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Agenda Packet - 1988-11-07 • + 7 1 AGENDA ` �' CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD . 1„ City Council Chambers, 380 'A' Avenue r ,. •' Monday, November 7, 1988 , 'r • • ;:,'' 7:30 P.M. 6, •.Y. I. CALL TO ORDER ` 't `, II. ROLL CALL �,' "' � ; r ` 1 III. APPROVAL OF MINUTES 1 JULY 27, 1988 `i , , 4,e, 1. • IV. PETITIONS AND COMMUNICATIONS V. PUBLIC HEARINGS , •, , # 1 1 '1,.�11 ,, :III °11VAR 32-88(a-c), a request by Sam and Elizabeth Slauson for }., approval of three variances, as follows: Y*I +� ` ' ) n. A 19 foot Class 2 Variance to the required 20 foot front yard setback in an R-10 zone [LOC 98.215(1)]; and �,, „...;, b. A Class II variance to the Parking and Loading Standard "6, iT:.'e,.• 1 which requires that all required parking shall be off- ' street [DS 7.020(2)]; and i s"' `;. c. A Class II variance from the Parking and Loading Standard which requires that a single-family residential dwelling 1 • 'a�'1 Unit have two (2) off-street parking spaces not including e the garage [DS 7 020(8) (i)]. The site is located one lot east of 680 Glen Eagles Road ,'' `-.';1 'r`� � (Tax Lot 5700 of Tax Map 2 lE 8AA). 1-, ,' ytu•_1,-.1 t 14 to r , VAR 42-88, a request by Arthur L. and Marilyn E. Reiling for. 'c, Ar 1hl +" ` :3t ,{ approval of a 5.8% Class 2 Variance from the maximum lot i ,. 012 coverage of 35% allowed in an R-7.5 residential zone. The s+~' I.,.Tr;~c'", site is located at 17308 Cedar Road. (Tax Lot 1200 of Tax Map rfl.'t, , ) 2 lE 17AB). ,+ (7 i+Nt,'„; e�I a til4 VI, GEVERAL PLANNING }1a e •14 ss 44, VII. OTHER BUSINESS - Findings, rConclttwiins R Order nµ , , 0, ,figqsl , t ���1 ,� " 0 Pb 3-87(Mod.8-fl ) - Roy Marvin -,'+, • - ' r r� .,+�: DR 19-88 - ThPo ore ri« Jones r'"'''� �� 5 VIII. Ab3UURNt1ENT `" ; .1.11 , 11 ;1t, a �;,1 a tt' r, ,1P.• t• • s 6r � • yr. ,..(( 1 •z yt'. v i;,, , ,9 ,'.It x 4'• ,' 1 ' tI I i I,r` is ,' r.. . h."1" •1' r1- t,.1, h'"1 k, ,'! l 1iYdl[ Y.+�'+�4t���� ��1�� ���ti ��r� 1�1...9-� y-'., �'��,�,'Y1r ti:� �G I��r•r i»�ti , �'�h ���r'�' t` Ap, �r�1 x � , y "'Y.. jj 1 y ,.a 'Y'l '' t r 1 0 ! - x aa1� • N 7 ip i..+,0, :,'', a..:Spit?.f; 4,1,,'^I'..r•hb, 1> a �,' L A -:' �n l. yr ✓"y'., 7 d 4+�7••1} ♦..,� t yy r Y i r + ,�t ,I 6 a ;; 1 c,'tir l.` ...PO t•�`./ d 1 ` fl p'ie �`'` �; v. Y t; �� v q 1�� ;C r ��;yy� �+ti11 d'' �+;� �`� + � .�. �� I•j f k ru .,.. � S ai. ��a 1X., ? �> � � �r�:rT'Ti ,f��t;•{. 1`V"'l'I ✓�. 1 + �x'Ift+� v�, ,��'��4all. 6r w e.... �... ` r lei Ai. r j .tom N�', `t S + I • The Lake Oswego Development Review Board welcomes your, interest in these agenda items. Feel free to come and go as you please. DRB Members: Staff: James A. Miller, Chair Karen Scott, Assiut. City Mgr., Kenneth Zinsli, Vice-Chair Planning and Development • I1,.. Robert H. Foster Robert Galante, Senior Planner Robert D. Greaves Hamid Pishvaie, Dev. Review Planner E. Daniel Ingrim Renee Dowlin, Associate Planner Vern Martindale Michael Wheeler, Associate Planner Edward Swillinger Sandra Korbelik, Senior Planner Jane Heisler, Associate Planner Cindy Phillips, Deputy City Atty. Joyce Faltus, Secretary • i t.. . . 11 M.., y (Y 1 •1 I' F a / . •F I I JY err, ,�; 1 . "w 1 211, `Y • • /a rY ? 1Y�i,x'• 4-7 a'3 ay, : 1 �' \e ,C b�.. i • Y _ 4 , • " 1 e XG ` ' ) . STAFF REPORT CITY OE LAKE OSWEGO :, . f. LAND DEVELOPMENT SERVICES DIVISION APPLICANT: FILE NO. : Sam and Elizabeth Slauson VAR 32-88(a-c) PROPERTY OWNER: STAFF: 1 Sam and Elizabeth Slauson Michael R. WI.eeler LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 5700 of October 28, 1988 Tax Map 2 lE 8AA LOCATION: DATE OF HEARING: One lot east of 2680 Glen November 8, 1988 Eagles Road COMP. PLAN DESIGNATION: ZONING DESIGNATION: , , ' R-10 R-10 NEIGHBORHOOD ASSOCIATION: Springbrook Park APPLICANT'S REQUEST *` ' The applicant is requesting approval of three variances as follows: ti'' a. Approval of a 19 foot Class 2 Variance to the required 20 foot front yard setback in an R-10 residential zone �. ' (LOC 48.215(1) ) t and . b. Approval of a Class II variance to the Parking and "' „ k , , ` Loading Standard which requires that all required r.. parkinri shall be off-street (except as provided in LOC 44.382(b) ) (DS 7.020(2) 1 , and • c. Approval of a Class II Variance from the Parking and Loading Standard which requires that a single-family residential dwelling unit have two (2) off-street ' • parking spaces not including the garage • - , (DS 7.020(8) (i) 1 • " +' .40 VAR 32-88(a-c) i - o,.. -0, 1 ' ^' 6096 Page 1 of 13 .,,,:' 1 X '1 ' ,, .. ,F. . . +. , 1n�!'. w • .s . ' J• . a r a, .f ,. 4 ,'. 4 4 a : `:i 4 I. APPLICABLE REGULATIONS s: . A. City of Lake Oswego Zoning Code: LOC 48.195-48.225 R-10 Zone Description LOC 48.650 Authorization to Grant Variances LOC 48.655 Classification of Variances LOC 48.690 Action on Class 2 Variance Application LOC 48.810 Quasi-Judicial Evidentiary Hearing Procedures LOC 48.815 Criteria for Approval B. City of Lake Oswego Development Code: , LOC 49.090(1) Applicability of Development Standards LOC 49.130 Classification of Development LOC 49.145 Major Development LOC 49.300 Major Development Procedures ,•w LOC 49.500 Variances; Classifications LOC 49.510 Variance Standards LOC 49.610 Quasi-Judicial Evidentiary Hearing Procedures LOC 49.615 Criteria for Approval t• C. City of Lake Oswego Development Standards: k• ` ' 2.005 - 2.040 Building Design 6.005 - 6.040 Transit System 7.005 - 7.040 Parking & Loading 8.005 - 8.040 Park and Open Space 9.005 - 9.040 Landscaping, Screening and Buffering • ,. . 11.005 - 11.040 Drainage Standard for Major Development 14.005 - 14.040 Utility 16.005 - 16.040 Hillside Protection and "r r ; Erosion Control 18.005 - 18.040 Access 19.005 - 19.040 Site Circulation - Private Streets/Driveways 20.005 20.040 ' Site Circulation - Bikeways and Walkways , ; D. City of take Oswego Comprehensive Plan Policies ,,; Impact Management Policies - General Policy II, Specific Policies 1, 2 and 3 - General Policy III, Specific Policy 1 •',':; VAR 32-88(a-•c) r i ;, Page 2 of 13 6097 4 ,• ,,4i •,fit '* • r 1 *r T',4. r.• • w r 0 11 t i. e 1 '1 ;b 1 M • M d uM+• • :•ga/ 5. Wildlife Habitat Policies - General Policy I, Specific Policies 1, 3 - General Policy II, Specific Policies 1 Potential-Landslide Area Policies - - General Policy II .a ( 1.. - General Policy III ,, - General Policy IV, Specific Policy 2 Potential Erosion Area Policies - General Policy II - General Policy III - General Policy IV, Specific Policy 3 Protection Open Space Policies - General Policy I - General Policy II Public Open Space Policies ' - General Policy III Pedestrian Pathways Policies - General Policy II, Specific Policy 1 Transportation Policies - General Policy II, Specific Policy 1, 2 - General Policy IV, Specific Policy 7 - General Policy VI - General Policy VII II. FINDINGS A. Existing Conditions: t . 1. The site is composed of approximately 15,000 square feet in an irregular configuration. 2. The site is adjacent to Glen Eagles Road and a stub of right-of-way of Glen Eagles Road. The stub is surfaced with gravel. • 3. A pathway leading to the former site of two 0 City-owned water reservoirs begins at the east �., ,'` , end of the right-of-way stub. A chain-link •y4•',' . . gate protects the pathway from vehicular access. . i 4. The site drains steeply (65-70%) to the south .'v and southwest. 