Approved Minutes - 2006-06-19171
CA IJL 110 ORE FIR
APPROWER
City] of Loke Osimego
Ile-ielc p m en 1 Review C aim missic n Min utes
Jun c 19, 20CI(
Chair Bial Ticrriey called the Develciflment Review Commission met Iing oflJlune 151,
2006, to order at appraximatt ly 70,00p.m. in 1he Council Chambers oflClity Haj l al =180
"'A" Avenue , Ild e C swego, Oregon.
1I. RCIJL CIA LII
Commissioners ptiesent be s:idc s C hair Tierney were Vide Clhahi Shail,a C stll}I, Bob
N eedharr and Hal l i day Meisburgoi. Comm i ssi oneirs Nan Bink ley and Kry f syna 9l adnik
were excused. Stalff present included Hamid Rishvaie, D evelopmt nil Rlev:ic w Managar;
.lessica Sarver, Associate Manner, Evan Boont, Deputy City Attornty; and Janice Eladati,
Admiinstrative Suppcirl III.
III. A.PAROMAIJ CFI MINUTES (Nan(
® IVI. A PAROMAII C FI RIND ING 8, CC NCLUEI IC NS AND C RDERI
LU 05=0x174, a tiequest by Vii ncie & Li sa Llowt nbc ng
Ms, Ostly moved to approve LU 014014-1611, HindinRs, Ccnelusions and Order.
Mr. Necidliaim sciconded the motion and :i1 paisseid 4:0.
V. PIUEII11CI HE ARINC
LU 06-001f, a request by IJynford Capital Management, for approval oflthe following in
circit r to c onstru cil a zero 1101 :line dwelling on a 6,000 sq. ft. lot in the R-2 zont .
1. A minor partillion to divide 1he site :inlci two part chi. Parcel l would be 11,1131,iq. fll.
and pancell 2 would be 2,862 square ftiat.
a: A Deve:l opme n1 Rlev:i e w Plermi t 1 o construct a ac do lot Ii ne dwe 1.1ing (twci units) with
the folll awing c omipancinl s:
• Ar txcaption 10 LC CI 50.65:0=10(3)(a); which requirts that masonry be used as
the pnedom:inanl building matcdall for walls cin the ground f cion.
• Msidenilia:I Infill Dos:ign R6view appnovai for tht following excieptions to the R -
:I zone re quire ments:
ci Reduct the franl yard setback fon boilh parcels along C Avenue from 10 ftet
to four feel for front ponciht s.
ci Reduce the la -foot fiionl yard stlbacks (C Avenue) to the frons building l:inci
on parcel l from 10 ft et to n;i nt fet 1, and from 10 ft et to I feet on Flarcol 2;
41'
c Rleducit tht hear scil back from 1 CI feel to seven feel for both pancell s and
City of Lake Cswcga 13evelopmenit ReNieiw Catnmissioni Hage 1 of 6
Mu Utes of June 19, 1006
o Allcaw an addiilional a.4% :lot coverages (74 addilional squares feeil) on Pastil
1 to increase the maximum lot coverage fromi 55% to 31.4%.
® Rlemoval of thr is traasa.
Loc sats cm of I th a Property: 5961'Street (I11ax Hal 2800 of T am Map 2 1 F HIC I)..
Clhlair Tiarnay opened 1he public Hearianigl and axplained the applicable proceidura and times
lim:ils. He askead the Comm ss:iciners to report any e),. parki contacts (inc:lud:ing site visit:i;,
biaseas and conflicts of interest, and la ideimlify any known present cir anticipated future
business relalionisli`psi with thle project or thla applicant. All of thea Comm:issiioerifs pile:iont
indicated thay ware familiar with thea siita and Chair Tierney declared that hes Had visited
lha sitea. They ala deela cid theair busiinesis car profession: Ms. Osatly (Ireaal w1ata appraiser),
Mil. Meisburgen 11a>tchitacrt), Mrl Needhlam 1Ilawyara) and Clhlair Tierney (util tim inspection
business'. Whan inivitEad by thla Claain, no one prasuril ahalleangEad any Commissioner's
ri ght tca hear the app] i call i on.
