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City of Lake Oswego
Development Review Commission Minutes
� November 2, 2009
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I. CALL TO ORDER
Chair Stadnik called the Development Review Commission meeting of November
2, 2009, to order at 6:04 p.m. in the Council Chambers of City Hall at 380 "A"
Avenue, Lake Oswego, Oregon.
II. ROLL CALL
Commissioners present: Chair Krystyna Stadnik; Vice Chair Alby Heredia, Bob
Needham, Don Richards and Peter Scott. Gregg B. Creighton and Frank Rossi
were not present. Staff present: Hamid Pishvaie, Assistant Planning Director;
Jessica Numanoglu, Associate Planner; Evan Boone, Deputy City Attorney; and
Jean Hall, Administrative Support.
III. ELECTION OF OFFICERS (postponed)
IV. MINUTES (None)
Mr. Heredia moved to approve the Minutes of August 3, 2009. Mr. Richards
seconded the motion and it passed 3:0. Needham and Richards abstained.
Mr. Heredia moved to approve the Minutes of August 17, 2009. Ms. Stadnik
seconded the motion and it passed 3:0. Need and Richards abstained.
Mr. Richards moved to approve the Minutes of September 9, 2009 corrected to
delete "placement of balloons" on page 4. Mr. Heredia seconded the motion and
it passed 3:0. Needham and Stadnik abstained.
Mr. Richards moved to approve the Minutes of September 21, 2009. Mr. Heredia
seconded the motion and it passed 5:0.
V. PUBLIC HEARING
LU 09-0032, a request by Glen McClendon and David & Susan Bartz for a lot line
adjustment between Tax Lots 200 and 400. A lot line adjustment is classified as
a ministerial development application by LOC 50.79.010(2)(d) because the
standards are clear and objective and do not require interpretation or the exercise
of policy or legal judgment. Ministerial applications are usually reviewed and a
decision issued by the Planning and Building Services Department. However, the
subject site was located within the Willamette River Greenway and LOC
50.15.010(1) and (2) required the decision to be made by the Development
Review Commission.
Location of property: 3188 and 3242 Glenmorrie Drive (Tax Lots 200 and 400
of Tax Map 21E 11 CD).
Chair Stadnik opened the hearing. Deputy City Attorney Boone asked the
Commissioners to declare any ex parte contact, bias or conflict of interest. Mr.
Heredia reported he had appraised the Bartz property during the past year.
Other Commissioners explained their profession, and there was no challenge to
any Commissioner's ability to hear the case.
Staff Report
Jessica Numanoglu, Associate Planner, presented the staff report ( dated
October 23'1 ; Staff Memorandum dated October 30th; and the staff handout on
November 2, 2009). She advised that the application met applicable zoning and
development standards and that the Willamette Greenway District had no
standards for lot line adjustment. She pointed out the applicants had written to
request modifications to staff-recommended conditions of approval A(3) and C
(see Exhibit F-3). They wanted nine months to record the deed. One of the
properties was for sale and they were concerned that amending the deed right
away would cloud the title and complicate the future real estate transaction. She
explained the originally recommended conditions set a 30-day time limit that had
been a standard City condition for lot line adjustments for many years. It had
never caused a problem. But staff had modified the recommended conditions of
approval to address this concern.
Mr. Boone explained the City was trying to avoid a situation where a tiny, non-
standard, sliver of a lot might be created if Mr. Bartz was foreclosed on and the
trust deed company took over their property, but had no interest in the sliver.
Staff had just handed out revised conditions to address that. Condition B(2)
required Mr. Bartz to convey the sliver of property back to Mr. McClendon in the
event the Bartz property was foreclosed on before the trust deed was amended.
Mr. Boone related the applicants' attorney had agreed to this change. He
confirmed that recommended Condition A(3) could be eliminated because the
City already had a preliminary title report. He confirmed that staff now agreed to
modify recommended Condition C to allow the applicants nine months, instead of
30 days.
Mr. Needham commented that a sentence in the handout was extremely long and
hard to understand. Ms. Numanoglu said staff would refine it in the Findings,
Conclusions and Order document.
City of Lake Oswego Development Review Commission Page 2 of 3
Minutes of November 2, 2009
Applicant
Terry Hauck, Schwabe, Williamson & Wyatt, 1211 SW 5th Ave., Ste. 1900,
Portland, Oregon 97204, represented David and Susan Bartz. He confirmed they
could agree to the substantive conditions and they understood them, but they
saw no reason for the last sentence in C that began, "Failure to comply..." They
had also just found a "glitch" in the recommended conditions: Staff referred to a
"deed' and said that meant, "Trust deed." But there was no trust deed. His
clients wanted the final plan to be recorded immediately, but they wanted more
time to record the lot line adjustment deed. That was because Mr. McClendon
wanted to convey a sliver of his land to Mr. Bartz, and sell the rest. But he
needed time to find a buyer. Once he had, Mr. Bartz would modify their trust
deed to include the sliver. To record it sooner might complicate the appraisal and
loan qualification process. Mr. Boone explained the applicants had convinced
staff. The revised conditions that required a conveyance back ensured that no
sliver lot would be created. Staff would agree to strike the last sentence of C
beginning, "Failure to comply..."
Mr. Boone advised the Commissioners to approve LU 09-0032 in substantial form
if they wanted staff to refine the language in the Findings, Conclusions and Order.
He confirmed to Mr. Needham that staff recommended striking the last sentence
of Condition C and extending the 30-day period to nine months.
Mr. Needham moved to approve LU 09-0032 subject to the conditions
recommended by staff, including the additional revisions in the handout. Mr.
Richards seconded the motion and it passed 5:0. Mr. Pishvaie announced the
final vote would be conducted at the November 16, 2009, DRC meeting.
VI. GENERAL PLANNING & OTHER BUSINESS (None)
VII. ADJOURNMENT
There being no further business Chair Stadnik adjourned the meeting at
6:30 p.m.
Respectfully submitted,
IQ-011414k°
Janice Reynolds
Administrative Support
Lldre\mi n utes111-02-09.doc
City of Lake Oswego Development Review Commission Page 3 of 3
Minutes of November 2, 2009