5. The site is moderately wooded, primarily with i,• ,� oaks, madrone and hawthorne. w- 1c ' " VAR 32-88(a-c) , 1 . Page 3 of 13 6 0 9 8 . t. '1 , O if 4 .. , 6. The site is located in an area identified as having a potential for severe limitations for landslide hazard if soil is present (Page 39, ,' Comprehensive Plan) 7. The site is located adjacent to a pathway ,' serving City-owned property adjacent to the 0• " east. The pathway is identified on a Conceptual Intracity Pathway System Map (Page 135, Comprehensive Plan) , ;• 8. A 12 inch water line is located in Glen Eagles �' • Road and along the easterly property line of the site. 9. An 8 inch sewer line is located in Glen Eagles Road. 10. There are no storm drainage facilities serving the site or the vicinity. '•:.. , ll. An existing fence serving Tax Lot 5600, N.,' ; adjacent to the west, is located on Tax Lot 5700, as shown in Exhibit 7.. B. Proposal: The applicant proposes to construct a dwelling 5 feet from the front property line whose entry deck is proposed to be one foot from the same line. A " , .. driveway placed on fill is proposed to be in the :'..' ';Y.,,,' right-of-way of the stub of Glen Eagles Road. The , applicant is seeking variances to the required front yard and Parking and Loading Standard in order to accommodate the proposal. The applicant also proposes to construct a public access loop to afford access to an adjacent •'r; pathway. The loop will provide for vehicular y access to an existing gravel parking area for cars and at least one bus. ,• . • a; ,, Exhibit 9 indicates that the dwelling is proposed • to be 7'-6° from the nearest corner of Tax Lot 5600, adjacent to the west. The proposed dwelling .' . would, therefore, be 4.5 feet from the existing 1," ► fence located on the west edge of the site, as indicated on Exhibit 7. The area west of the ," . fence appea s to serve Tax Lot 5600 rather than the applicant's lot. r «,,,, VAR 32-88(a-c) `r Page 4 of 13 6099 ` �. 1 r « d' r a • 1 4M C. Compliance with Criteria for Approval: As per LOC 48.815 (Zoning Code) and LOC 49.615 "' (Development Code) , the Development Review Board must consider the following criteria when evaluating a Class 2 variance (Zoning Code) , or a s Class II variance (Development Code) : f.• ' • 1. The burden of proof in all cases is upon the ` .i applicant seeking approval. ` • : The applicant has provided a narrative, , ;,; geotechnical evaluation, site plan and elevations, public access design, storm water , disposal and erosion control report, with which to evaluate the request. 2. For any development application to be approved, it shall first be established that the proposal conforms to: a. The City's Comprehensive Plan; The applicable Plan policies are addressed as follows: Impact Management Policies This group of policies requires the preservation or maintenance of natural site ` features such as trees or soils in accordance with Natural Resource Policies, and requires new development to pay an equitable share of the cost of public facilities. The applicant is proposing to locate the dwelling in the northwest corner of the site to minimize soil and tree (habitat) , disturbance and to limit construction costs. �. : Improvements to the stub of right-of-way are proposed in the form of the access loop in .,,, addition to the paved driveway access from Glen Eagles Road to the proposed dwelling. f ' • Public facilities are available to serve the site, with the exception of a storm drainage system. The applicant's proposal will have a positive impact on an existing pathway `• serving City-owned property adjacent to_the . east.east. Use of the pathway will be enhanced through improvement of the access loop, yet allow development of the applicant's lot. ".0 VAR, 32-86(a-c) t •° ! Page 5 of 13 6100 :. ti' in, ,. a, 4 i Al. 11 .'.;: '. Wildlife Habitat Policies !' 1 w ' ,ry '', This group of policies seeks to protect C upland habitat, natural vegetation and fragile slopes. The applicant is proposing to utilize a lot for development in a manner suggested as being least disruptive to surrounding habitat, except for the loss of oak trees in the location of the proposed dwe]ling. Soil considerations have been offered by • geotechnical evaluation (Exhibit 4) in conformance with these policies. Potential Landslide Area Policies Because the site is in an area of identified landslide hazard (page 39, Comprehensive Plan) , avoiding the use of fill is encouraged. The applicant has supplied a written opinion of a licensed soils engineer • (Exhibit 4) in compliance with these policies. The recommendations of this professional must be followed to assure continued compliance with these policies. >• ) • Potential Erosion Area Policies While this group of policies encourages open • space uses to avoid erosion of soils with such potential, the policies also have designated erodible soils as PROTECTION OPEN �,, SPACE. The parcel is buildable with regard a to utilities, soil capability (as per Exhibit 4) , with the exception of the required � - variances, to be discussed further below. ' • Protection Open Space Policies will be discussed next. r Exhibit 15 suggests that no specific measures ' for erosion control appear necessary. However, with the rainy season approaching, any soils exposed by construction, especially the steep slopes of this site, should be • • seeded and mulched with straw to protect • x against potential erosion. Protection Open Space Policies )' # These policies refer back to the Natural Resources Policy Element. Applicable , r ,t o, I : VAR 32-88(a-c) Page 6 ,of 13 ((�� se •':t.. 610.t w 1 .4. � � si , policies have been discussed previously and are found to be in conformance. Public Open Space Policies This group of policies calls for a pathway system and a Public Open Space Plan to be y. coordinated with other land uses and h. implemented through the development standards. A pathway is shown to travel the c route of the existing trail, easterly to Iron Mt. Blvd. below (page 135, Comprehensive ry Plan) . The pathway is shown to be on City property for much of its length, but is accessed from the stub of right-of-way in front of this site. Improvements are proposed by the applicant as a part of this request. Such improvements consist of a public access loop providing access to an existing gravel parking area (unmarked) . Pedestrian Pathway Policies ' This group of policies provides for •' development standards which require developers to provide segments of the City's n pathways. These improvements are anticipated • } in the public right-of-way in front of the site. The policies are further implemented through the development standard for Site Circulation - Bikeways and Walkways. The applicant's proposal addresses this policy through the public access loop. The pathway is unimproved at this time and will remain i s0. r. b. The applicable statutory and Code 1 requirements and regulations, including: i. For variance applications, the standards found in LOC 48.650. Zoning Code s .. The site is in excess of the minimum lot . size of 10,000 square feet required by the underlying 8-10 residential zone. Similarly, the lot meets all dimensional requirements, and with the exception of i, ` 4. variances sought due to slope, would • otherwise be capable of meeting required yards. A .'P Page 7 of 13 �' 6 10 2 :.. • 1 '' • .r' .. • Development Code C I 'J 1 The construction of a single-family • ` ,, �', .3::3l.ling is considered a minor .' development, but Class 2 (Zoning Code) and / 'f '1"• Class II (Development Code) variances, as requested, provide for review as major 'P 'i development. This request is being �r;; appropriately processed as such. Development Standards The following development standards are ;";'. applicable to major development: s r Building Design (2.005-2.040) The applicant has included Exhibits 10 and ,'. 