Jussica Sarven, Amociaate Plvin near, presaarled the stafflrleport. Sha pointed out that the
sale was an R-3 zonied ci arnar lot across ficami thla WI zone, and it was withlin the
Downlcawn RladEavalopmenit D:istricit. She said the appl:iciant prloposaead to partition thlci site
and devellcip two zero lot lime (commor.l wall; urits that would coach be onthl air own lot, so
they ccauld be sold separately. SHe advised that zero lot linea devellcipmear.it was permiittEac
in thla 14-2 zone. SHe advised a duplex oni ones lot wciullc meal setback and lot cicivatage
reaquitements, but d.a partitioned lots did neat, so the applicant was asking) for exceptions
to the A-2 zone start dards. SHe advised that 1ha site was also subj ecil to Dlownl own
Rac eivelopmeant 11istrict Dasi gni standards, but it was so cilosea to 1ha RI -6 acina that the
® applicant was asklinig for axcieptionis to thle Design Dlistricit standard thlat called for usa of
mimicinry ori the glrcaund fici ar in ordear to mide )hair davalopment relale batter to R-6
devalopintint. SHa mid llhea DeAgn Disllrict allayed such excepticiris'ifltha design was
aomplementafy to the surrounding arena. She said the applicant had submitted
photographs cif A] surrounding dwellings within 200 feeat oflthle situ to demonislrata thlay
featured variad, but "trlad:itior.ial" cHaraciterl, and nonia of thami featured masonry
pradomiiniantly on thEa ground floor. Sha reported that sataff found the proposad design meat
thle DRDID eaxaepticins ciritenia. Sha rleportad that the exceptions to PJ -2 zcaning sitandardsi
could ba grantad if 1ha applicant showed that was eaqual tca or betlerl than the result oflthal
could ba constructed strictlN acaordinig to tha standards, and that the result would relate
betilar tca the street and the nieighlbois. She advised that in making their decision, thla
Commisslicin was allowed to conisiderl the patllern and eharaciten cif l developmaril within 20CI
fecal of the site. She said the zoning exceptions would readucae 1ha fnonit salback to
acaaommodata porahesi, naduaa thea rear satback, and raducie IIla parcanitage oftlot coverage.
She advised thle First Addition Naighborhood (PIAN) Flan ear..iaouraged ownut occupied
housing and garage aciaess via allanaysa, it ciallad for a varially of housiinig typas arc
provided that adjacanl higher density Housiingl was r.ical tca adversely affect single-family
development. Slee sand the prcaposed front alavation would be buffered by an unimproved
r:ighlt-cif�way and it would miaet FAN'S goal tca maintain rural streall charaater because it
preserved axislinig trees and d:id r.ical :imiprcava C Avenue; excapl to inisllal:l two gravelled
parkiing spacim tHat FIIAN asked for. She notEac tHal staff had also cionsidareac Residential
lnf:ill Design (RID) arituria and found the propcasal would rasult sin a strucilura that miat car
® was betlet than what 1ha standards of 1ha R-2 acina alllowed. She recommaridad approval
oflthe application, subjaat to the coniditicins raaommended by staff.
City aflLal+e Osm egai Develapmenil RkMewi Cointnissicin Pap 21 aflf
Miniules cif June ISI, X10(
During The quaslioniinig period, Ms. Sarver c larifieid thal iflthle applicant hoc proposed ai
® duplax on oriel lel, they would still] neac an exception to lha C Avenue seitback, and the
setback of a smlal.l projeciliori off tha rear yard of the west until. Sha reportac thlail shei had
investigated aomplainlls ralalad to noticia and had fournc noticla had buena mailad bath) to
tha post offuiei box and to tha resident of tha proparty of ona owneir, and that another
ciamlplainianll was r.ial within the ?I00 -foot radius for notilcia. Sha pointed out than the
apfIlicaml Had cartifieid thal thlay Had posted propar r.iatica. When Chair T;ieirnay asked
what thle Clity was doing to maintain sing.la family hlousir.ia in FAN, staff reilatac thal a
Council-appairlted laisk farce hac ; ust aglyded 11a recommar.ic thal all] singla family hlomas
were to ba subject to design raview.. They axplained that the R-2 zonie around the sile hac
previously t ereni zoned EC and R -O unlil FAN astlad for ai betilar transilioni to the
naightarhood. Mr. Boonie aidvisec thal 2004 Code Amendmanls appl ad Infill Standards
ila "residernlial dwellings" - not; ust "'singlla farrtily dwe:llinigs." Mr. Meisburgar asked ifl
tha BAN Alan actually appllied la the site. He also wanted to ILdow why thle davalopen was
addreissing tha adjacent zonie, rather than the R-2 zoning of tha sits. Staff advised the site
was within FAN, so besides RID criilaria, which) cransidarac whather ilha design was
compait:iblle with sunounding structures within ai speciific cistance, RAN design gu:idelinies
also appl:iac . Thus, ilha propased dasian had lobe comFatit le with that of nearby R4
strucilureis and better than whart was requ:irac ini the underllyiri8 zonae and tha ad'acenit zone.
