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Ordinance No. 19772
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Ordinance No. 19772
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Last modified
6/10/2010 3:46:47 PM
Creation date
11/12/2008 2:34:32 PM
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Council Ordinances
CMO_Document_Number
19772
Document_Title
Ordinance levying assessments for alley paving and sanitary sewers between 7th & 8th Avenues from Washington Street to Jefferson Street; and declaring an emergency.
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
4/22/1991
Signer
Jeffrey R. Miller
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DONALD D. DIMENT, JR. <br />JACK A. BILLINGS <br />THE~DQRE L. WALKER <br />April 12,1991 <br />DIMENT, BILLINGS & WALKER <br />ATTORNEYS AT LAW <br />Smeede Hotel Building <br />?87 V1Jillamette Street, Suite 208 <br />Eugene, Oregon 9?401 <br />Mr. Keith Martin <br />Harrang, Long, Watkinson, Arnold & Laird, P.C. <br />101 East Broadway, Suite 400 <br />Eugene, ~R 97401 <br />Re: Alley Between 7th and 8th Avenues (Contract 89-33)/ <br />Interpretation of Eugene Code 7.175 <br />Dear Keith: <br />Area Code 543 <br />4$4.242 <br />Fax # 484-9395 <br />I have just conducted an Assessment Hearing regarding the above project. I am interested <br />in receiving the benefit of your interpretation of Eugene Code 7.175.2, as it applies to this <br />situation. <br />As you review the Code Section, you note that there is a weighting factor to be used based <br />on the permissible use of the parcel under City zoning. The structure at 754 Washington <br />Street is a very large 2+ story wood frame structure that probably began its existence as a <br />quite large home or apartment house. Although it is not especially obvious from the street, <br />same part of the building is now being used as afflce space for Quantum, Inc., a~~ tele- <br />marketing firm. The owners of this business hand apparently the owners of the structure <br />itsel contend that the residential square footage of the structure accounts for 6l% of the <br />total area. I do not know whether this calculation includes the very tog floor of the <br />structure, which from the street appears to be an attic. <br />In any event, I think we should assume that a minority of the square footage is a commercial <br />(I think an M-2) use and the balance is residential. <br />In your opinion, does EC 7.175.2 require the application of the highest weighting factor, <br />regardless of the percentage of a structure which the higher weighted factor occupies? Qr, <br />does "the most intensive use of the parcel" relate to the majority use of the property, which <br />I assume is residential? As I read this provision, there is no authority far dividing the <br />assessment between the uses, based an their relative weighting factors. Do you agree? Are <br />there any other factors which you think I should be considering? <br />EXHISIT <br />PAGE ~OF,~ <br />
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