08/08/1983 Meeting (2) - Laserfiche WebLink

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Councilor Schue moved, seconded by Councilor Obie, that the bill be approved and given final passage. Ro 11 ca 11 vote. All Coun- e cilors present voting aye, the bill was declared passed and numbered 19169. III. CONSIDERATION OF MINUTES AND FINDINGS OF THE HEARING PANEL HELD JULY 18, 1983, RE: APPEAL BY JERRY BERGER, 2180 HAYES STREET. FROM A DECISION OF THE ZONING BOARD OF APPEALS TO UPHOLD THE BUILDING OFFICIAL'S DETERMINATION THAT AN AUTOMOTIVE REPAIR BUSINESS IS NOT A CATEGORY OF USE INTENDED TO BE PERMITTED AS A HOME OCCUPATION UNDER SECTION 9.494 OF THE EUGENE CODE Councilor Wooten declared a conflict of interest because of property ownership. but said that she had some general comments on the issues involved. and asked when she could make these. Mr. Sercombe. City Attorney's office. stated that she would not have a conflict of interest if Councilor Wooten wished to partici- pate in a discussion of the general topic of a possible revision of the Home Occupation Ordinance after a determination had been reached in this particular case. Councilors Hansen and Obie indicated that they did not wish to discuss the broader issues at this time. and suggested that Councilor Wooten might wish to schedule a discussion at a later time. Councilor Lindberg declared ex parte contacts with both sides, and stated his intention to participate. Councilor Schue clarified the process, stating that it would take a two-thirds majority vote of the City Council to overturn the decision of the Hearing Pane 1 . e Mr. Gleason introduced Larry Reed. Assistant Superintendent of Building Inspec- tion, who gave the background to the case and reviewed staff notes. He said that he was addressing only the one issue at this time. namely whether Mr. Berger's automotive repair business was beyond the scope of the Home Occupation Ordinance. The Council Hearing Panel had denied Mr. Berger's appeal. although for different reasons than the Zoning Board of Appeals. Councilor Obie commented that a lot of time had already been spent on this issue. adding that it had been thoroughly investigated and that Mr. Berger had had a fair hearing. Councilor Schue moved. seconded by Councilor Obie. to adopt the minutes and findings of fact of the Hearing Panel held July 18. 1983, denying the appeal. Ro 11 ca 11 vote. The motion carried unanimously. with Councilor Wooten abstaining. IV. RESOLUTION INITIATING THE GLENWOOD JURISDICTIONAL STUDY Mr. Gleason introduced Terry Jones, Planning Department. who reviewed the background of the study. noting that the same resolution was being presented to the City of Eugene. the City of Springfield, and Lane County. She indicated that the proposed membership of the task force would be two City Councilors from Eugene and two from Springfield. one County Commissioner. and one representative of the Glenwood Community Organization, with a second community organization e MINUTES--Eugene City Council August 8, 1983 Page 3