Ihay cilanifieid that the R-2 zonie hac nio density or minimum .'lot size requiremar.its, but
olhem :limitations meant tha devellopmar.it caulc not ba four units. That' explained 11ha
applicant had submiilted ai revised axhibit that showed lass lot acivaraigle eifler lhay had
ramovad a previously proposed covaned porch. Whar.i Mr. Needharn asked fon eividenica
® that appraving the partition waulld enicounage owner oacupied units, lhlay aciknawledgac
thane was no guaranlee, but the unils warn mora likaly to be ownar oaaupied iflthey wara
on their own lots. Staff nefarrac to wni lien laslimony asking lhlat lhere nal be a garaga on
fl`f Straat and advised thlare was no R-2 stanc.arc than waulc prohibit that-, and ahlhaugh
staff l had ar. icouragad tha app hi cant to tab a aacess off tha all l eywaN , l hay agnaeid tha
proposed design was a bettar design bacausa til leifl a beviar pedestrian streeilsciape along C
Avenue.
A ppliesint
Michael and SlhOla Carbon, 444 61' stint et'exp lained than DINnfbrd Clafitaa
Managlament was lheir fbimil.y businass. They said that' wanled 11hei dewiloprnlant to fil the
neighborhoad and thaN fell partitioning tha sits :into two .lots would most likely Ileiad to
more awner occupied housirig :in the naighbarhood. That' rellated thlat almost H% ofltha
notica mailing list vias to renters. Ms. Carlson presented Exhibit E-141Ihat showad tha
typal of traditional dataills an other strucllureis in tha neighborhood thal thei new structura
wauld allso f6ature. She said the appliaar.it planned the devellcipmar..it aifller itey had
consulted an art oriist, survaNad tha trelers, and daterm;inec how to save the most signifwanl
trees ori thea site. She pointed out oria gr alga was below grada and eiccessac via the
alleyway and the athar, accassed v:ia 5 Street, fi:atuned a raised driveway with special
tubas undamciaith tI at allowed gas axchangla that bane f ted tree roots. She recalled peiople
attending the naight orhlood maeitiryg I ad suggest,& a wrapped parch, but that could nal be
® done bacause itracluirad even mora lal acivarage. Shea stressad thal tha applicant was
asking fUr the axcepticins to seitbaclds in ordar to make the c evalopment betllar and to allow
City of Lde Oswelp Devedcipmanll Rleiviewi Commissian Pagel 3 of f
Kral es cif ]unei 11 % XIN
it to haua porchles and marialion :in plane along tha C Amenue elaviaalion. Sha notad thea
applicant Was cin! y askinag for a .mriall exicaplion to lot aouerage. During the qua;ationing
® pericad, she diiscussead the materials board. TI Commissioners asked abaut design
arliculalion on tha buillding. The applicant acanfirmiad oneganage alevalion still protruded
ttifeaa fiaert beryond thea Houses in cardear to atloid treae roots. shay cllarifiead ona unit was riot
sitllinig diracitly an the earth, but ilha "standanc" distance at ove it, and thle alhor howia was
one focal higher thlan thea first. 'flhay po ntic out lhlea two unils Had dififcaranl roof liaighis
and tblere w€era several different planes in the fiicanl elevatican, C cammiiss:ioncar Nuadharn
said ha liked thea poiichl design, but ha wcandmac why the applicant caould not keeap thea
sitructura withlin th a allowable anvalope. Thea appliciant eVlainac they r.iaeded a flava miorei
square fcaet fdr the front porcahl, and theay needed a small] uharagei in s€ilbacks to sile a zaro
]cal lina duplex can a siila diivideid iintca twa lots. Mr. Bcacanea advised thea Commissioners thal
thea purposes of tha RID prouass was to alllcaw za design That went bayonc the zone's cllaar
and objeclive-standards iflit was equal to on beittcir than ana thal would be allowed undor
1ha standards, Hlei noted thlat whlean a s.ilea was ona th a eadgea of its zonae, the RID process
acauld hle:lp softan the zone's hlard eadgeas and maka tha site sarva as a tnansitican to the
naightarHood. Ha notad the FAN Pllan called fear an overall single-family look. He
ciautioned tblat "blardsly p" (which was a consic eiratiian in a var. areae rEaqucist; was r..acal a
fhcitor Ica be cionsidm ad in ibis case. Mr. Neiadharn cabserved thle applicant could simply
racucia;thea propcased mass and stay withiri thea requined sealbacks. The appliciant eimplainead
they proposead a das:ign that raquiried th ei cixaeaptions becaausea it was a butler, more
intenestiing ceisiign. Mr. Carlson eomaeirited that they caul C' have proposed one larga flat
front eleavaation, or a de;aign ;similar to that oflthea buiding nea;al to the siila. He saic anytHing
1ha appllicant propcased would bee an improvement over tha neighboring house..
