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MINUTES EUGENE CITY COUNCIL November 12, 1974 - Regular meeting of the Common Council of the city of Eugene, Oregon - carried over from November 11, 1974, Veterans Day - was called to order by Council President Torn Williams in the absence of Mayor Anderson at 7:30 p.m. on November 12, 1974 in the Council Chamber with other Council members present: H. C. McDonald, Wickes Beal, Beth Campbell, Neil Murray, and Robert Wood. Council members absent were James Hershner and Gus Keller. (Side 1) I - Public Hearings (1480) A. Appeal, Zoning Code Board of Appeals denial of six-foot high wooden fence at 2605 Friendly Street - V./ W. Blowers (September 26, 1974) Council members present declared no ex parte contacts or other reasons for abstaining from discussion or voting on the appeal. Staff notes and Zoning Code Board of Appeals minutes were previously distributed to Council members and by reference there to made a part of this record. Manager explained that Mr. Blowers requested permission to keep an existing six-foot wooden fence along the 26th Avenue side of his corner property at Friendly Street. The fence was located on the property line in violation of front yard setback. The area enclosed would be considered technically a front yard although Mr. Blowers main- tained it as a back yard because of the corner lot location. The Board of Appeals -- decision was to require a setback of not less than seven feet from the property line on that portion of the fence east of an existing concrete slab, the outside to be land- scaped with plant material to partially obscure the fence. Council members viewed the site on tour. (1525) Public hearing was opened. Mr. Blowers presented pictures of the fence and a petition containing signatures of seven residents on the street who would prefer a curb sidewalk rather than one set back five feet. He said strict adherence to the regulations would prevent his- enjoying the same privileges of others in that neighborhood. Public hearing was closed, there being no fUJrther testimony. U?70) In response to Manager's inquiry about staff's recommendation on location of a walk on 26th Avenue at Friendly, Don Allen, director of public works, said that although Friendly Street did have a curb sidewalk, topography would not require it on the 26th Avenue side. That side of the property, he said, would have a flat parking strip and a standard setback walk. In response to Councilman Murray, Mick Nolte, superintendent of building inspection, said that both street frontages on a, corner lot were considered front yards, therefore -- a IS-foot front'yard setback was required on any structure more than 30 inches high. There had been no indication in the Board minutes of complaints from neighbors. Councilman McDonald noted the existence of a six-foot fence at 12th and Alder that was permitted and asked what the difference was between that situation and this, whether site clearance for traffic was the problem. Manager answered that the Board's reasoning supported Code provisions cited by the superintendent of building inspection. There was additional concern for site clearance for vehicles entering the street from the alley which was probably the reason for the seven-:-foot setback recommendation. He added that the 12th and Alder fence was probably not a single-family residential area, so probably no front-yard requirements. Councilman Wood noted that pictures presented by Mr. Blowers indicated other fences in the area higher tha~ 30 inches. He wondered how one could achieve privacy or have suit- able garden areas iri situations such as this. Councilman Williams said it was his under- standing th~t the Board of Appeals had not recommended elimination of the six-foot fence entirely. That was verified by Manager - the six-foot portion of the fence adjacent to an existing concrete slab in the back yard could remain, that portion east of the slab would have to be set back seven feet from the property line (IS feet required by ordin,ance) and the outside landscaped with some 'type of plant material. ~- Mr. Murray moved seconded by Mr. 'McDonald to approve the appeal and grant a variance for the fence. In answer to Councilman Williams, Stan Long, assistant city attorney, said that findings supporting: the variance would have to be stated and the Council would be required to make a decision on the appeal. If no decision was reached the matter would have tobe held over. /':': ~7Ca 11/12/74 - 1