Approved Minutes - 2011-04-11City of Lake Oswego Planning Commission
Minutes of April 11, 2011 Page 1 of 5
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CITY OF LAKE OSWEGO
Planning Commission Minutes
April 11, 2011
1. CALL TO ORDER
Chair Jon Gustafson called the Planning Commission meeting of April 11, 2011, to order
at 7:55 p.m. in the Main Fire Station, 300 B Avenue, Lake Oswego, Oregon.
2. ROLL CALL
Members present were Chair Jon Gustafson, Vice Chair Lynne Paretchan and
Commissioners Julia Glisson, Jim Johnson, Russell Jones and Todd Prager.
Commissioner Puja Bhutani was excused. Council Liaison Jeff Gudman was also
present.
Staff present were Debra Andreades, Senior Planner; Evan Boone, Deputy City Attorney
and Iris McCaleb, Administrative Support.
3. CITIZEN COMMENT
None.
4. PUBLIC HEARINGS
4.1 LU 08-0052 (Ordinance 2525) – Community Development Code –General
Housekeeping and Minor Policy Amendments. Amendments (Chapter 50) for the
purpose of clarifying, correcting, formatting, updating sections and discussing minor
policy changes. Final review of previously discussed items, Package B (continuing from
page 110-232 and 275-412). Continued from March 28, 2011.
Chair Gustafson opened the hearing. The Commissioners continued their examination
of Ordinance 2525, Attachment B; Package B.
Section 50, Garage Appearance and Location
Mr. Boone recalled that at the previous hearing the Commissioners had indicated it was
acceptable to use a garage door to break up a garage wall plane facing a street.
Development Review planners had advised this provision did not need to distinguish
between a corner or side- or rear-loading garage. They recommended the following
language:
When a garage has walls facing a street, those walls shall have more than
one plain or shall include fenestration equal to at least 10% of the garage
wall.
When asked, Mr. Boone clarified that on a corner lot that also abutted an alley the
garage could be accessed from either the side street or the alley, but it had to be
positioned in back of the house.
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Minutes of April 11, 2011 Page 2 of 5
Conditional Uses: Cemetery (all residential zones)
Mr. Boone observed a consensus to leave the definition, Cemetery, in the code, but
remove any proposed provisions that would allow them in any residential zone. During
their previous discussion the Commissioners had questioned why staff proposed to allow
cemeteries in residential zones. Vice Chair Paretchan indicated she would allow them in
parks. Mr. Boone had discussed the question with Dennis Egner, who had advised that
staff no longer proposed the change because the City needed the land in residential
zones for housing; it was unlikely that someone would find a parcel of land large enough
for a cemetery; and it was unlikely that cemetery use would be approved under the
applicable conditional use standards. Commissioner Johnson observed that if there
were a future need for a cemetery it could be allowed by plan amendment.
Section 50.07.035 Lot Coverage/Floor Area Ratios/Impervious Surface
Mr. Boone explained staff wanted to be sure the code reader knew there was a limit on
impervious surface in addition to lot coverage standards. He indicated that “Floor Area
Ratios” had been moved to a different section of code.
Section 50.07.037 (regarding what is exempt from FAR calculations)
The Commissioners re-worded the beginning of new provision 5 for clarity as follows:
“Provided only one garage is located on the site…”
Section 50.07.040 Dwelling Design, Front Porch Required
The proposed amendment would add another parameter to the standard that required a
front porch to be at least 50% of building width. The porch would have to be at least 15
feet wide even if the front of the building was especially narrow. First Addition
Neighbors-Forest Hills Neighborhood Association (FAN) had asked for this change after
it experienced a house that met the code but still did not look appropriate. Its front wall
was very short with a very small porch. The Commissioners questioned rewriting the
code because of one instance in FAN. During the discussion staff clarified that the
developer was not allowed to decide which corner lot elevation was to be the “front,” that
it was the City Manager’s decision. Chair Gustafson observed a consensus not to
recommend the proposed change because the matter was too complex to address in the
current amendments process.
Sections 50.07.040 and 50.08.045, Dwelling Design, Street Front Setback Plane.
The Commissioners noticed that the text sometimes hyphenated street-front and
sometimes did not. They also noted that a front porch was allowed to extend past the
Front Yard Setback line and that the proposed change would ensure it fit under the
Street Front Setback Plane. Mr. Boone explained this would prevent huge front porches
that extended as high as the second floor of the house. The Commissioners examined
the illustration on page 150. Vice Chair Paretchan was concerned that the result of the
amendment would be that all front porches would look the same. Chair Gustafson
advised the problem the change was supposed to address could not actually happen
because the 16-foot limit on front porch height would keep the porch under the Plane.
Mr. Boone advised there were other structural elements besides porches that might
pierce the plane. Vice Chair Paretchan suggested the provision should reference those
elements, so a reader would not have to hunt through the code to find the exceptions.
She asked for and observed a consensus to do that, but then agreed with Chair
Gustafson’s suggestion to let the code audit process deal with cross referencing. The
Commissioners directed staff to add the issue of whether the Front Setback Plane
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should be applied to flag lots to their future work plan. They observed that the Plane
was intended to protect the streetscape and access lanes were a lot like streets.
