07/24/1972 Meeting - Laserfiche WebLink

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Council Chamber Eugene, Oregon July 24-, 1972 djourned meeting of the Common Council of the city of Eugene, Oregon - adjourned from the - eeting held July 10, 1972 - was called to order by Council President Fred J. Mohr (Mayor Ander- e' on arrived later) at 7:30 p.m. on July 24-, 1972 in the Council Chamber with the following other ouncilmen present: Mrs. Beal, Messrs. McDonald, Teague, Williams, and Bradshaw (arrived later). ouncilmen Hershner and Campbell were absent. - Public Hearings A. Vacation Center Wa~south of Martin Street (Brant Enterprises) Planning Commission May 22/23, 1972 recommended approval. Manager explained the vacation will permit re-subdivison of adjacent property and development under planned unit pro- cedures. The street was originally dedicated for subdivision under standard procedures. Council Bill No. 32 - Vacating Center Way 4-93 feet more or less south of Martin Street was submitted and read the first time by council bill number and title, there being no councilman present requesting that it be read in full. Mrs. Beal moved seconded by Mr. Teague that the bill be read the second time by council bill number only, with unanimous consent of the Council and that enactment be con- sidered at this time. Mrs. Beal moved seconded by Mr. Teague that the bill be approved and given final passage. Rollcall vote. All councilmen present voting aye, except Mr. McDonald voting no, the bill was declared passed and numbered 16576. . B. Appeal, Fence Height, 2080 Churchill Street (Schaaf) Manager explained that the appeal was submitted by Richard L. Schaaf, 2080 Churchill Street, who wishes to retain a five-foot high fence on the property line at his residence in violation of the zoning ordinance governing setback requirements in front yards. The request was denied by the Zoning Board of Appeals. Minutes of the-Board were read as was the letter of appeal from Mr. Schaaf. Mr. Schaaf said the fence in question is the same as existed when he moved to this house, except that he has moved it 20 feet closer to the street to allow additional yard space. Building Superintendent noted that the Code allows a maximum of 30-inch height for fences within the first 15 feet of yard space. Beyond that, a 6-foot high fence is permitted. Councilman McDonald questioned the difference between this situation and that at 12th and Garfield where there is the same type fence. Building Superintendent explained that fence was constructed prior to adoption of the present zoning ordinance. He went on to give the reasons for the setbacks in the present ordinance, saying the general idea of the Planning I Commission was; to preclude a wa'lled-street effect. ' In answer to Councilman Teague, Build- ing Superintendent said that to comply with the ordinance Mr. Schaaf would have to set the existing fence back 16 feet from the sidewalk. Mr. McDonald questioned the reasons for not allowing the fence at its present location . inasmuch as Mr. Schaaf purchased the property in order to take advantage of the yard space for his children and dog. . . . ~ . In answer to Councilman Mohr, Building.Superintendent said the violation 'dates back to August 1971. After extensive enforcement efforts by the Building Department, actual sign- ing of a complaint and conviction in Municipal Court, Mr. Schaaf came before the Zoning Board of Appeals. Mr. Schaaf called attention to houses in the same. general area,located within the setback area and said that there are no houses facing the street on which his fence is located. Dennis Miller, 3853 'Langton Street;, objected to"present location of the- fence', saying restrictions should have been noted prior to assumption of responsibility for the property. ~ Mrs. Beal moved seconded by Mr. Teague to uphold the Z0ning Board of Appeals and deny the appeal. Motion carried unanimously. ---._-" C. Reconsideration, RMBC Liquor License - Riviera Tavern, 99 River Avenue (Beckley) Manager noted that the Council recommended denial of this application previoUSly, then at the July 10 meeting voted to reconsider its action. He said the OLCC had been asked to withhold its action until Council reconsideration. . John Bartels, part owner of Riviera Village Apartments at 130 River Avenue, read a peti- tion signed by residents of the area, opposing the tavern's location at 99 River Avenue. He also noted other taverns in the area and pizza parlors where beer is available :"in re- buttal to the applicant's previous testimony as to need for a tavern in this location. , He reiterated his obj ections presented to the Council at its previous consideration of ":_ d IS 7/24-(72 - 1