Approved Minutes - 2000-12-18CITY OF LAKE OSWEGO
DEVELOPMENT REVIEW COMMISSION MINUTES
December 18, 2000
I. CALL TO ORDER
Vice Chair Nan Binkley called the Development Review Commission meeting of December
18, 2000, to order at 7:00 PM in the Council Chambers of City Hall, at 380 "A" Avenue,
Lake Oswego, Oregon.
II. ROLL CALL
Commission members present included Vice Chair Binkley and Commissioners Julie
Morales, Sheila Ostly and Dave Powers. Chair Douglas Cushing and Commissioner
Bruce Miller were excused.
Staff present were Hamid Pishvaie, Development Review Manager; Michael R. Wheeler,
Associate Planner; Elizabeth Jacob, Associate Planner; Evan Boone, Deputy City
Attorney and Janice Bader, Senior Secretary.
III. APPROVAL OF MINUTES
None.
IV. OTHER BUSINESS - Findings, Conclusions and Order
None.
V. PUBLIC HEARING
LU 00-0072, a request by Steve and Doris Baird for approval of a Conditional Use
Permit to convert an existing single family dwelling into a Montessori School. The
application also proposed to add more parking and additional landscaping to the site. The
site is located at 4320 Douglas Way (Tax Lot 13800 of Tax Map 21E 8BC). The staff
coordinator is Michael. R. Wheeler, Associate Hanner. The hearing had been continued
from November 6, 2000 and December 4, 2000.
Ms. Binkley opened the public hearing and explained the procedures and time limits to be
followed. She asked Commission members to report any ex parte contacts, site visits,
biases or conflicts of interest. All Commissioners present indicated they had visited the
site. Ms. Binkley reported that she had listened to the taped record of the previous
hearing. She then asked if any person in attendance desired to challenge any
Commissioner's right to hear the application. No one presented such a challenge.
Ms. Binkley recalled that the hearing had been continued to allow submission of
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additional written evidence. The applicant waived their right to additional time in which
to submit a final written argument. Ms. Binkley closed the public hearing and opened
deliberations.
Deliberations
Ms. Ostly recalled that the staff has recommended approval of the application, subject to
conditions that related to parking and tree removal. Ms. Morales observed that a large
number of school children passed the site on their way to a nearby school and she worried
about their safety. She also recalled that the staff had advised that if the owners lived at
the site, no conditional use approval would be necessary.
The staff clarified the required setbacks for Ms. Binkley. She indicated that she believed
the proposal was not in keeping with the intent of the Comprehensive Plan to preserve the
residential character of the neighborhood. However, she also observed that if the owners
resided there they would not need Conditional Use Permit to use the site for daycare
purposes.
Ms. Ostly indicated she also worried about pedestrian safety at the site. Mr. Powers
indicated that he was concerned about the parking proposal for the site.
Ms. Ostly moved for denial of LU 00-0072. Ms. Morales seconded the motion and it
passed with Ms. Morales, Ms. Binkley, Mr. Powers and Ms. Ostly voting yes. Mr.
Cushing and Mr. Miller were not present. Ms. Binkley announced that the final vote on
the findings, conclusions and order would be held on January 3, 2001.
AP 00-19/[LU 00-00101, an appeal by Mark Santos of the Planning Director's decision
approving a lot line adjustment between two existing lots and creating two new parcels
from the adjusted Tax Lot 500. The applicant is Residential Consulting and Building.
The site is located at 752 and 753 Lakeshore Road (Tax lots 400 & 500 of Tax Map 21E
I OBD). The staff coordinator is Michael R. Wheeler, Associate Planner.
Vice Chair Binkley opened the public hearing and explained the procedures and time
limits to be followed. She asked Commission members to report any ex parte contacts,
site visits, biases or conflicts of interest. All Comnissioners present reported they had
visited the site. Ms. Binkley asked if any person in attendance desired to challenge any
Commissioner's right to hear the application. No one presented such a challenge.
Evan Boone, Deputy City Attorney, related that the applicant had submitted proposed
new language to address the setback issue if the Commission found it was
nonconforming. He also related that staff was prepared to provide the Commission with
their recommendation regarding that aspect of the proposal if the Commission requested
it. He related that the applicant had waived her right to additional time in which to
submit a final written argument. Ms. Binkley closed the public hearing and opened
deliberations.
