PC Findings Approved LU 22-0008Approved: 01/09/2023
LU 22-0008-2041 Page 1 of 4
BEFORE THE PLANNING COMMISSION 1
OF THE 2
CITY OF LAKE OSWEGO 3
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REQUEST OR AMENDMENTS TO THE ) LU 22-0008 – 2041 5
COMMUNITY DEVELOPMENT CODE, ) (CITY OF LAKE OSWEGO) 6
LOC 50.01.006 NONCONFORMING USES, ) FINDINGS, CONCLUSION & ORDER 7
STRUCTURES, LOTS AND SITE FEATURES, AND ) 8
LOC 50.07.004 ADDITIONAL SUBMITTAL REQUIRE- ) 9
MENTS; AND ADOPTING ORDINANCE 2891. ) 10
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NATURE OF APPLICATION 12
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The City of Lake Oswego is requesting approval of legislative amendments (Ordinance 2891) to 14
the Lake Oswego Community Development Code (CDC) (Lake Oswego Code, Chapter 50) to 15
require conformance to CDC standards when remodeling and redevelopment of existing 16
nonconforming residential structures exceeds certain thresholds. The amendments are to: LOC 17
50.01.006, Nonconforming Uses, Structures, Lots and Site Features; and LOC 50.07.004, 18
Additional Submittal Requirements. 19
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HEARINGS 21
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The Planning Commission (Commission) held a public hearing and considered this application at 23
its meeting on December 12, 2022. The following written testimony was presented to the 24
Commission at its hearing and added to the record: 25
G-1 R. Bregar, dated 12/6/2022 26
G-2 T. Miller, dated 12/07/2022 27
G-3 S. Blauer, dated 12/12/2022 28
G-4 J. Dana, dated 12/12/2022 29
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CRITERIA AND STANDARDS 31
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A. City of Lake Oswego Comprehensive Plan 33
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Land Use Planning 35
Policies A-1, A-2, and D-1 36
Inspiring Spaces and Places 37
Goal 1, Policies 1, 2, 3 and 8 38
Goal 2, Policies 4 (d and e) 39
Complete Neighborhoods & Housing 40
Policies A-4, A-5 and C-7 41
Community Health and Public Safety 42
Sound Quality - Policy 1 43
Approved: 01/09/2023
LU 22-0008-2041 Page 2 of 4
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B. City of Lake Oswego Community Development Code 2
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LOC 50.07.003.16.a Legislative Decisions Defined 4
LOC 50.07.003.16.c Required Notice to DLCD 5
LOC 50.07.003.16.d Planning Commission Recommendation Required 6
LOC 50.07.003.16.e City Council Review and Decision 7
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CONCLUSION 9
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The Planning Commission concludes that the Public Hearing Review Draft of the Code 11
Amendments in Attachment 2 (dated 11/28/2022) of proposed Ordinance 2891 are in 12
compliance with all applicable criteria. 13
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FINDINGS AND REASONS 15
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The Planning Commission incorporates: Exhibit D-1 (Staff Report dated, 11/29/2022, with all 17
exhibits attached thereto), supplemented by the further findings and conclusions set forth 18
herein. In the event of any inconsistency between the supplementary matter herein and the 19
staff reports, the matter herein controls. 20
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Following are the supplementary findings and conclusions of this Commission: 22
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The Commission received oral testimony from four individuals – including persons with building 24
and remodeling experience in Lake Oswego and a representative of the Home Builders 25
Association of Metropolitan Portland – that the proposed 50% threshold for removal of exterior 26
walls (requiring the structure come into conformance) was overly restrictive. They commented 27
that the amendment would make it more difficult to remodel residences, and as a result, the 28
amendment would encourage more demolitions subject to the demolition tax. They 29
recommended setting the standard higher, such that more of a structure may be removed 30
without requiring conformance. Similar testimony was made in writing by a property owner in 31
the First Addition Neighborhood regarding difficulties the proposed amendments would pose in 32
adding onto their house (See Exhibit G-4). No Comprehensive Plan policies or other applicable 33
criteria were cited. 34
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The Commission also received oral testimony from a representative of the Neighborhood Chairs 36
