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<br />Council q~amber
<br />Eugene, Oregon
<br />April 12, 1971
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<br />Regular meeting of the Cornmon Council of the city of Eugene, Oregon was called to order by His Honor
<br />Mayor Lester E, Anderson at 7:30p.m. on April 12, 1971 in the Council Chamber, with the following
<br />Councilmen present: Messrs. Teague, Mohr, McDonald; Mrs., Beal; Mrs.. Campbell and Mr. Hershner, Mr.
<br />Gribskovand Mr. Williams were absent.
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<br />I. Appointments - Mayor Anderson announced appointment of Councilman Tom Williams as chairman of
<br />a committee to analyze and ,review the Black Community. Survey and ma~e recommendations for implemen-..
<br />tation of the results to. the City Council. To serve with him, Mayor Anderson appointed Councilmen
<br />Campbell and Hershner and the follo.wing members of the Human Rights Commission: Dean Owens,
<br />Larry Carter, Erwin Juilfs and Ann Woeste, and former Commission member Bruce McKinlay, who
<br />acted as supervisor of th~ Survey. He asked City Manager McKinley or a member of his staff
<br />to sit with the Committee.
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<br />II. Legislation
<br />A. S,B, 429, authorizing Governor to take emergency action to limit or prohibit an air pollution
<br />source in case of serious. inversion. Councilwoman Beal read a statement in support of this
<br />bill to the Senate Committee on Environmental Affairs. She said that periods of heavy
<br />inversion could be dangerous to the health and safety of citizens, and that the Bill has
<br />support of the Regional Air Pollutio.n Authority and Department of Environmental Quality,
<br />Mrs. Beal felt it was a necessary bill.
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<br />After the statement was read Mr, Teague moved seconded by Mr. Mohr to approve the statement
<br />and forward copies to the Environmental Affairs Committee. Motion carried.
<br />B, S.B, 708, authorizes ~stablishment of regional correctional facilities for misdemeanants
<br />operated by counties or cities or by corrections division, upon agreement with counties
<br />or cities, and authorizes establishment of a 50/50 maximum matching fund agreem~rit between
<br />the Division and counties and cities. Manager has discussed this bill with the:';C~unty
<br />Administrator and it is felt this might present an alt~rnative to some of the operational
<br />problems of the jail facility, and that such enabling legislation should be supported,
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<br />There was some Council discussion about the matching fund agreement. Mayor Anderson
<br />suggested 'that the bill be supported.
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<br />Mr. Teague moved seconded by Mr.. Mohr that the Council authorize endorsement of S ,B, 708,
<br />Motio.n carried,
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<br />III.
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<br />Public Hearing, Appeal from Zoning Board of Appeals Decision re: Duplexes in Monta Vista Park
<br />This problem arose from a request for Vacation pf a portion of City View from Shields Avenue
<br />north to 28th Avenue which was denied. Mr. Shields requested and was issued building permits
<br />to build duplexes on two corner 10,ts. Residents of the neighborhood appealed issuance of
<br />building permits for duplexes on these lots to the Zoning Board of Appeals, asking that the
<br />building permits be withdrawn on the basis that this was not toe purpose for which the lots
<br />had been planned. An appeal has now been made by the. holders of the suspended buDding permits,
<br />Mr, Shields and Mr, Scheid.
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<br />Mr. Larry Cooley, 140 South Park, said he represented Messrs, Sh~elds and Scheid. He presented
<br />as reasons for the request for denial of the appeal the following:
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<br />1. The lots in question clearly are "corner lots" and thereby qualify under the Eugene
<br />Zoning Ordinance for use as duplex dwelling lots and the decision of the building
<br />department to issue building permits was correct,
<br />2. That issuance of building permits by the building department .was not in violation
<br />of the intention of good planning nor inconsistent with the intent of the zoning
<br />ordinance.
<br />3. That the decision of the zoning board of appeals is an exercise of power not
<br />granted to the Board in Article 27 of the Zoning Ordinance,
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<br />Mr. Cooley said that the old Hovey Road is unquestionably a dedicated street, although there
<br />may be some question who owns the &reet. He said that, because the lot complied with regulations
<br />of the zoning ordinance, the building department felt obligated to issue a permit for construc-
<br />tion of a duplex, He felt the basis used by the zoning board of appeals that duplexes on
<br />these lots would not be good planning was not a correct basis and should not be a reason for
<br />denying the permits.
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<br />Mr. Cooley stated that the zoning board of appeals power is limited to granting variances.
<br />He said this was a unique situation, and there was no appeal from it, and that the effect
<br />would be that the zoning ordinance could no longer be depended upon,
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<br />Mr, Robert Elfers, 2252 West 29th, said he owned property adjacent to one of the lots in question,
<br />He distributed a memo from thirty property awners in and adjacent to. Monta Vista Park Subdivisian
<br />setting forth the following:
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<br />A. Legally the lats do. not qualify as carner lots because a county raad was never
<br />legally established in 1911 and 1912; no street in this area was surrendered by
<br />the County or accepted by the City. '1<, !
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<br />4/12/71 - 1
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