Admin Order 58-10-17 - Laserfiche WebLink

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SUNA Parking Zone Appeal June 13, 2011 Page 3 of 9 imposition of the district, the amount of vehicle cruising in the Fairmount Neighborhood has dramatically decreased although it is understood that a portion of the vehicle demand shifted to the SUNA. 8. The enforcement of parking restrictions is provided by personnel who mark a vehicle's tire with chalk and then return to the same parking spot in a little more than the length of the parking restriction; normally two hours. A person in a two — hour parking space may have their tire marked near the end of a two hour period and by the time the parking enforcement person returns the car, if it remains, will have been parked for almost four hours. Thus, a three—hour parking restriction would theoretically allow a car to be parked for up to nearly six hours and a four — hour parking restriction would theoretically allow a car to be parked for up to nearly eight hours, without being ticketed. Procedural issues The appeal by Mr. Bryant asserted that there is no popular desire or need for the expansion of parking restrictions in his neighborhood. This assertion is directly relevant to Administrative Rule R- 5.040 —F(d) which requires the consideration of "the desire and/or need of residents of the area for establishment of permit parking zones." In his April 12, 2011 Preliminary Decision on the Scope of Appeal, the Eugene Hearings Official (Milo Mecham) opined that the appeal of the administrative order was not confined to the residential blocks where the appellants reside but rather is relevant to the validity of the order in its entirety. Accordingly, a hearing on the two appeals was scheduled for June 3, 2011. Justification for the Decision This is an appeal of Administrative Order 58- 10 -15. This issue is one of whether the administrative order is consistent with the regulation authorizing its action, Eugene Administrative Rule R- 5.040, and not the legality of that administrative rule. In this context, Eugene Administrative Rule R- 5.040 —C.2 provides: The Traffic Engineer may establish a residential permit parking zone in an area for which no application has been received providing: 1. Establishment of the zone is necessary in order to meet the objectives of the policies setforth herein; Administrative rule R -5.040 does not have any explicitly stated policies, and Section R- 5.040 —B POLICY only notes that the " ...regulations govern the establishment of or the withdrawal from residential permit parking zones within the City." Administrative Order 58 -10-17 establishes the residential permit parking zone within an expanded portion of the SUVA.