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Approved Minutes - 2009-11-02 (02) 81-p !;n 1�u►UnK�oS�Ec � l c� o City of Lake Oswego Development Review Commission Minutes � November 2, 2009 EGON 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