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<br />CITY OF EUGENE <br />INTER-DEPARTMENTAL MEMORANDUM <br />CITY ATTORNEY - CIVIL DEPARTMENT <br /> <br />To: <br /> <br />Mary Feldman - City Recorder <br /> <br />Date: September 4, 2008 <br /> <br />Subject: <br /> <br />Scrivener Error Correction to EC 9.2751/Code Update for Ordinance No. <br />20418 <br /> <br />You have asked how to update Section 9.2751(3) of the Eugene Code, considering the <br />effective dates of Ordinance Nos. 20417 and 20418, passed by the City Council on August 11, <br />2008. This memo provides direction for your immediate update of the code to incorporate the <br />changes made by Ordinance No. 20418. Future code updates to incorporate the changes made <br />by Ordinance 20417 will likely be necessary when the legal appeal process is complete. <br /> <br />Background <br /> <br />Until recently, EC 9.2751(3) has provided: <br /> <br />(3) In the R-3 and R-4 zone, the maximum building height shall be limited to 30 <br />feet for that portion of the building located within 50 feet from the abutting <br />boundary of, or directly across an alley from, land zoned R-l. <br /> <br />On August 11, 2008, the City Council adopted two ordinances that amend EC 9.2751(3). <br />Although Ordinance 2041 7 was adopted first, it has a later effective date than does Ordinance <br />20418. Ordinance 20417 provides that EC 9.2751(3) is "amended to provide as follows:" <br /> <br />(3) Building Height. <br />(a) In the R-3 and R-4 zone, the maximum building height shall be limited <br />to 30 feet for that portion of the building located within 50 feet from the <br />abutting boundary of, or directly across an alley from, land zoned R-l. <br />(b) An additional 7 feet of building height is allowed for roof slopes of 6: 12 <br />or steeper in the R-l, R-2 and R-3 zones. <br /> <br />The changes made by Ordinance 20417 are to take effect upon the date that ordinance is <br />acknowledged by the State.l Because that ordinance has now been appealed, its code changes <br />will not take effect for at least a few months. <br /> <br />I Section 32 of Ordinance No. 20417 provides that it "shall become effective 30 days from the date of its <br />passage by the City Council and approval by the Mayor, or upon the date of its acknowledgment as provided by <br />ORS 197.625, whichever is later." <br />