11 demonstrating the proposed appearance of the dwelling designed to be complementary to neighboring dwellings as • required by the standard. ' Transit System (6.005-6.040) ,� The nearest transit facilities are located , , ,. on Country Club Road, Booties Ferry Road and Iron Mt. Boulevard. None of these are adjacent to the site. Based upon the proposed use, expected use of regional transit systems may be expected to be ,1� • marginal, in part due to the proximity of the nearest bus routes (Tri-Met) at the )' , •. distant locations mentioned. The standard ' is met by the development, as proposed. ':i Parking and Loading (7.005-7.040) r +' This is the development standard from which the applicant is seeking two of the variances requested. The applicant proposes to use the garage to meet the requirement for two off-street parking o. spaces because a driveway ,could be substantially in the public right-of-way. �. The variances are from two sections of the - •'•s • standard, both referring to required off- street parking. The variances are discussed elsewhere in this report. .. ,ii ...)4.1::+ VAR 32-88(a-c) c , ;.; „ Page 8 of 13 '‘",4' ' 4. 6103 a •,,, y e a � • . . y• r . 1 Park and Open Space (8.005-8.040) 1 ,j, 11- . 'W This standard requires that "all major , . residential development. shall provide , ,' open space. . equal to at least 20 ,.. percent of the gross land area of the � ; development." White the standard is ,,' * ; generally applicable to all major development, staff concludes that the t " ' I proposed dwelling is not considered "major ; residential development." No other standards of approval apply to the request; the standard is therefore met. Landscaping, Screening and Buffering .' (9.005-9.040) 1 The proposed single family dwelling is not included among the range of uses required 4: to provide plantings, despite the fact that the standard is applicable to this Class II variance, which is classified as major development. Staff concludes that the standard is met. Drainage Standard for Major Development ) (11.005-11.040) This standard requires that site grading not adversely affect neighboring properties. No positive storm drainage system exists to serve the site at y. ' present. The applicant's soils report (Exhibit 5) proposes methods for storm : '4 *: � water disposal, typically a requirement upon application for a building permit. The applicant has demonstrated compliance .t with this standard through Exhibit 15. t However some alteration to the design will • be required by the Building Division upon applicat;.on for a building permit (see Exhibit 16) . , , ` Utility Standard (14.005-14.040) This standard requires that street improvements, water, sanitary sewer and cable utilities all be installed by the developer. Cable utilities are required to be installed underground. The Y applicant has described the location of VAR 32-88(a-c) ' Page 9 of 13 1 O ( ' 1 • ,1 5 • some of the utilities. The findings have noted the remainder. Compliance with this standard will be required upon application , for a building permit. The site can accommodate required undergroundi_,ng, Hillside Protection and Erosion Control ' (16.005-16.040) This standard requires a survey for "major development permit application" toward minimizing disturbance of soils during construction. The applicant must also show where removal of vegetation is to . ., occur and provide an erosion control plan ., . citing protection measures to be taken. " • The applicant has provided the materials in the form of Exhibit 15. ' . Access Standard (18.005-18.040) The parcel complies with the required 25 feet of frontage on a street. The access is to a residential street as required and the applicant has taken the grade of the site and the stub of right-of-way into , account in proposing access location. Site Circulation Standard - Driveways and ' ' Private Streets (19.005-19.040) This standard requires that a driveway for a single family home not exceed 20% grade, .. nor 5% cross-slope. Elevation drawings (Exhibits 10 and 11) indicate that the driveway Will be at the grade of the existing stub of right-of-way at a grade in compliance with this standard. " Site Circulation Standard - Bikeways and Walkways (20.005-20.040) This standard requires that walkways tie to public streets at locations determined by the City Manager. A pathway exists east of the right-of-way stub of Glen Eagles Road that needa formal connection to Glen Eagles Road. r. The applicant has addressed the standard i w ' through design of the public access loop. ' , %.e' / i. VAR 32-88(a-c) Page 10 of 13 6105 , :+' a This design has been received by the Parks and Recreation Department and found to be acceptable. The proposal will provide a formal trail-head, as desired. . As per LOC 48.650(1) (Zoning Code) and LOC �'. 4. .510(1) (Development Code) , the Development Review Board must consider the following criteria when evaluating a request for a Class 2 variance (Zoning Code) or a Class II variance (Development Code) : `', a. The request is necessary to prevent unnecessary hardship; The site suffers a hardship by being 10 to 30 feet below the grade of the stub of right-of- way of Glen Eagles Road. This hardship has found the site to be the last remaining site • .` on Glen Eagles Road to develop. Earlier efforts to vacate the right-of-way, toward • elimination of the need for a variance, were . not successful. The applicant is seeking ',4 ' relief from the hardship to reduce the cost of foundation systems and the inconvenience of a detached and far-removed vehicle storage. b. