HomeMy WebLinkAboutAdmin Order 53-13-12-FADMINISTRATIVE ORDER NO. 53-13-12-F
of the
City Manager of the City of Eugene
ADOPTION OF TEMPORARY CONESTOGA HUT RULE AS A
PERMANENT RULE AND REPEAL OF ADMINISTRATIVE ORDER NO.
53- 13 -09.
The City Manager of the City of Eugene finds that:
A. Section 2.019 of the Eugene Code, 1971 (EC) authorizes the City Manager to
adopt rules for administration of provisions of the Eugene Code.
B. On May 30, 2013, Administrative Order No. 53 -13 -09 was issued establishing
temporary minimum standards for Conestoga huts for the purpose of implementing Ordinance
No. 20503, which temporarily allowed overnight sleeping in a Conestoga but where overnight
sleeping would be allowed in a vehicle pursuant to EC 4.816(1).
C. On September 25, 2013, the City Council passed Ordinance No. 20517 adopting a
permanent amendment to EC 4.816(1) to permit the use of Conestoga huts in overnight camping
areas. Due to the adoption of Ordinance No. 20517, and the upcoming expiration of
Administrative Order No. 53 -13 -09 on November 26, 2013, it is necessary to adopt the
Conestoga but standards as a permanent Rule.
D. On October 28, 2013, I issued Administrative Order No. 53 -13 -12 proposing to
adopt the temporary Consestoga but standards as a permanent Rule. Notice of the proposed
adoption was given by making copies of the Notice that was attached as Exhibit A to
Administrative Order No. 58 -13 -12 available to any person who had requested such notice, and
by publication of the Notice in the Register Guard Newspaper on November 2, 3, 4, 5, and 6,
2013. The Notice provided that written comments or objections to the proposed Rule be
submitted within 15 days of the first date of publication of the Notice.
E. One written comment was received in response to the Notice. A summary of the
comment and my findings to the comment are as follows:
Comment An e -mail was received expressing concern over the appearance and
aesthetics of the Conestoga huts and the impact on neighborhoods from that perspective. The e-
mail also opined that the temporary standards should not simply be allowed to become
permanent standards, as they will further detract from the beauty of the community.
Administrative Order - Page 1 of 3
Findings The City Council has approved the use of Conestoga huts. Conestoga
huts in overnight camping areas provide another option for our homeless community to address
the basic need for shelter. The Conestoga but standards were developed to address the safety and
welfare of the occupants. In that context, aesthetics were given little consideration, and in any
case would be difficult to define in the standards, since what constitutes an "eyesore" is very
subjective. Mandating the use of specific colors or types of covering might limit the ability to
use cheap and available materials. It is also relevant to note that our state building and local land
use codes do not generally address the aesthetics of buildings or structures, including those that
may be on the subject sites, and also that there is no established criteria for the appearance of
tents or vehicles that may also be used for overnight camping. No changes are being made to the
rule as a result of this comment.
F. The principal document relied upon in preparing the Rule is the Oregon Structural
Specialty Code, 2010 (current State building code), which is available for review at the Planning
& Development Department, 99 West 10 Avenue, Eugene, Oregon, 97401, and online at the
following Oregon Building Codes Division website: http : / /www.oregonbcd.orgZproQrams /online codes.html.
Based upon the above findings which are adopted, and the findings in Administrative
Order No. 53- 13 -12, and pursuant to the authority contained in Section 2.019 of the Eugene
Code, 1971, I order that the Conestoga Hut standards are adopted to provide as follows:
Conestoga Hut Standards
For purposes of Section 4.816(1) of the Eugene Code, 1971, Conestoga huts shall meet
the following minimum standards:
Floor Area No larger than 6 -feet by 10 -feet of covered area.
Walls Two framed end walls. One wall shall include a door; the other wall shall
include a window.
Roof Frame Metal wire frame, equivalent to 4 gauge welded cattle fence panel that is
curved to connect to the end walls and long sides at the floor frame.
Height Overall height shall not exceed 10 feet.
Frame Cover Frame covered with a pliable membrane that is attached to the base of the
structure, to provide a weather barrier.
Administrative Order - Page 2 of 3
Materials Foam plastic insulation must not be used. Other insulation materials,
including facings that are exposed to the interior, shall have a flame spread index not
exceeding 25 and a smoke developed rating not exceeding 450, when tested to ASTM E
84.
Smoke and CO Alarms Each but must have a functioning battery operated smoke
alarm and CO alarm or a single alarm for both smoke and CO.
Appearance See Exhibit A to this Order for example.
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Dated this Z (v day of November, 2013.
Jon R. Ruiz
City Manager
Administrative Order - Page 3 of 3