08/10/1953 Meeting - Laserfiche WebLink

Home Browse Search

r--4 4 8 j e -- - ( A ) THAT THE STRICT APPLICATION OF THE PROVISIONS OF THE ZONING ORDINANCE I TO A PAR.T I CULAR PROPERTY WOULD RESULT IN PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS NOT REQ'U I RED BY THE GENERAL PURPOSE AND INTENT OF THE ORD I NANCE. ( B ) THAT THE CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE SPECIFIC PROPERTY INVOLVED OR TO THE INTENDED USE OR DEVELOPMENT OF THE SPECIFIC PROPERTY I DO NOT REQUIRE THE REZONING OF THE ENTIRE AREA.' II ... , I (C ) THA T THE ." . -, ., -. . I GRANTING OF A VARIANCE Will NOT BE MATERIALLY DETRIMENTAL TO II THE PUBLIC WELFARE OR MATERIALLY INJURIOUS TO THE PROPERTY OR IMPROVEMENTS IN II SUCH ZONE OR NEIGHBORHOOD INWHICH THE PROPERTY IS lOCATED. UNDER THE EXISTING ORDINANCE THE COUNCIL MAY PERMIT AND AUTHORIZE VARIANCES FROM II THE RESTRICTIONS COVERING USE OF PROPER'TY IF THE COUNCIL FINDS: I I I ( A) THAT THERE ARE EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES OR CONDITIONS APPLI CABLE TO THE PROPERTY INVOLVED, OR TO THE I NTEND8D 'USE '-Of THE PROPERTY, THAT I DO NOT APPLY GENERALLY TO THE PROPERTY OR CLASS OF USES I N THE SAME ZONE SO THAT e A DENIAL OF THE PETITION WOULD RESULT IN UNDUE PROPERTY lOSS, AND I ( B ) THAT SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF II A PROPERTY RIGHT OF THE PETITIONER, AND ALSO I, '" I ( C ) THAT SUCH VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE OR I CONVENI ENCE, NOR INJURIOUS TO THE PROPERTY OR IMPROVEMENTS OF OTHER OWNERS OF I PROPERTY. 1 , " il I TWAS FEL T THAT THIS CHANGE I N THE METHOD AND THE CONDITIONS UNDER WHICH VAR I A.NCES II MIGHT BE ISSUED WOULD PROVIDE A MORE WORKABLE INSTRUMENT FOR THE PRACTICAL APPLICATION OF PROPERTIES COMING UNDER THIS CATEGORY; THERE WERE MANY DIFFER- I' AND BEST USE HOWEVER, II ENCES OF OPINION IN THIS CONNECTION AND ~O RECOMMENDATIONS WERE MADE PENDING FURTHER !I STUDY. II I CONDITIONAL USES - I TWAS NOTED THAT THE PRINCIPAL OBJECTIVES WERE TO PROVIDE FOR II THE PROPER AND BEST USE OF ALL TYPES OF LAND AS SET FORTH I N THE SEVERAL SECTIONS ESTABLISHING THE IN SPECIFIC - .. .. . il RESPECTIVE ZONES. INSTANCES, IT MAY BE FOUND DESIRABLE FROM THE STANDPOI,NT OF PUBLIC INTEREST TO PERMIT CERTAIN USES I N ZONES OTHER THAN THE USES LISTED IN THE EXISTING ORDINANCE BECAUSE OF THE CHARACTER I STI C OF THE LAND OR THE !I I .- SIZE OF THE AREA REQUIRED FOR SPECIFIC OPERATIONS. A NUMBER OF CONDI TI ONAL USES ARE I SET UP IN THIS ORDINANCE WHICH COULD BE AUTHORI ZED IF THE COMMON COUNCIL FOUND THAT I : THESE USES WOULD NOT BE CONTRARY TO THE GENERAL PURPOSE AND I NTENT OF THE ZONING PLAN , , AND WOULD NOT BE MATERIALLY DETRIMENTAL TO THE CHARACTER OF THE DEVELOPMENT IN THE II NEIGHBORHOOD. IT WAS BROUGHT OUT; HOWEVER, THAT A GENERAL TREND IN COURT DECISIONS Ii HAS BEEN TO DISFAVOR ZONING LEGISLATION THAT PROVIDES FOR POSITIVE DISCRIMINATORY II ACTS ON THE PART OF THE COUNCIL. ! MORE SPECIFICALLY, THE COURTS HAVE RULED THAT HAVING SET A PARTICULAR USE WHICH I MAY GO INTO A PARTICULAR ZONE, IT THEREAFTER CANNOT DISCRIMINATE AGAINST ANYONE SO I I DESIRING TO LOCATE THE LISTED'TYPE OF USE BY STATING THAT IN THEIR OPINION IT WOULD II I UNDULY DETRIMENTAL TO THE OTHER USES WITHIN THE ZONE. IF CONDI TIONAL USES ARE TO BE GRANTED, THEN THE SPECIFIC CONDITIONS SURROUNDING SUCH USES SHOULD.BE I TEMI ZED SO Ii ~ :j THA,T IT CANNOT BE CLAIMED THAT THE POWER RESTS WITH THE ADMINISTRATIVE BODY OR THE COUNCIL TO CHANGE SUCH USES FOR ANY PARTICULAR INDIVIDUAL. I II IT WAS ALSO BROUGHT OUT THAT IN DEALING WITH EITHER VARIANCES OR CONDITIONAL :1 Ii USES, PROPER HEARINGS AND NOTIFICATION TO INTERESTED PROPERTY OWNERS SHOULD ALWAYS No RECOMMENDATIONS WERE PENDING FURTHER " II BE THE PROCEDURE. MADE STUDY. II e II IT WAS MOVED BY BOOTH, SECONDED BY GODLOVE THAT THE REPORT OF THE COMMITTEE BE RECEIVED AND PLACED ON FILE. MOTION CARRIED. Ii I 7 A REPORT OF THE PUBLIC WORKS AND FINANCE COMMI TTEES - RE: ADDING two NEW SECTIONS TO I: " ZONING ORDINANCE; ZONING CHANGES; CHANGE ORDERS FOR SEWAGE TREATMENT PLANT; BIDS FOR SANITARY I' SEWERS; EXCHANGE OF PROPERTY BETWEE,N CI TY, EUGENE WATER & ELECTRIC BOARD AND GLENN BYRNES; I I PREMATURELY CALLED BONDS WAS SUBMITTED AND READ AS FOLLOWS: I "A MEETI NG 'OF THE PUBLIC WORKS AND FINANCE COMMITTEES WAS HELD ON AUGUST 7, i 1953 WITH THE FOLLOWING PRESENT: MAYOR JOHNSON; COUNCILMEN CRUMBAKER, BOOTH, GODLOVE, i KOPPE, SIEGENTHALER, WATSON, CONE AND OWEN; CITY MA~AGERS KING AND FINLAYSON; CITY , I RECORDER; CITY ENGINEER AND CITY ATTORNEY. I , I . AFTER FURTHER STUDY OF THE PROPOSED ADDITION OF THE NEW C-3P AND C-R CLASSIFICATION TO THE COMPREHENSIVE ZONING ORDINANCE, IT WAS RECOMMENDED THAT THE FOLLOWING PROCEDURE I I BE ADOPTED: e ~