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; The applicant has described the consequence of . ,,` ? building within required setbacks as pushing the structure further south, and therefore e, into the view of the existing dwelling to the west. Such relocation, to be in conformance with the maximum height allowed, would find the structure pushed down the slope as well as in a southerly direction. Also, positioning the dwelling farther south would require removal of more trees from the site than is currently proposed, resulting in a greater '•' loss of habitat, and the need for more ti' stabilized fill upon which to locate required off-street parking. ' concern has been raised with regard to the use ' of the stub of right-of-way for parking to serve this site, in conflict with the desires of the Parks and Recreation Commission tow::-d ta! ," ::, VAR 32-88(a-c) f Page 11 of 13 b n ! . p. use of the existing pathway adjacent. In this ( '' regard, the applicant has clearly demonstrated that no injury will result from the proposal. To achieve this result, he has designed a public access loop which the applicant ..:�; proposes to construct. c. The request is the minimum variance necessary to make reasonable use of the property; Based upon the severity of the slope, the a absence of a more suitable portion of the lot onto which to transfer the density, and the ;. } distances from the top of bank to the actual - front lot line, the request appears to be the ` minimum necessary. Reasonable use of this property requires creative solutions and an apparent public/private cooperation with , • regard to the use of the existing right-of-way ;�' • .. for a stabilized driveway location. Such solutions need to account for continued use of }' the right-of-way for public parking and access to an existing pathway system. The applicant's proposal satisfied both the needs of the public and the applicant's development proposal. . d. The request is not in conflict with the Comprehensive Plan. G As evaluated previously, the request is not in conflict with the Plan. D. Conclusion Staff concludes that the applicant has adequately 4. „ • • met his burden of proof in demonstrating that the 1 granting of the three variances is necessary. .` • III. RECOMMENDATION Based upon the materials submitted by the applicant, additional exhibits attached, and the conclusion noted * . above, staff recommends approval of VAR 32-88(a-c) , Ja ` subject to the following conditions: - °.,, 1. The recommendations found in Exhibit 15, except as modified by Exhibit 16, regarding installation of • +. .;;"'' a positive storm drainage system, shall be ,,I ',, complied with during construction. Such 'f «' -,1 . compliance shall- be made a condition of building xw ]' ,'i' `.i... permit approval. r , VAR 32-88(a-c) e, "' Page 12 of 13 6107 t`'� iF `dt4i yf ,' 1 .,,,, ` -. t ,. '� i . r w i 1 IF ti: t • 1 -1 ��'.4• - k 'i. shy`: y Y 1 :,1� i ''t•' -." .0;,•' '') 4�)�i 4•:A4 '.1., f7 Y°�t .1 � • .. <. n "' Ka '' ».'�.1ti,. 't1} 2 ,'�.'.yn: ,A . ,4d 1 n. f ,. „ 'V' lr'''',"� •' '`6';'a C'r fi Pr a ��+ti v F r ems+ yt•l ; ft�$ 1 v b { •n T4 `rEby t: + $ 11Ai:,. i.j`'f�'1•,1 •eye 1e ,4 { • yI• . O% W YF'�7�"`l'''. ''''' 1, r4ZA k ,�' <r'' S, t • '' ,r}n 4�5 'M.7 • 'a�:^y 2'1 i "'�'( MA Fit,, iil `;7 public access 'M 6r ,3 conformance4;4 • ,, Fw e}, 7 r� ,tad 4 • f�f •tK,tµ r,,�K � .F � z = ` • 'o rpcommenda- ti.r,�. >x .,r a •.-a dir..9 erosion f 11, mi: v ;°d compliance d r k., ,X",. I "e,inu permit " "� 0, ,hi"k'. , ma� 'trees r, � a ;h�§?�' ' r "r� protect slopes ti �w, k " to preserve • �tiA Of ril'� it/ , ,..s = ,_ r, �� '� 44 r r o soil during e ;�.t . n� ? cr;aining upon , , a` • t 77,u��� +gtir' ^-.* tr01 etroeion. �' °"7• '(lily Tr4.1, `:x V - wA ''' _ ,,T+`,s riC! ,�A :�, ..,,o carding yfr 1, ;11',Iti`" k ' ` I* f'`fn',, '4`` t T A. . Wright, ' 1972 t o aq i?Ver' i 's t'rm 1986 r I { 1f nth%tc {7�d ,al� k i. 79i] 1'01' `'t +fib 1 r „� ace, y . ti�� + ]�, �- 1. Report by l M� r ad(it�� 4�A y uo r,, r e., 1 , 1 av a.' . •' j if r i.0,4 �G.+.�t y °;�v ',fop ., • v�, �C3'°I ) e't ��.� 1988 \\ , A.� ^��y,w; 4 'i' '!' Coe Iron F �9K try „.0.t a r. 'f�rgy d,,i 1(? 3 4 rp/3� 111 ,ram � �, .., ``fix i �.� gat �: ar B°�•' `+� VAR 32-88(a-0) \ �'1'r. ' '- o , l�u+ Page 13 of 13 6�.0 8 r •hs+d }a. J 1 tx C $ i zwiffwv,7,. ,.s. n. - • • .. ,..,,..... ..„... . • • ,ti,'' /1801 f' M1� ma a ' 221; `.. f 2400 i LG'• . 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C .� 1• Coey •'rJ 9 .a- '�,• �O1,1` ' l6' f rt • �, 5400 1° t 5200 129 5300 2700 44" .s. ��'�'• ro o e ��' o ^a. , .+�➢Ibe r 2860 2706 t7 �Q'.1, O. n /ol.!!J �' 5 500 �' u2690 5// .rr:'' • Niop 444 No" • Je F .1 a . 2680 p i,o o It IM•,, y rR• t, I b ! 4 • rJ 700 „a s! Z . i .1 k lipi • t Fd/.,12 r ' ,, .r.•, I30 1. 1 Iz^�s, t•e.,,,,t . Ar K e•F•,e+rrn7,:7,41—e.••,•r, • ,r ..;11 • 1 tl, .i d t • SEE MAP 2 IE GAD 61O9 • r City of Lake Oswego June 29, 1988 ' Planning Department ID 380 A Ave Lake Oswego, Oregon 97034 RE: Request for Class II Variance for a 8 foot front yard setback and allow the garage to be counted as the required 2 off street parking spaces. Dear Mr. Wheeler, 5 , Enclosed are the following documents pertaining to this request for variance as stated above: 1. Site plan 2. Elevations of proposed residence 3. Floor plan of Upper level 4. Survey of property 5. Plat map of portion of subdivision with check mark indicating . owners within 300 feet of property. 8. Letter from soils engineer pertaining to the stability of the site for the construction of a residence. , 7. Minutes of Planning Commission meeting July 10, 1972 approving . s. a 2 foot front yard set back for this lot. 8. List of properties within 300 feet of the subject lot, r" !I The subject lot is a portion of Lot 132, Forest Hills #2 fronting on an unused purtlori of right of way off of Glen Eagles Rd., Lake Oswego. It is at the top of a relativiy steep hillside overlooking . _ the Hunt Club, /' The unimproved right of way extends to the eastern line of the subject _ot and is a part of the subdivision. At the east end of the ri',;ht If Nay is city owned property and an abandoned railroad bed used luring the Iron rush. it is the Intention of the City p:ui:s Llrpt, to use this railroad bed as a part of its proposed P trail sy'btuui. A good portion of the unitnpt'oved right of way that 'runts the lot Is fairly level with a gentle dowi; slope to the Oltat, ll.`''vu't', tha southoriy most 20 to 30 feet of the right of .vni ]raps off rather steeply to the front lint of the lot and is : eovil,` ..wdo1 as 's the lot, '4'""17 r-. ' . ' 6I I !) 4 In siting a house on this lot 3 principal considerations are important, I. Siting the house as close to the front line as possible to take advantage of a small bench that exists on the westerly side and about 10 feet from the front line. A profile shows the existing • grades of this portion of the lot and runs through the center or the house. This Is shown on the east elevation. 2, Locating the driveway access to the garage area at the westerly most side of the lot. The grades are less severe on this side and will have less irnpact on any proposed development of the balance of the right of way. 3, The grade level of the floor below the top floor needs to be high enough to accomodate plumbing. The sewer lateral that serves this lot is about 13 feet below the top of the bank, My first approach to solve the siting problem was an application In April requesting that the City vacate a portion of this unused right of way, but due to neighborhood oposition I've decided to pursue this request for variances, ( a copy of a letter from Mr. and Mrs, Lynch is attached,) In addressing the principle considerations required of the DRB the following points are significant; t. In siting the house appro imatly 5 feet front the line,to take alit aegis? ;,f a small bench area,a major portion of it can be built un a conventional concrete stem all foundation which is more ilesirihto from anti engineering standpoint, (see engineers letter) ?