Committee (NCC) that they supported the 50% retention-of-exterior-walls threshold, but did 37
not support the exemption for middle housing development. The NCC testified that the 50% 38
threshold would discourage demolitions, including those that result from failed efforts to 39
preserve one wall, and it would help protect neighborhood character. 40
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LU 22-0008-2041 Page 3 of 4
The Commission finds: 1
1. The 50% retention-of-exterior-walls threshold, and the floor area limit on additions 2
(50% addition, or up to 90% of maximum floor area), balance flexibility for development 3
with neighborhood character and avoid impacts on neighboring properties, consistent 4
with Comprehensive Plan Policy A-2. The amendments also maintain current variance 5
procedures to address unique and difficult site conditions, consistent with Policy A-2. 6
7
With respect to Exhibit G-4, the owner has a 1,100 square foot house that is one story 8
and sits on a 6,000 square foot lot (676 9th Street) in the R-6 zone. The owner states, “it 9
would be impossible for us to make a meaningful, but small addition if we are required 10
to bring our nearly one hundred year old home into today’s code standards.” However, 11
the proposed code amendment allows the owner of 676 9th Street to add onto their 12
house provided the total floor area does not exceed 90% of the maximum permitted by 13
the zone. On a 6,000 square foot lot in the R-6 zone, the Community Development Code 14
(LOC Chapter 50, Table 50.04.001-3) allows: 2,750 square feet total floor area per 15
dwelling, or 3,250 square feet of floor area per dwelling including a garage. Ninety 16
percent (90%) of the maximum is, 2,475 square feet without a garage, and or 2,950 17
square feet with a garage. The Commission concludes that the proposed amendment 18
affords ample opportunity for additions to 676 9th Street, provided the structure is not 19
demolished (at least 50% of the exterior walls and perimeter foundation are retained). 20
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2. The amendments are designed to improve predictability in the permit process by 22
providing objective and quantitative standards for the continuation of residential 23
nonconformities, consistent with State Planning statutes for needed housing (including 24
ORS 197.307(4)), and are consistent the Comprehensive Plan’s Complete 25
Neighborhoods and Housing Chapter. 26
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3. The proposal is consistent with House Bill 2001 (OAR 660, Division 46 – Middle Housing), 28
as the proposed exemption to the new 50% retention and addition thresholds does not 29
add any restriction for middle housing and maintains existing code flexibility for 30
conversion of nonconforming single-family dwellings to middle housing, consistent with 31
state rules. 32
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4. The amendments provide an exception to the conformance standard for development 34
proposals that preserve large native trees, consistent with the Comprehensive Plan’s 35
Inspiring Spaces and Places Chapter, Goal 1, Policy 3: “Establish standards for new 36
development to preserve and enhance the natural environment, and to integrate 37
natural features and functions.” 38
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LU 22-0008-2041 Page 4 of 4
ORDER 1
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IT IS ORDERED BY THE PLANNING COMMISSION of the City of Lake Oswego that: 3
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The Planning Commission recommends that proposed Ordinance 2891, with Attachment 2, 5
dated November 28, 2022 [LU 22-0008] be approved by the City Council. 6
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I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Planning Commission of 9
the City of Lake Oswego. 10
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DATED this 9th day of January 9, 2023. 12
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Helen Leek, Chair 15
Helen Leek, Chair 16
Planning Commission 17
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PRELIMINARY RECOMMENDATION – December 12, 2022 19
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AYES: Leek, Mitchell, Stewart 21
NOES: Heape, Rigby 22
ABSTAIN: None 23
EXCUSED: Moreno, Phillips 24
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ADOPTION OF FINDINGS AND ORDER - January 9, 2023 26
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AYES: Leek, Mitchell, Stewart, Moreno, Phillips 28
NOES: Heape, Rigby 29
ABSTAIN: None 30
EXCUSED: None 31