Approved Minutes - 2018-09-24 APPROVED
City of Lake Oswego Development Review Commission
Minutes of September 24, 2018 Page 1 of 3
CITY OF LAKE OSWEGO
Development Review Commission Minutes
Monday, September 24, 2018
The Commissioners convened at 6:00 p.m. in the Council Workroom of City Hall, 380 A Avenue.
Members present: Chair David Poulson (via phone), Vice Chair Brent Ahrend (via phone); Paden
Prichard, Kirk Smith (via phone), and Jason Frankel
Members absent: Jeff Shearer
Staff present: Jessica Numanoglu, Planning Manager, Evan Boone, Deputy City Attorney,
Barb Dillinger, Administrative Support
FINDINGS
LU 17-0084, a request by Sangeeta Kamineni for approval of the following:
• A 6-lot subdivision with a private street. Five of the lots will be flag lots (Lots 2-6);
• Buffer averaging of the previously delineated RP District, per LOC 50.05.010.6.b.iii; and
• Removal of 27 trees to accommodate the project (Additional trees will be removed under
separate Invasive and Dead tree removal permits).
The site is located at 1107 Yates Street (21E10DD01300). Staff coordinator is Debra Andreades,
Senior Planner.
Mr. Ahrend stated that the buffering averaging was not now being considered. Mr. Boone stated
that staff findings were written minus the buffer reduction request.
Commissioner Smith stated he raised a question in an email to Mr. Boone. He asked why the
finding that the lots are flag lots was included in the Findings even though it was not voted on by
the Commission. Mr. Boone stated that the flag lot question was addressed in the findings because
it was raised by Mr. Mattersdorf at the hearing; therefore it has to be addressed in the findings.
Since the DRC voted to approve the project with the exception of the RP buffer reduction, staff
took that to mean that the balance of the criteria and standards were approvable with the exception
of the buffer reduction request. Staff took that to mean that the proposed flag lot subdivision was
approved.
Commissioner Smith asked if an issue is raised, does the DRC have to address that specifically in
the findings. Mr. Boone said that the issue must be addressed in the findings; e.g. whether it met or
did not meet the criteria and standards. Mr. Boone said the Commission should approve the
project if the criteria are met and not approve it if criteria are not met.
Mr. Boone said the definition of flag lot is in the Lake Oswego Code; the actual building site being
behind another lot. It is not up to the DRC to define a flag lot. Mr. Smith opined that the DRC’s
findings on this project may be used as precedence in future land use cases. Mr. Boone cited
Council’s finding on flag lots in the Cedar Street Subdivision as an example, stating that the DRC
could use that interpretation as precedence. Mr. Boone said that if there is another definition the
DRC wants to use, it would have to be articulated.
APPROVED
City of Lake Oswego Development Review Commission
Minutes of September 24, 2018 Page 2 of 3
Commissioner Prichard disagreed that this was a strict interpretation of the Lake Oswego Code
flag lot definition. He stated he agrees with Commissioner Smith, not using LU 14-0046 [Cedar
Street Subdivision] as the definition of a flag lots and applying that same logic to this case.
Commissioner Ahrend recalled the flag lot issue being raised by Mr. Prichard, but that he still voted
to approve the flag lots. The only exception to the subdivision approval was the buffer averaging.
After the Commission hearing, Commissioner Prichard subsequently decided to change his vote to
a “no” on this application, informing staff of the change.
Mr. Ahrend stated there are 2 “no” votes, himself and Commissioner Prichard. Chair Poulson said
he had no problems with the flag lots. Commissioner Frankel said the Cedar Street Subdivision
was being used as an example and the Code definition is still valid. A question was asked whether
this new definition can be used as precedence. Ms. Numanoglu noted that the flag lot standards
changed after this application was submitted. Mr. Boone said the definition of flag lot hasn’t
changed; but the number of flag lots allowed (on a flag street) has changed. A question was raised
by Mr. Ahrend about using this new definition as precedent. Per Mr. Boone, the point of adopting
findings is so that the rationale of the Commission can be memorialized and used for LUBA or
Council appeals. Mr. Prichard asked if lines 42 through 49 could be struck; the whole part about
Cedar Street? Ms. Numanoglu walked through the staff analysis of how the proposed subdivision
met the code definition of flag lots, stating Lots 2-6 are all located behind another lot and all take
access from an access lane.
Chair Poulson stated that looking at the logic of it, if the DRC is accepting the findings and the
definition of the flag lot as defined in existing code, and not depend on the precedent of the Cedar
Street project, then there is no problem being consistent with the Commission’s previous vote. If
there is a provision that says flag lots should only follow the Cedar Street precedent, he didn’t
recall any discussion or vote on that premise. Ms. Numanoglu said staff did not rely on that
precedent, but only brought it as an example. Chair Poulson opined it was a supportive element to
the Commission for their decision-making.
Mr. Smith said if a new definition is now the precedent, he would withdraw his second and
affirmative vote.
Chair Poulson asked if language can be changed to reference the Cedar Street Subdivision as an
example only, and explain how the proposed subdivision is a flag lot subdivision per the code
interpretation.
Ms. Numanoglu asked if the staff report could just be referenced as the finding for flag lots. Mr.
Boone said that the staff findings did not go into enough detail and discussion about the criteria
being met.
Discussion ensued about whether there would be an affirmative vote by members of the
Commission.
Calling for the vote, Chair Poulson moved to approve the findings with no modifications for LU 17-
0084 for a 6-lot subdivision, seconded by Commissioner Frankel, and motion failed 2:3.
Commissioner Smith moved to approve findings for LU 17-0084, less Item 3, seconded by Chair
Poulson; and motion passed 3:2.
The next meeting of the DRC is October 1, 2018 at 7:00 PM.
ADJOURNMENT
Chair Poulson adjourned the meeting at 6:30 pm.
APPROVED
City of Lake Oswego Development Review Commission
Minutes of September 24, 2018 Page 3 of 3
Respectfully submitted,
/s/
Kat Kluge
Administrative Support