•,skiing the twits.; beyond the bunch area ,could require a 'aff:rrlit 'uul much mute enpeasive foundation system, plus a much 'argot' bridge to thy gutago, 6111 3, Pushing the house farther out over the slope will be more visible to the neighbor to the west. With a smaller front yard set back the house will be more In line with the house to the west as this house is also approxirnatly 5 feet from the front line. 4 A rrcvious request for a 2ft, front yard set back was approved July :0, 1972 for this lot, (see Planning Commission Minutes July 10, 1972) n, it is requested the the garage area be considered as the :equirjzd 2 off street parking spaces. Constructing 2 spaces at any ether point un the lot would be very difficult, expensive and interfere with the.ultimate use of the balance of the right of way. Since the area Immedlatly in front of the garage to the top of the slope (about 20 feet) would otherwise be unused, this also might be +•onsidered to meet this requirement. Sine a this lot is the onl,,' property that fronts on this unused right of way this proposal will have no adverse effect on the nelghtd.4huod, I have talked ,vtth :Jr. Johnson, Director of the Parks Department and have offered to, cooperate with the City` with .esl..,o« to its plan far the trail system. 5cun . SiAucoh • 6112 • CITY OF LAKE OSWEGO PLANNING DEPARTMENT RE: Four criteria for the granting of variances j�`►: 1988 The following addresses the four criteria necessary for the consideration of variance requests. a) The request is necessary to prevent unnecessary hardship due to the steepness of the site, It is necessary to place the dwelling closer to the front line than permitted by the standards In order • to prevent a very substantial additional expense involved with a stilt type foundation system. This also permits the use of some physical features of the site that are more desirable from an engineering standpoint. The use of the garage for the 2 required off street parking spaces is also necessary due to the steepness of the site and the fact that the level portion of the right of way is much higher than the front line of the site, it would be very ' expensive to construct and conflict with other considerations • described in the narrative. See items 1-5. b) The granting of these variances will in no way adversiy affect the neighborhood, The narative describes the development in more detail and any reasonable person will conclude that the granting of these variences will permit a use of this property that will be more benificial than would be the ease if the residence Were constructed in accordance with the standards, see item 3 in • narrative. c)T}le request is the minimum Variance that is necessary to make reasonable Use of the property. see items 1-5 Its narrative, d) The request is not in conflict with the nomprehensIVe plait which • allows for variences from the stnrtdar,s In special situations, The Use of the site complys with a11^i? ng regulations, YoUrs truly ' Sam V 51 au one~ 6113 • Anthony J. Wright 1470 Horseshoe Curve AN Lake Oswego,Oregon 97034 • Geotechnicel Consultant (5 0 3)6 3 5-314 6 1 ;AW GEOTECHNICAL SERVICES, INC. SLAUSON CONSTRUCTION CO. ,INC. 415 N. State Street Lake Oswego,oregon 97034 April 24, 988 Attention: Mr Sam Slauson PRELIMINARY GEOTECHNICAL EVALUATION PART OF LOT 132(PARCEL 2) FOREST HILLS PLAT.N0.2 GLEN EAGLES ROAD LAKE OSWEGO,OREGON We performed a visual reconnaissance of the subject site on 4/22/88. to construct a split level We understand that you propose jruc oaf Glen Eagleslev residence near the toe of the steep slope, Site Road. The site overlooks the Hunt Club beandenLa8e and 70 percent, • grades are relatively steep varying Grade elevations over the lot vary from about EL.400 to 300: the slope continues to about E1.140 toward the Hunt Club. Vegetation consists of a dense undergrowth of Brambles, tiles, grass and other cover with frequent though rather spindly ak trees and occasional Hawthorns and Madrones. The trees are shallow rooted due to limited topsoil cover rg(Eolian consists tooa t depth of 1 i/2 to 2 ft. The underlying t f Columbia River basalt, the upper portion of which is variably i weathered though often blocky and hard. No evidence of rock falls or block slides°f theeLakenoted: Oswego were such phenomena indicated on Geologic map ptof map denotes OsW go and Gladstone Quadrangles, Oregon". inferred east to west fault, below the site running through the Hunt Club, This fault is considered to be inactive. The various trees over the site are erect which indicates that the surface silt soils are stable. over the upper Several feet of fill materials are apparent , portion of the slope. These materials result from side access fills from the upper cuts that were made to develop road A°smallorswalecarea Was noted+ over locatthe ed e ast °f the site. , histicalWestportionofthe - site, Surface drainage appears to be good. On the basis of a visual reconnaissance, it is our opinion that the site is stable and suitable for carefully p residential construction. Basalt rock Will be encountered at shallow depth. The 61 14 4 1 m 1 . . -2- residence can be founded on conventional spread footings. properly secured and keyed into basalt rock. Temporary slopes can be cut near vertical though caution should be exercised if loose rock fragments are encountered. Although shallow cuts can most likely be madea with poseconventional problems. Itois equipment, important that blocky fragmentsd may p dislodged boulder fragments be removed by controlled methods (the downhill momentum of released alsoder anticipated wouldments tha extensive present a significant cut exc be necessary to remove loosened cleanup of cut excavations may and disturbed rock. Local Gunite treatment and drilled rebars are sometimes necessary. No fills should be placed over the downhill slope. Existing vegetation should be minimally disturbed to the extent necessary , to develop the residence. ion We suggest that we review the final grading n and to foundation plans. We requfsst that we be given the opportunity the footing excavations prior to the placement of concrete. Yours truly, � � Ff , AW GEOTECHNICAL SERVICES,Inc. ` ,G�'r4C Gnr' 404.7 I:`//'rr OR2CON Anthony J. Wright,P.E. 9^'',y°tv3o S9�b wNY J.