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Agenda Item - 2022-09-20 - Number 4.2 - AP 22-04, Continue Adoption of Findings on Tree Removal Application at 541 8th Street 4.2 ❑�c��` �� COUNCIL REPORT ___ 0 OREGOr' Subject: Appeal of the DRC Approval of Type II Tree Removal Application 499-22-000158- TREE (AP 22-04) Meeting Date: September 20, 2022 Staff Member: Evan Boone, City Attorney Pro Tem Report Date: September 14, 2022 Department: City Attorney's Office Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Continue Adoption of Findings, Conclusion and Order to October 4, 2022 Recommended Language for Motion: Move to Continue the Adoption of Findings, Conclusion and Order on AP 22-04 to October 4, 2022 Project/ Issue Relates To: Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable BACKGROUND The Council conducted a consolidated public hearing on appeals by the First Addition Neighbors — Forest Hills Neighborhood Association (FAN), of the Development Review Commission's (Commission) decision to approve applications by Renaissance Custom Homes, LLC for removal of: Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY Page 2 • AP 22-03: Four Douglas-fir trees (30"- 52" DBH) at 529 8T" St. (Tree Removal Application 499-22-000160-TREE), and • AP 22-04: Five trees [a Bigleaf maple (36" DBH) and four Douglas-firs (23"- 47" DBH)] at 541 8th St. (Tree Removal Application 499-22-000158-TREE). The Council separately considered each appeal in its deliberations and: • AP 22-03 (529 8TH St.): The Council continued its deliberation to September 20, 2022. • AP 22-04 (541 8th St.): The Council (5-1) tentatively denied the appeal and approved the application with conditions, which included the conditions of approval in the Commission's decision (the Council also included additional conditions of approval), with directed staff to present written findings, conclusion and order to be brought back to finalize the Council's tentative decision on September 20, 2022. The Commission's conditions include Condition 1: "Approval is contingent on the approval of Tree Removal Application 499-22-000160-TREE, for four trees at 529 8th St, in order to comply with LOC 55.02.080(2), protection of adjacent trees." The tentative decision in AP 22-04 (541 8th St.) was to condition removal upon approval of the companion tree removal application in AP 22-03 (529 8th St.), and the Council is still deliberating on AP 22-03. It is anticipated that the Council will then make a tentative decision and direct that written findings, conclusion and order be presented to the Council at its next meeting, October 4, 2022. Following consultation with the Mayor, I have delayed preparation of written findings for AP 22-04, so that they may be drafted in conjunction with written findings, conclusions and order for AP 22-03. I have notified the applicant's counsel that the findings will not be presented for adoption on September 20. RECOMMENDATION Given that written findings for AP 22-04 have not been prepared, I recommend the Council continue its consideration of adoption of written findings, conclusion and order to October 4, 2022. Respect. Excellence. Trust. Service. 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY