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and that the council received testimony regarding. In those cases, the setback consumed more than 33 percent of a lot. Staff examined every option it could think of regarding how to provide relief in such a case. In one case, a property owner would not be able to expand a front porch by a foot because it would result in a violation of the conservation area. There were problems with every alternative staff developed. Mr. Björklund said that staff believed there would be other situations it did not anticipate where the regulations would not make sense, and staff did not want to limit the section to undeveloped parcels. For that reason, staff believed the 33 percent adjustment should be allowed to be applied to developed parcels. Councilor Papé asked if the amendment could result in lawsuits. City Attorney Emily Jerome indicated that such instances were not likely to be common but she believed the City would prevail in the case of a legal challenge. Councilor Kelly said he had indicated in his communication with staff that he did not object to exempting the specific properties along the Willamette River from the natural resource ordinance. The issue for him was that there 2,000 lots and the City was unaware of all the situations that would arise, which was his reason for proposing the amendment. It could be there was a large lot with some development that would receive a substantial reduction in the protected conservation area. Councilor Solomon expressed support for the alternative motion offered by staff. Councilor Pryor asked if the effect of the amendment would be to reduce or increase a property owner’s flexibility in developing their property. Mr. Björklund said the amendment would narrow the number of parcels that would qualify for the exemption by quite a lot. Once applied, the amendment would be the same adjustment but the question was where it would apply and to what universe it would apply. Councilor Bettman said the council was already looking at a diminished level of natural resource protection. Building in the exemption would allow a further reduction in that protection. She did not support the staff- recommended motion because it still allowed for an adjustment to reduce the conservation area even if the lot was still buildable. She supported the amendment. Councilor Papé agreed with the remarks of Councilor Solomon. He said that the City should consider private property rights while balancing the need for protection. Councilor Bettman agreed with Councilor Kelly that known properties could be exempted through a separate ordinance. The amendment to the motion passed, 4:3; councilors Papé, Solomon, and Pryor voting no. Assistant City Manager Jim Carlson identified the bicycle paths that would be affected by the amendment previously offered by Councilor Bettman: 1) Delta Ponds path; 2) two sections of path along the Willamette River; and 3) the section of path along the Q Street Channel. Councilor Bettman indicated she was content to remove the reference to quantity and retain the text prepared by staff. Assistant City Manager Carlson clarified that existing bicycle paths would have a similar problem in the event of a preservation project that resulted in the widening of a bicycle path or removal of a bicycle path. Councilor Bettman, seconded by Councilor Taylor, moved to amend the motion with Mo- tion B on page 421 to include the text on 3(i) after it says “within the conservation area for MINUTES—Eugene City Council November 14, 2005 Page 13 Regular Meeting