\hi Attachment Site Plan 6115 Planning Commission Minutes -4- July 10, 1972 Norbert Trudeau - A public hearing was held at the request of Norbert 'rudeau for a front yard setback variance t'rom the required 20 feet to feet on part of Lot 132, Forest Hills #2 to allow the construction of a single family dwelling. . Mr. Mahoney presented a plot plan of the proposed dwelling and told • the Commission that the public Works Department had surveyed the house to. the west finding that it was 7 feet from the front property line. Mr. Ormond Bean spoke as proponent for the request. M1 Mr. Bill Hutchinson, attorney, spoke in opposition to the request stating that if the variance were granted and Mr. Trudeau were granted an easement to the street for a driveway, the existing path would be cut off from public use. Mrs. Cohen of Glen Eagles Road told the Commission that she lived directly to the west of the property in question and she wanted to be sure that if the proposed dwelling was built on the hillside (which was laced with many abandoned mine shafts) her own home would not be in danger of sliding down the hill. Mr. Lloyd Pajunen of 2190 Glen Eagles also spoke in opposition. It was moved by Travers and seconded by Schenk to approve the variance based on a topographical hardship, subject to an agreement with the `' City for access and the preservation of the public path, and that no /building permit be issued until said agreement is executed. The motion passed unanimously. Columbia Neon - A public hearing was held at the request of Columbia Neon for a variance to allow the construction of two signs 4 feet in 1 ight for the Market Place Restaurant on Monroe Parkway. Mr. Mahoney gave the staff report and presented the Commission with an illustration of the proposed signs. Mr. Virgil Faulkner spcke as proponent for the request stating that they proposed one plastic sign which would be illuminated from the inside to face Boones Ferry Road and the other sign facing the resi- dential area would be carved from wood and would be spot lighted. It was moved by Travers and seconded by Schwan to approve the signs as submitted. The Motion passed unanimously. The meeting was adjourned at 11:30 p.m. Respectfully submitted, Mindy Klann , Planning Commission Secretary , (s) 6116 c ' • City of Lake Oswego Oregon Dept.of Parks,Recreation&Open Space 380 A Avenue ' Lake Oswego,Oregon { Attn: Myron Johnson,Director • Date: June 14, 1988 To All Concerned: Regarding the request to vacate a portion of the right of way and access to the city owned land that is off Glen Eagles Road(Forest Hills plat '2). As property owners for the past 25 years at 2679 Glen Eagles Road, which is located directly across from this right of way, we hereby wish to have our objection recorded as being against ANY vacation of ANY portion of this land. • 1 . In the years past as adjoining rroperty owners(which included then in • 1972: our-selves,Merle&Donna Lynch;Senator Joyce Cohen&Dr. Stanley Cohen; and Doug&Mitsi Goodrich)we had to secure legal assistance and at great personal expense, in order to SAVE this vital link portion of City land from being vacated. This access and hillside city property is very VITAL to all or any future • development of the pedestrian and equestrian trail system AND is of significant historic and geological value as well. During the past 25 years we are very aware of this land's usage, even in its rustic and overgrown state. Bus and carloads of geology groups and students visit the hillside periodically, as well as numerous joggers, hikers,horse and riders. In fact people seem to be"discovering" this area continually and even more so latdy! PLEASE, PLEASE, do not allow one inch to be vacated now or in the future •for it is NEVER to be replaced! s Interested and concerned citizens, • rr � ,rt& A-ricYV , € _ Merle C.Lynch b t Donna A. Lynch ii 2679 S.W. Glen Eagles Road ' Lake Oswego,Oregon r i i w cc:City Council i • Attachment to letter dated June 14, 1988 7 ' Addressed to:City of Lake Oswego, Parks,Recreation&Open Space and Copied to: City Council Attention:Myron Johnson, Director We the undersigned and adjoining property owners are opposed to the vacation of any of the City property referred to in the letter written by Merle and Donna Lynch: • 1— ((Pt , �.r� .X2.1 1 (44) S / • • • r • Y • I , 6118 • ..... W N pre ,Y....'..: , 04.. 'c.. iFet `l,•Lt1i °; z 11 '• '.' ] :??.:... ....fit J N 3 W ; 41 is • 140r ik 4=0 mia 1 cl p J OC W i 0. 1; '' 1 R i•Gj N .Uz. 2 G h c4 + W 1- � ,� v y �+ J I r LL. N —�0. 0‹ `c, k FYI+ t ' . -9�� 1 . `it ," ..i OGU ,Z N 1 N ~ Ii 0,c • r'\)/ ) i,, .... I i �, k 4 1,1 H1 cAtrvN 6119 J Jt ti 4 1!.` 0, 41 2 , (A t'....4i did 4 ! W w, J .n 4 i ! „v041UW , 1,1 • / Lt 1I ,/• r el 14 / O o rf J w 0`� 1111r .. . 0,1 S ,,, U • • • tt (1r �� �11•1 ���� 0:2 rl it 11 t.: / r All � ._ S U. n M O - t% 4' Id W 1' /Y 0 i :-1 ft r N . t 0rr. to . / 1S. ,�: x / tr t iJ , 1„ i U4 j1 d I ,tom / W u 4+ 11 •to t1 a 'c, t? 1.1 '0 o 'p 'o ,0 IS ci ci . t �1. VI v., ,n 0 M Vt M t• VA <Q i1 . •.. r • .....� .., .......t , . 0 1 \ . .4 11 ✓ A .1 k 51 t • 1% / 6120 . N tD t , • It ... .. ti b. '," k 4y .. 1 T 17 r <J y, yFn •', !w �. 07 ✓rr " Ptl f t N)11 /' et,,, t w>1 <'1h Jp '`' I f✓ 43 4� r 1 Q p C 1�� F— �. 1y1_.Q j_,ilti'��1 �Q// / • 'SI/ 4 O: C I i e' Y r Ir � 1 l e 'Y'1 -J o !! I 1• y C \II J s. '� 1 1 y C.- ' 9 9F '0 j+ cQ 11 O 1d y r / tn\ . c s-c) lz," b r y y tw itl ' ,"i 'r"a ri . 1„ ! • I • • 1 : 1 ` 6 12 1 1 J'• .. - r. Of `'-p, ' , .;1'f,' c • +r I , • . r,,,..-tsar t ,;,q I .tW'I''':4r .'"° ' • Aa.`\ fi•�a , ' p. / is 1 (/�wth�- �tHH�h ,Si 'q ;L YI, \ " cc���u ,, 4 8lR i; 'sy Z1K• , I. . s Y.�,r..F,�^art •B LL' fit • 1 � + � �4` 't.l r A � yy [ � �".� + ? f 4. • ✓ J 1f.. Ili •I a t� a��,y��+ } ; , 1 f br y� ; 11 1.. �p , i. itli tii st. 'tir ���' to t� r av1 i� n c' ° sou y i 1 ri • i • �h�iy. r , c' • { ' s c A + 1. .l 1.1 'i ry ' i. r t', y 1'.�) + • i t,_ I: s ,p4m yF' 6trR f 4 i#4:s ,,,,m,.., 04,..,:,,,,,7,. 4 M1 . 3 .. ,, , ,,, , ..,,, , , ,,„..,_ ,. ,,...„ 3, ,, 6 1 2.1 t`. { `k t r -.N.ti I h r;>` _,! ..pY �`. r.' ,. _ nk• r',. rt... f • * • , • } • R! 4. :ti • 4 r., 1 i -'- S . . �;I,,, I . •.1_1[..:.- - -- 2 • 1 o • .. ,) ! . , .. I . \ I• ',; ,�, L- 1, :i.s�' -_� i�.."��""�„-.1-- ,� • „,?---.. ,,, . , ili!...11 ,_11, 7- --- . .....,. . ,,,.. ........._....... .. .., 1 ... , ....,.l AP., -.. V S 6 2,3 9 6' e . w. • I:1;i: In . : . . , . . ii . • , „1 , , ,,.,, , i, i .- _ _, - ---4-:----t-----r--.."' I I i !"---- -- \LI' • •• . . . -......- ..-- .• . . . . , . • 7.- j 1 .1 ' . -...r,___-.7-_. • L . i - ... .. _ ..... , . r........._..._______...............__. ................_..i • .................. [ I • I ) • _.1 r , 1 . '" .... .I 4 . .arl• ' 1 • . ___,.... . -„....,..,..„,.___, - _ ......._ _ . .t. ...........___._ . . . I . • . , . 011 . • . • , . . UPf'ese Level, .IfLP014 ,01,,Ilk, . , .. EXHIBIT : .1• •• 0129 • . • . .. .. • • MEMORANDUM TO: MIKE WHEELER, ASSOCIATE PLANNER FROM: MYRON JOHNSON, DIRECTOR, PARKS, RECREATION AND OPEN . SPACE DEPARTMENT DATE: AUGUST 5, 1988 SUBJECT: COMMENTS ON THE SLAUSON RESIDENCE REQUESTS The requests of Mr. Slauson have been reviewed by the Parks, Recreation and Open Space Committee. These are the comments that I received from them after our tour of parks and open space parcels on July 18, 1988. One of the sites we observed was the Slauson property. 1. CURRENT USE OF THE PROPERTY There are groups from the local area who use the public right-of-way currently to access the historical point at the end of the unimproved portion of the dedicated roadway. They come to this area for the • educational benefit of seeing where the iron ore was once mined and run by rail to the lower George Rogers Park site for smelting. These visits are currently done • • infrequently, but now that the water reservoirs (tanks) have been removed there is more interest in getting more visitations to the site by young and old alike. This entry way will be an important one for the physically disabled and young children. The likelyhood of this happening are much greater due to the reduction of the water tanks. 