Section 50.07.040 Dwelling Design, Side Yard Appearance and Screening,
Treatment 3 - Screening
Commissioner Prager was not comfortable allowing landscaping to be a substitute for
other features that would break up a wall plain, it was too temporary. Mr. Boone advised
that this was current code, not a proposed amendment. Chair Gustafson observed the
Commissioners were not inclined to add this to their future work plan.
Setbacks for Zero Lot Line Houses
Commissioner Jones indicated he preferred to require zero lot line combined dwellings
to have to meet the 10 foot side yard setback on each side (Option 2). He did not favor
allowing the developer to use the 5 ft. side/15 ft. combined setback (Option 1). Mr.
Boone recalled the Commission had previously decided to recommend Option 1 which
would allow a developer to distribute the combined side yard setback however they
wanted to. Commissioner Jones held that it was acceptable to allow a smaller setback
for smaller houses, but big houses should have a larger setback so they were more
appropriate scale. Commissioner Glisson recalled the Commissioners had previously
chosen Option 1 because it gave the developer the flexibility to move the structure to
preserve a tree. She noted it also allowed them to follow the existing pattern along the
streetscape. She anticipated the developer would consider how close the neighbors
were when he decided how to position the building. Commissioner Jones was still
concerned about appropriate scale. He did not want to see a series of houses with the
same setback and then come to a large house with a smaller setback. Chair Gustafson
recalled the Commissioners had already addressed this. Commissioner Glisson said
she believed people were going to place their homes to gain maximum privacy. Chair
Gustafson observed a consensus to continue to recommend the more flexible option.
Setbacks – Adjustments and Additions [as related to the Oswego Lake Setback]
Mr. Boone explained the proposed change would allow boathouses and certain types of
accessory structures in the Oswego Lake Setback. Vice Chair Paretchan questioned
use of the term, “Adjustments” in the section title. She thought of an “adjustment” as
something that adjusted required distance. Mr. Boone noted this section referred to a
collection of “adjustments,” “exceptions” and “modifications” of base zone standards.
He, Vice Chair Paretchan and Commissioner Glisson then agreed to re-craft the
sentence related to Oswego Lake structures to indicate that the Oswego Lake Setback
allows certain uses in the rear and side yard setbacks because it allows structures to
occur there.
Setbacks – Measurement of Side Yard Setback
Mr. Boone advised this proposed change would address the “accordion house” problem,
a house that undulated from side to side. He explained that each undulation met the 15
foot combined side yard setback requirement and the result made the house look very
wide from the street.
Section 50.08.045, Structure Design, Maximum Side Yard Plane
Mr. Boone explained this section had been renumbered and the only other change was
to strike the sentence, “(a) The side elevation of a structure must be divided into smaller
areas or planes to minimize the appearance of bulk to properties abutting the side
elevations of a primary structure.” It was proposed to be struck because it was a
purpose statement that someone might misconstrue.
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Section 50.09.025, Setback Requirements, Buffers (DD Zone) [as applied to
Oswego Lake]
Mr. Boone explained that because the Design District (DD) zone did not include the Lake
some extraneous language regarding the Oswego Lake setback was not necessary and
would be removed.
Accessory Structures – Future Work Plan Item
The Commissioners removed proposed changes related to Accessory Structures from
the current process. They planned to address anything related to Accessory Structures
in a separate process as part of their future work plan.
Article 50.10 West Lake Grove Design District Zone
Mr. Boone explained that staff was no longer recommending removing the slash from
“OC/R-2.5” because it looked odd. They would leave the decision to the code audit
process and revise the staff commentary to reflect that. Mr. Boone clarified WLG OC/R-
2.5 was the only zone in the City with a slash that was a zone in itself and not a split
zone.
Chair Gustafson moved to continue LU 08-0052 (Ordinance 2525) to April 25, 2011 and
review pages 275-412. Commissioner Jones seconded the motion and it passed 6:0.
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4.2 LU 08-0054 (Ordinance 2526) – Community Development Code – Policy Related
Housekeeping Amendments. Amendments (Chapter 50) for the purpose of clarifying
and updating various code provisions. These provisions have been identified as having
policy implications. Discussion of items to prioritize for future review in preparation for
reopening continued public hearing.
Chair Gustafson moved to continue LU 08-0054 (Ordinance 2526) to May 9, 2011.
Commissioner Jones seconded the motion and it passed 6:0.
5. OTHER BUSINESS – PLANNING COMMISSION
None.
6. OTHER BUSINESS – COMMISSION FOR CITIZEN INVOLVEMENT
None.
7. SCHEDULE REVIEW
The next meeting was scheduled for April 25th. The Commissioners would continue
examining LU 08-0052 (pages 175-412). They agreed to hold a special meeting on May
4th or 5th if they needed additional time to finish LU 08-0052.
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8. ADJOURNMENT
There being no further business Chair Gustafson adjourned the meeting at 9:55 p.m.
Respectfully submitted,
Iris McCaleb /s/
Iris McCaleb
Administrative Support