9.24.2018 City Council Meeting Minutes

Home Browse Search

3. ACTION: A Resolution Granting a Measure 49 Claim and Waiving a Provision of Chapter 9 of the Eugene Code, 1971 for Property Located Adjacent to 70 West 246 Place, Eugene, Oregon (Assessor's Map 18-03-06-42, Tax Lot 2700) City Manager Jon Ruiz introduced the Measure 49 claim and summarized what happened at the last City Council meeting regarding this item. Assistant Planner Dan Lawler and Senior Planner Gabe Flock were available for questions. Council Discussion • Both sides have reasonable arguments; ultimately the use of the property is not being altered. • Intend to bring a work session poll about revisiting the maximum building size on alley access lots. • Guidance requested on how to think about the word "use" in this case. • Questions asked about the appraisal determining the highest and best use of the property. • The City changed the conditions under which the property owner could build ; a waiver is a reasonable thing to grant in this case. • Questions asked about a testimonial concern that if council approved this Measure 49 claim it would cause a proliferation of similar claims and whether that would be a reason to deny this claim. • This seems like an actual restriction on the property owner as she is now unable to create a modest home that can house a family. • Measure 49 is a poorly crafted law; this is a one-off type exemption request that is reasonable and should be granted. • Questions asked about time restrictions on filing Measure 49 claims. • Granting this claim would be the fastest way to fix the problem, but not the right way. • Granting this claim would not be in line with the intent of Measure 49. • Questions asked about the difference between a restriction and prohibition of residential use. • Clarification requested about what the consequences would be of a "no" vote and results of a "yes" vote. MOTION AND VOTE: Councilor Clark, seconded by Councilor Taylor, moved to adopt the Resolution Granting a Measure 49 Claim for Property Located adjacent to 70 West 24th Place, Eugene Oregon. FAILED 3:4, Councilors Zelenka, Syrett, and Pryor in favor. MOTION: Councilor Clark, seconded by Councilor Taylor, moved to adopt the Resolution Denying a Measure 49 Claim for Property Located adjacent to 70 West 24th Place, Eugene Oregon (Assessors Map 18-03-06-42, Tax Lot 2700). Council Discussion • Clarification requested about whether adopting the resolution on the table would mean that the City would have to pay the property owner's claim. VOTE: PASSED 4:3, Councilors Zelenka, Syrett, and Pryor opposed. The meeting adjourned at 9:01 p.m. Respectfully submitted, Elena Domingo Deputy City Recorder Link to the webcast of this City Council meeting: here. MINUTES — Eugene City Council Meeting September 24, 2018 Page 2