2. FUTURE USES AND VOLUME The current plans for the park site include, but are not limited to the historical site, a potential trail system that will come up from the Hunt Club (at the lower end of the Slauson property) to the entrance of the Glen Eagles Road location, a View point to the East of the City and some type of interpretive shelter. This planned development is going to become part of the • 1 City's network of parks and could generate a great amount of Use on a daily basis. 3. IMPACT OF THE DRIVEWAt AND CIRCULATION The request to shore up the side of the hill in order to bridge the property to the current right-of-way for the road (Glen Eagles) may cause some real dilemmas for the City in the future. When the trail system is done we may have to cut the current level of the road bed down and this may cause a liability problem in the event of a slide. This area is known to be unstable and will prevent any major changes if the driveway is built on a 6125 II'Yr COMMENTS ON THE SLAUSON PROPERTY PAGE 2 terraced system. The need will eventually be to have space available for 6 - 8 automobiles and a bus loading/ parking zone. If the driveway is approved to this site we would like to see it go in in such a manner that it does not preclude any future use of the right-of-way by the users of this historical site. We would request that no plantings be established by the home owner that • would prohibit access of the site or parking on a temp- orary basis. We question where the off street parking will be once the home is established. Will his guests be taking the places that will be needed by the park user? It is the recommendatiw.n of the parks, Recreation and Open Space Committee and myself that careful consideration of this request be given. This could easily be one of the foremost locations within the community for historical and recreation- al use in the future. Although we do not want to prevent the Slausons from building on their property, we do want to take into consideration all of the circumstances that surround their land. We trust the decision will clearly take our points into consideration. • s � , 612E • , • , - • . , ./......4 ' , ,./A/./../•-', ' / / . , •• . .. ....-"' . 1 . • .4 .• 1 ("16) _ ;,,,,,,,_,..."' 7/4/// 1-- -•••••...„,,.... • N. ' ?•;14 , • •i•••" '41.bk•7P•••th A ... ....'' ..j"................. ."". • '041.r' at ........._... , . .., I . .'''''''..:' . , • 4,, I, • - - i , „t,.....-1 \ \ ........ ...., r. ,...........,.,,...,... I, ,. \ V.,..\•-\-\ --'..-,- •• - 1 ti. vp.... % . • . -' \, \ \ \• r .1.1 1------"‘ • .--------•-: \\....-.:<'''‘111 2-..._...1%i 1 1 I I Illi11.1.11`.3\ \ 4 4-/H.. ' . s ---...s......... -......--- -- *- V ,,.....PON:7 f.ce 2.4 t•••:17--...„, Cb 58.1•5'''''' • ' ...',•-• .,0,...Lt 56 43............111 ":"....... ,,,k, •---- 1111111r •-••••."...":.--"-:-..... . '..I{I,Sss'"'"••••.................s .. V.3117EAC'e. . . f 5 368 / .. .'-' -. .\ V1 .••• • ) •-•...„41 /......1 f I i.. .r... , , ,,•• r / i . 4• I 1 ., • / i ...........................1 : ill* , ,,----- 4 1-------------- SITE PLAN 1..ed ,..-----' . ., . , .. . . ..-1.- ...-- , . ri.,.. . r • • 4. ‘.1:• 6127 . . • • I . • Anthony J.Wright Oeotechnical Consultant 1470 Horseshoe Curve Lake Oswego, OR 97034 (503)635-3146 October 12, 1988 SLAUSON''CONSTRUCTION CO. ,INC. 415 N. State Street „pY;� Lake Oswego,Oregon 97034 ^ fi• ,l Attention: Mr.Sam Slauson STORM WATER DISPOSAL AND EROSION CONTROL PART OF LOT 132 (PARCEL 2) . FOREST HILLS PLAT. NO. 2 ,OCT 1;� 'i •, GLEN EAGLES ROAD LAKE OSWEGO, OREGON r We have investigated means of storm water disposal on the subject lot. Conventional means of storm water disposal to the adjoining street and right of way are not available. Deep soakage trenches are not considered practicable or desireable on the relatively steep slope of 1 1/2 horizontal to 1 vertical. We propose a system entailing temporary onsite retention and 0) controlled percolation into the relatively permeable topsoil zone. A site appraisal of the surface topsoil conditions'in the slope below the proposed residence, was made on October 10, 1988. The surface was quite bare at the present time except for numerous trees. Lower down, the slope supports brambles. The tree covered slope extends several hundreds pf feet to the Hunt Club. Signs of minor gullying and surface erosion were apparent in the upper portion of the slope. A small test pit, accomplished with a pick, revealed that the topsoil consists of fairly loose gray silt with roots and small voids to a depth of 18 in. Stiff gray-brown silt occurs below the topsoil followed by basalt rock at a depth of 2 to 2 1/2 ft. • The loose organic topsoil zone is considered to be quite porous. A simple pour-in water test indicated that the underlying incitu silt was only moderately permeable. We recommend that storm water from the rain drains b,► discharged to a surface retention-diffuser pipe system embedded in the topsoil zone of the slope, A plan showing an approximate location and details of the system are shown on attachments. A downhill solid 6 in. diam. PVC pipe should connect the rain drain ./ 612 s.t " j • • • • • _2_ 6 outlets to the two 6 in. perforated diffuser PVC Pipes, 110 ft in . length. The latter two pipes should be hand perforated (manufactured perforated pipe contains too many perforations) and laid in a slot that is cut into the slope. The diffuser pipes should be laid on a level ground contour to maximize temporary water retention and to assure uniform dispersion of storm water over the entire length of the perforated pipe alignment. The diffuser pipes should be surrounded and backfilled to the original ground slope with washed 3/4 in'. or 1 in. minus crushed rock. It may be practicable to excavate the slot in the slope with a small backhoe winched from the top of the slope. However, much of the slot excavation will have to be accomplished by hand tools • such as a flat bladed pick and garden hoe. The topsoil materials removed from the excavation can be broadcast downslope. It will be difficult to excavate a slot along a uniform contour due to occasional erosion gullies that will intersect the alignment of the diffuser pipes. Over local gully areas, the bottom of the slot can be built up with crushed rock fill, the toe of which should be keyed into the natural slope. A single line of 1/8 in. 1 diameter hole perforations should be drilled along the invert of each 6 in. diameter corrugated PVC pipe on 15 ft centers. The . holes in the second pipe should be staggered by 7 1/2 ft with respect to the first pipe. The ends of both pipes should be blocked with suitable sealed caps. The above storm water disposal system is based on a 10 year design storm of 2.61 in. over 5 minutes and a plan roof area of about 1800 sq ft. The design assumes that stored water in the diffuser pipes will escape both during and after the storm at a controlled rate. This system is considered to be essentially compatible with those conditions occurring before residential construction wherein rain water is absorbed by and discharged through the topsoil zone. Excavated materials from the footing excavations should be disposed offsite. All footings should extend to the underlying bedrock, Footings embedments of 1 1/2 to 2 ft along the downhill edge are anticipated, The footing excavations can be stepped on the uphill side to minimize excavation into basalt rock. Specific measures for erosion control during construction do not appear necessary. However loose materials from the various excavations should be removed as rapidly as possible from the site. The small amount of soil erosion that may occur during construction ib not likely to be significant or adversely affect downhill property, % 612? e i Y o rill) 1 R°P() j W O h , Pi \ 0 - O l•-. \ / i ‘.i''< a M O l' ti n • e. •fry.vii „\, LEVEL coNrsu y \ / l w ' J Di s. I. \<:.,,,,r Q 0\ ti? i y \ it t V , \ S¢.ALE llI DI. !