04/13/1992 Meeting (2) - Laserfiche WebLink

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e - e that the need to vacate the street first surfaced in 1978. He added that the findings of the lane County Boundary Commission regarding the annexation of Mr. Davis's property state that future access of Mr. Davis's via Pleasant Highway was not planned nor recommended. He said that if the right-of-way is not vacated, then property owners would be required to dedicate significant portions of property in order to accomodate the major fills and cuts that would be needed to construct a street. Mayor Miller pointed out that the council had reached its mandatory adjourn- ment time of 10:30 p.m. Mr. Boles moved, seconded by Ms. Bascom, to continue the coun- cil meeting for one-half hour. Roll call; the motion carried unanimously, 7:0:1, with Councilor Robinette abstaining. Responding to a question from Mr. Boles about the timing of this request, Mr. Jacobson said that development pressure in the area is intense. As develop- ment proposals are reviewed, access to these proposals as well as access to abutting properties are planned. Access to Mr. Davis' property will come from a future phase of the Spring Knoll Planned Unit Development (PUD) and possibly through properties to the south. The future improvement of East 43rd Avenue from North Shasta loop to Spring Boulevard is integral to provid- ing access not only to Mr. Davis' property but also to other properties in the area. East 43rd Avenue is currently unimproved. Mr. MacDonald asked about the issues raised by Mr. Davis in his letter rela- tive to the Oregon Revised Statutes (ORS) concerning street vacations. In response, Mr. Jacobson said staff has not received any substantial evidence that the street vacation would affect the market value of Mr. Davis's proper- ty. He added that there are no outstanding taxes on a public right-of-way and explained that the issue regarding ORS 271.130 was moot because the plat was not the subject of this vacation. In response to follow-up questions from Mr. Boles, Mr. Jacobson reiterated that the street vacation will not affect the market value of Mr. Davis' prop- erty. He said the street vacation would allow more flexibility in developing the properties through which the Pleasant Highway right-of-way passes. Responding to a question from Mr. Nicholson, Glenn Klein, City Attorney's Office, said a reasonable interpretation of ORS 271.130 regarding n. . .sub- stantially affect the market value. . .n would mean a decrease in market value. Mayor Miller opened the public hearing. Tom Slocum, representing Arthur Bailey who owns property abutting the Pleas- ant Highway right-of-way, said Mr. Bailey would have initiated a street vaca- tion request had the City not done so. He said there was no way that the right-of-way would serve Mr. Davis' property by the construction of a road. He added that access to Mr. Davis' property was provided upon annexation via the property to the south. MINUTES--Eugene City Council 7:30 April 13, 1992 Page 14