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In regard to Item (b), Ms. Bettman objected to making a change regarding an allowed use in a <br />whole zone to accommodate a single business, pointing out that the business in question could <br />go through a zone change. <br /> <br />Mr. Rayor noted that the code provided for up to an 18-foot addition to the top of a building for an <br />antenna. He thought that provision made the motion unnecessary. Mr. McKerrow clarified that <br />Section 9.6720 provided such an exception, but the motion also addressed a use, a radio station, <br />that was not legally established in the zone it was located. <br /> <br />Mayor Torrey advocated for the motion. He believed that the business in question was <br />appropriately located in the General Office zone, noting that the Federal Communications <br />Commission had recently approved of a new type of radio station that was considered a <br />neighborhood radio station. Those stations would need inexpensive general office locations to <br />operate. He clarified that the transmission site would be located away from the station location. <br /> <br />Mr. Kelly asked how the business in question was established if the use was not allowed in the <br />zone. Mr. McKerrow said that it appeared that the use moved into a general office zone as the <br />owner assumed the zone was appropriate for the use. Some minor building permits were <br />required that did not include a zoning review. <br /> <br />Ms. Bishow noted that the City had not received any complaints about the use. The <br />nonconforming nature of the use was discovered when the owner asked the City about new <br />building permits for some repair work. <br /> <br />Mr. Kelly supported the motion for the reasons cited by Mayor Torrey. <br /> <br />Mr. Meisner did not like legislating for a single business, saying he would be more comfortable <br />letting the nonconforming use continue. Ms. Bishow suggested another approach, where the <br />code could indicate that any radio station established as of the effective date of the ordinance in <br />a General Office zone was permitted. No other radio stations could be established in the zone. <br />Mr. Meisner endorsed that approach. However, he was also interested in fostering the small <br />neighborhood stations that could be established in the future, and suggested a work program <br />item to that effect be considered. <br /> <br /> Mr. Rayor, seconded by Mr. Pap~, moved to amend the motion by deleting <br /> the reference to the maximum height of 20 feet. <br /> <br />Ms. Nathanson asked if there was an engineering reason to reduce the height of the antenna, or <br />if it was intended to bring the motion into compliance with the current code. Mr. Rayor said that <br />his amendment was for the sake of consistency with the code. <br /> <br />Ms. Bettman reiterated her objection to the motion, noting that there had been no public <br />testimony about the issue, and suggesting the only reason it was before the council was that it <br />was an easy way to allow the use to continue without going through a zone change. <br /> <br />Mr. Kelly thought it appropriate to grandfather the existing business but indicated his agreement <br />with Ms. Bettman's comments about the lack of public comment about the issue. He indicated <br />opposition to the amendment and the motion and said if it failed he would offer another motion to <br />grandfather radio stations in the general office zone as of the code adoption date. <br /> <br />MINUTES--Eugene City Council October 30, 2000 Page 9 <br /> Work Session <br /> <br /> <br />