® Propomintsa (Nene)
11
d pponenbi
Peter_ c Pir.,_449_C_Avenue, nefcirread to his June 51; a( 06, latter to the Commiission. He
a acal l ed standards 1 hat provided the development wags to hava a goad velal ionship to th e
straet and tha neighlboris and riespecl adjacent archlilacturea. Ha questioned whethar tha 5''h
9treaet elevation, with a snout house lype garage, contributed to thea pedastriian
environment on 5" Street. He enicouragead the Clcamimii;lsiorners lca consider 1hat.
NeitHeir fan_nan A gaiin st (Nona)
Rebuttal
Ms. Carlson said 1he appli cant wara senaitiivea to the street earivironmanat arae planned two
addilionaal, sinagle-ua>t, landscaped park, ng spots in the put]lic right-of-way on C Avenue.
THerea Arnie to be three parking spaces per unit. Thea appllicant clarified the uniils wou.1d
have 100 sq. fit. basement areas that. could be used fbri stcanagei. Mr. Meisburgeri noticied
11 ha C Avenue seucand fl ocar of the west unit featured a c cam ear thal looked "un connacteid."
Thea app:liciant emplaiinead it was apean to a den facami underneath it. When invited, no one
ciamae fdrwuard to testify regarding this aspect
City cif U-6 a Oswe€ia Dewilcipmenli Meviewi Commissian Nge 4 of f
Minutes ofJunei ISI, 3CIOf
Na ona raquastac thal thea record bei held opan tca recaive ac ditiona:l writtcin evidencaci or
testimony. Chair Tierney cdosad tha public hean'ing. The applicant waived Ilia r riigHt to
® additional timca in whish to submit a final written argument.
Del ibfinationis
NU. Neadhama agraeid tHall tha request 10 reducca the front setback in eardcar to accomrr cidate
porahcas miade-sensa. Howevcar, he quaslioried why applicant in gran€iral aould not tuild a
suffrciantly articulated ceis:ign wilhin tha footprint allowed by the claar and cabjactiva
standards oft -He 2canci, easpecaia:lly in a oa:aci wheire lhei applicant was only requesting a onci-
fbot exception. Slaff-adv:ised the R-2 zona was not subjcacat to Residential Infill Design
standards, but it was subject to Downtown Redeivalopment Dlcasign Dlistriet standards.
Howavar, the RID process could ba uaeid thdra to ensura design eompaalibillity, and it
would allow a nicer, more aompatit le cl assign, civcn if dle design cid not meet the zone's
standards. Ms. C stly advised that a small ciN caeptil on could Help aacaommodatc gooc
dashgln. She recalled lhei Com missionars weirs 11a consider whetHer the proposeid dcisign
was ccainpaitiNca, and no argumcinl rellaited to "hardship" applicid in lhlis case. Mr. Boonei
adviseid the Commiss:ioncirs to consider whether the prollosed das:ign lIthlait did not meel
1he calear and objciativci slandards oflthca zone) rasu.11ed in an eaqual cir beincir design than
wHat could t a acihieved under the 2onei standards. As an exampki, hei caxpllainied lHat if a
"squarei box" aoulc be oonstruciled under thle clear and objaaativa standards, the
Clomiri.sioners sHould determine if the proposcid design was equal to cir battcar tHan a
square box. Mr. Aishvaie ac dad thal thea choiea of m atariials was an important factor, also.
