household budgets. But are there enough jobs, and is there enough of an employment balance for our community to survive and thrive.....and grow the value of our real estate holdings?

The link below is a few years old, but I live in Gresham, and I can tell you not much has changed when it comes to employment........except for the advent of cluster/condo housing along the light rail lines and trendy restaurant and shopping areas of the new "Civic" area of town. This might work minimally to sustain the services and retail industries, for those who can live in Gresham and commute to their more urban jobs via MAX light rail. If the cost of gas continues to rise, and no significant employment growth occurs....We will need more park and ride facilities for those who must commute outside our area for an income.

http://www.ci.gresham.or.us/departments/cedd/cp/demographics/trends-winter02.pdf


Mary A. Tinkler
www.marytinkler.com