Agenda Packet 9-24-18 Meeting - Laserfiche WebLink

Home Browse Search

1 LAWLER Daniel R From:Paul Conte <paul.t.conte@gmail.com> Sent:Tuesday, September 11, 2018 12:36 PM To:*Eugene Mayor, City Council, and City Manager Cc:LAWLER Daniel R; BROTHERTON Kathryn Subject:Zelenka clarifies "use"; staff confirms "use" NOT restricted; City Attorney advice to Council could violate "Equal Protection" September 11, 2018 Mayor and Councilors, Thank you for the unanimous decision to reopen the record for the "Moore" Measure 49 Claim (City File M49 18-1). Although the discussion was brief, there were several very important "takeaways": 1. Councilor Zelenka clarified the "use" that is at issue in this claim. 2. Staff member Dan Lawler confirmed that the "use" allowed for the subject property has not been restricted. 3. The City Attorney provided legal advice to the Council that, while not clear, could be misinterpreted in this (and other) M49 decisions, resulting in the City Council violating the "Equal Protection" provisions of the U.S. and Oregon Constitutions. I will submit more extensive testimony prior to the deadline; however, I wanted to point out these items while councilors had their discussion fresh in their minds. 1. Councilor Zelenka clarified the "use" that is at issue in this claim. In an exchange with Dan Lawler, Councilor Zelenka clarified Eugene Code's "One-Family Dwelling" as the use permitted in the R-1 zone and which is the subject use of this M49 claim. Zelenka's question to staff was answered by Lawler stating: "This isn’t about an ADU, the claimant desires to build a primary, single-family dwelling, not an ADU." Eugene Code variously uses "single-family dwelling" and "one-family dwelling" in a synonymous manner. The code defines "Dwelling, One-Family" (EC 9.0500). The code states the purpose of the R-1 zone, in part, as: "The R-1 zone is designed for one-family dwellings with some allowance for other types of dwellings, * * * * *." (EC 9.2700) The code lists "One-Family Dwelling (1 Per Lot in R- 1)" as the first "Residential" use under the Table 9.2740, which "identifies those uses in the residential zones that are: (P) Permitted * * * * *." The second "Residential" use Table 9.2740 is (now) "Accessory Dwelling," which was previously "Secondary Dwelling." September 24, 2018, Meeting - Item 3