Mr. Naedhlam agreied Ilia appal i cant shou:l d ncil be required to appal y masonry to Ilia ground
®
floor, but he indicailad he clucistioncid why an eipplicanl should be allowed a one -foot
eixceptican instead oflbe:ing raquired tca slay within the all1awaNci footprint_ Tllhe staff
expla:incic the purpose cif lthe RIDI pnocass wars to allow more disaretican in das:ign than thle
varianaci priocess in cardcar to aahieva gooc design. MIs. C stly necaallled during) here serviicae
on the Infill Task Aorcae Ilia group Had saein examples of good cl asigns that ilhay )liked That
did not meat tha clear and objective standards: She said they fcilt it was mora nmpartant to
a:llcaw glood casign. Mn. Mciisbungen and MIs. Cstly advised that reiduaing a housci by one
foot cacaulc affleat usability of rcioms, and rciduaingl more than cine seatbaek could maan ai
very) large rcacucation in the main floor arcia. Mr. Needham. asked wh} not rei-zone Thei sitei?
Mr. Boone adviscid RID standards cid not apply 11a the site's zone, but the RID proeass
cQuad be applied 1haiie ladetcarmine whether the prollosed dasigln thlat was squad or befleri
than could t ci bui.11 under Ilia underilying zone standards. He clarified fon the
Commissioners tHat the pracaposa:l was nal cionsideiied Major Ilcavelopment, and the
app] icalion was being haard by thea Commission urden Ilia RID process.
7I1lho Commilssionaiis thlen discussed tha issuci of tha garaga accaess and design. Mi.
Me:isbuiigav necial:lcac the applicant had explained tHay wariled Ica avoid impa(ating el tnaer.
He inidieal ed He was eor.ieernied eibcaul the design. of C Avenue, second f locar dormen l:h ait,
c id not seam to neilale welll to The pori(ih rocafl below i1. Ha sug gastad thea porch das:ign
could be modificad to dEaeamphasi'ze the garage. Ms. Sarvar confirmed tHail staff hac
considearad asking tha applicaant to m od:ify a poncih and des:i_gn a sma:lIen, wrappad porahl on
the front e:cavait:ion. But shle ac viscid that to da tHail wcaulld increase the lot covenage to
® 31%, vuhlicH was oven thle 1ca1a1 limit oft fIfI% covenagca. Chain Tllierniey eixplained tHat He
would bei reluatanil to add a eonc it:ion that would axpand lot coveriaga because hes neaciallad
City of Lakes Clswugo DeivalopIrriarit Ravieiw Commissiori Palle `I of 6
Mint tas of h nu 191, 210(16
lhla applicant had ilaslified they had considdred That dus`ign modification; but had been
cioncierned pit would result in too much 11al covaraga. Mr. ]Toone recal led lhlat the applicant
is had not aslded fdr that amount oflincneasa in lot uoveinage, and thei :legal noilice of thea
heaning blad nal :ind:iciated that, either, but ha advised that if thea Comm:isaion deilarminad a
ciondition was necessary to require the applicant to put on a porch, and tr at affecilad lot
ciovemage, and pit was a small item thall had no majorranchiilactunal imipaats, hei believad the
C ommission blad authority to grand tha additional ciovemage. Mn: Necic hams and Ms. C stlN
irc icailad thlay could agnea ilo allow aide it:ional lot covenaga :in ander to mioc ify tha poach
design.
M n. MeisHu rger momcd 11 ci approme IJU 06-0016, su bljec it to tb a curd itions
neicombicnded HN staffland additional cianditions 11hat the porch design .was to be as
originall3 suhinitted in Exhibit E11 with relaitcd eixpansicln ofllot ciomemaigei. Stafflwas
to provide a new exh:ib:il showing the ponah'design and cialaulat:ing the reilateid expandad
lot ciovaraga in the final ardar. Ms. Cstly second ed the motion and tha appliciant was
askad to ciamment. Ms. Carlson acinfiirmed ilhat 1ha applicanil. agneeid With the new
cionditions. The micition passed 4:0. CHain Tiarnq announcied lhei final vote wauld be
held on July _`, 2006, at E p.m.
VII: GENERAL PIIANNING A C1IHEM BUISINESS
Thei staff cionfirmed th a Ilak a Grove Vlillaga Cenilem planning praciess was ongoing.
VIII. AIIJCURNMEN11
® Theira being not furthlar business Chain Tiarnay adjourned the rrieieting at 81:59 p. m.
1]
Rkispecilfully submitlled,
a&Al-
J ice Badem
A dm:i n:i stral ive Support III
U dra\minules'06-I9-06.doc
City oflLake CJlswega Ileveloplmer.t Review C ammissior Fla€le f of 6
M.iniutes of June 19, 30C16