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Deliberations
Ms. Ostly observed that the applicant had included a —2 -foot setback at the adjacent
property in calculating the average setback in the area, and she asked if the City had ever
allowed a negative setback. Mr. Boone advised that the negative setback could not be
used because the City required a structure's setback to be measured from the property
line, and one property owner's yard could not be on another person's property.
Ms. Binkley recalled that the owner of an adjacent house on Tax Lot 400 had not been
required to remove part of their garage in order to obtain a variance remodel the structure.
Mr. Wheeler observed that house had been constructed in the 1930's. He confirmed that
because the applicant's louse had been built at a time when City Codes were applicable,
her house was not legally nonconforming, and it appeared that a portion of the front deck
might need to be removed to resolve that issue.
Mr. Powers observed that documents provided by the architect included findings that
were not reflected in City records. Mr. Boone advised that if the Commission found the
house was not legally nonconforming, they should address the issue of a 1.1 -foot deficit
in the setback. He noted the staff was prepared to make a recommendation regarding
how to deal with the deficit without destroying a portion of the house. Mr. Wheeler
explained that the level of nonconformity had become clearer as the case evolved, and a
deficit that staff had initially believed was as large as 15 feet had later been reduced to
1.1 -feet.
Mr. Boone observed that the City had issued a permit at the time the house was built but
staff could find no record showing the constructed house conformed to the Code
requirement at that time that allowed an averaged setback, and no record that a setback
variance had been granted. He clarified for the Commission that the staff recommended
the setback average be calculated using a setback of zero and not —2 feet for the adjacent
property, which would result in an average area setback of 6.8 feet. He said the
Commission could find that owners of the site had permission to base their setback on
area averaged setbacks, but that they went beyond that at the time of construction,
resulting in a setback that was 1.1 foot less that required. He advised that if that was a
finding, the Commission could require the house to be brought into compliance with the
setback requirement. He explained that the applicant could apply for a variance to reduce
the averaged setback by 1.1 feet; or the applicant could request a lot line adjustment to
extend the lot line by 1.1 feet.
Ms. Morales asked about the age of the deck. Mr. Wheeler observed that it appeared to
be in good condition, the staff had no evidence as to whether it had been replaced since
the house had been built, and there was no record that a permit had been granted to
replace it.
Mr. Boone recalled the applicant had testified that she would bring the house into
compliance with the setback requirement one way or another, perhaps by seeking a
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variance or a street vacation to allow the property line to be relocated outward by
approximately a foot. Ms. Binkley noted that the applicant's letter in Exhibit S, page 4,
proposed a change in the language in recommended Condition A(1)(a).
Ms. Morales moved for denial of AP 00-19 [and approval of LU 00-0010, subject to
the conditions in the staff report, with a modification of Condition A(1)(a) to reflect
the language recommended in Exhibit S. Mr. Powers seconded the motion and it
passed with Ms. Morales, Ms. Binkley, Mr. Powers and Ms. Ostly voting yes. Mr.
Cushing and Mr. Miller were not present. Ms. Binkley announced that the final vote on
the case would take place at the January 3, 2001, DRC meeting.
LU 00-0071, a request by Avamere Development for approval of the following:
• Construction of a 56 -unit Alzheimer's Senior Care Facility
• Establishment of a Protection Area for a Resource Conservation district along the
southerly portion of the property.
• Removal of 170 trees.
The site is located at 4550 Carman Drive. The staff coordinator is Elizabeth Jacob,
Associate Planner.
Hamid Pishvaie, Development Review Manager, related that the applicant had
requested that the hearing be continued to January 3, 2001, and had waived the 120 -day
time limit for review of the application.
Ms. Morales moved to continue LU 00-007 to January 3, 2001. Mr. Powers seconded
the motion and it passed with Ms. Morales, Ms. Binkley, Mr. Powers and Ms. Ostly
voting yes. Mr. Cushing and Mr. Miller were not present.
VI. GENERAL PLANNING
None.
VII. ADJOURNMENT
There being no further business before the Development Review Commission Vice Chair
Binkley adjourned the meeting at 8:05 PM.
Respectfully submitted.
Janice Bader
Senior Secretary
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