° Pi-A n1 6• 13 • , n . I I W ... g . . yVj } -1��2 — ExisTuMa st.oPr= ' I� P• (\ /// 6+ A TOPSort. ( , IA ve ` sALKrti.� .- 6,04 PVC coed. Pr Pa n H o.v,4 • e 3 iNiN. c•vEo , N. `* "•, 0 . o`� 3/4"M?Nus wAgNCP 2' I. A r Crasser f?oe c I — .�_1 , 4 I4' �I.4.. �`�.-1•p:Y 4 - Le✓CL TO ±in ,i ta l ` ��9 hilLES ON ISICCNTERII I r'>. G _ i 'w141 �� 1 i C v 9 DIFFUSEFe - RETENTION Qi P6 OCT/Pk IL 613 l 0 'I I111 19^ , MEMO TO: MIKE WHEELER FROM: JIM BYERLEY, Bldg. Plans Examiner SUBJECT: PROPOSED STORM DRAINAGE SYSTEM FOR VAR. 32-88 (A&B) DATE: OCTOBER 19, 1988 A preliminary review of the proposed drainage system revealed one problem. The 1/8" diameter holes designed to allow the storm water to drain into the subsoil will plug very easily. There should be a two-chamber sediment separator placed in the line to remove particles large enough to plug the drain holes. There will be a complete review of the proposed system prior to the issuance of the building permit. ✓ ! • 111111111111111 6132 July 26, 1888 WC28133 Mr. Michael Wheeler The City of Lake Oswego 380 "A" Avenue Lake Oswego, Oregon 97034 Dear Mr. Wheeler: Subject: Proposed hearing on August 15, 1988, Case File VAR 32-88. My wife and I will be unable to attend the hearing. We are the owners of the property next to the subject case, and we would like to express our disapproval on Item B & C of the 3 requests. It is our understanding that the proposed parking these variances would create would be on public land, blocking the right-of-Way that is now owned by Lake Oswego. This is totally unacceptable to us. The applicants should have no more right to park vehicles (or whatever they want) on this land than anyone else in the area. Very)truly yours .?s l: • 1 i Robert & Sylvia McNeely 2650 Glen Eagles Road Lake Oswego, Oregon 97034 6 RAM:kf 6133 • : Y . August LC, 19Cb ' • • Development Review Board City of 'Lake Oswego 380 A Avenue , O,wec o, Oregon U7034 RE: CASE FILE NO: VAR 34-38 (A-C) We are ii: co.:pLete ac,ree.•:ent with t!erle and Donna Lyncn Letters dated August 14, 198b and June 14, 198b regardiny objections to granting requested variances. Enclosed are copies of their letters listing objections. As property owners of 2412 S. W. Glen Eagles Rd. (formerly 2190 S. W. Glen Eagles Rd.) we are not in favor of varying the codes regarding the applicants request for the three variances as noted in case file VAR 32-88. We are not in favor' of varying the code and do not want to start a • precedence of having an decrease of on-street parking in this case. We also bellwve in following strict code re- quirements as to off-sets, set-backs and view consideration of adjacent properties and existing bu4lding sites. _ Respectfully, C ,.r Lloyd., A. Pa junen, P;E. ! /•L' .I / - • Mildred F.FPajune:: • 2412 8. W. Glen Eagles Rd, Lake Oswego, Oregon 97034 AUG i 8 iS33 6 13 4 • , `rs Q1 t,, I 1 {�a,,, C . : 4 N ' August 19, 1988 Development Review Board ,' -,'"•'' ,:f� City of Lake Oswego S• 380 'A' Street Lake Oswego, Oregon 97034 AUG 2 2 ,-' ; Re: Case File No. : VAR 32-88 (a-c) � • Gentlemen: .;,y, �' • This is to advise you that as a property owner in the area of ;. ;; the above indicated Case File No. , I am opposed to all three ,,1,,'; •`r ' of the proposed variances. 1,, '..µ Z,' i 1 Due to previous commitments I regret I am unable to attend the hearing in person to express my views. Please enter this yt • letter in the record as my statement opposing the proposed ' ,, variances. 1 Respectfully, '':gin' ;� ; Aa-,d Don Patterson .r' �` 1 2675 Glen Eagles Road • .'a. Lake Oswego, Oregon 97034 "''u Y. • • 1., r. , e ,3t., ''' . 14, r o l ��t •n Ei l 3 u ,M,,: ,•i •' i t1 r,r ....PI t' ' a41 4 1 ',-U v b i•-,,tj t f lr2,,.. 7 •, y ,,"3 1,.� • s 1 t r F.t•i� sLi a q I 1 r�� - .n,�ly '�Y4 h G l , ,,.. s l t1� `� ' ,, 1 } ' 7' : ,,- ix ati4 H -q�`' t �7'I1 5i' , x • ,t ,i•rj,'#t- yryr.sp.se;,...--- -,,,„ r �dl 1t� t ! ?•�✓,.'�, 1 tr q ,, r 7 �r -:,,,e, h,l yi i1„. 1'+i=L 4'z``.p7++"S- r,+�5��l� \ � r • �� {� �tr ? t�•� mi>,„'.;T:.;.`'i/ a','j6r'vl 7? t;x .'''. ,r II w. ,Y.11 F '1 f ,, 1J,J ? l� +' ,`� ;sd .�✓ �„f ` • r •5 l� '�' f 1) tly.6x4'1 T Jtat i y,�e ••GJr�' ,G 1h 1�' .AJ '� -ry "' �7 r A " 1 f y r �j 1 j, d £y w' 1 plr{r , 1}�C1 <,.rl { },� I� rf.. _I el, •J• • ,'.14;o , rxl 1 ;+ .,:,� �_�'`e_"'as 1 r �a.�} a rl� .i any s".;_,� y�z- K,'4',k1.ii. 0, ...,..-,....,* 1 44.1/ fl .,,, ...--6 ., . .� G f �,4• r, \5 4 (a J' I 1 �r�rY.M T�u 1.t 1 `^Ay o 4'4.1.: .�J 4i)i I } { �. 4''"yui'.''.. 4�� „7 Ati�}r l��� 4f.4 }}}} '{ d�yyux,., it `Git r;s. zi l , • ir511 ,,, r f•t%.v+ }t �1 rimy •,� y �+ lY ?t1/a'r" rr,, i ,` v k qq N l I ,%e { "' �� ` x, It I o ?IV " ,m , b� iAyrP + lTk , •_• fj . r : '' 4 JU fer �,I y ,i+ ` it, 4 :aj a ,r p 11 ', ' V it rt.0.' ,� u lr am a a�r •oiztrt 1 PA 1 { 11 P � ., { y * 1,Ji.J'`` t a L• It. t 4 iti, 1;� „ . „,..it y o Ith 1n ,t r i} f} +'• 1:7 C1 -Ir.' M 1 1•r \(l�- a ip. ' .' it 'Of aC �' 's 3�` y' } N W tfrJ #t 411. it r 'a 0. a 'r , t lr'' �4. r ; 4 1.. a v1 , ilt (� -`4b /r Y;1 ,1 vit d r/jj�R�+vux zz rl F'•' a' �qtt i'4' S� ! I �4: a w ' n4 a'",•�l` � (it+� RYrI "'. S: f"1 1 '•t r 't • .jy :rqs 4 t' 1 ..R 4 ♦�.' , �. 4'`, , .;�. r a4 it 613 6 A r t • .4, h, V. e `..� 7 r i'1 ,�,.lt,�n r ,t','> rl'J 4 1:.�' 1 r ° r ,1 • L • 1 I ' } , ! STAFF REPORT CITY OF LAKE OSWEGO • LAND DEVELOPMENT SERVICES DIVISION - - • APPLICANT: FILE NO. : Arthur L. and Marilyn E. VAR 42-88 Reiling PROPERTY OWNER: STAFF: Arthur L. and Marilyn E. Renee Dowlin Reiling LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 1200 of October 28, 1988 Tax Map 2 lE 17AB LOCATION: DATE OF HEARING: 17308 Cedar Road November 7, 1988 COMP. PLAN DESIGNATION: ZONING DESIGNATION: • R-7.5 R-7.5 4 APPLICANT'S REQUEST • ' The applicant is requesting approval of a 5.8% variance to the maximum 35% lot coverage in an R-7.5 zone. The applicant proposes to construct decks and stairways in both the rear yard area and along the side between the two additions. I. APPLICABLE REGULATIONS A. City of Lake Oswego Zonino Code: LOC 48.225 Lot Coverage Requirements for R-7.5 zone LOC 48.650-48.690 Variances and Procedures LOC 48.810 Quasi-Judicial Evidentiary I Hearing Procedures LOC 48,815 Criteria for Approval VAR 42-88 Page 1 of 8 613i B. City of Lake Oswego Comprehensive Plan: Distinctive Natural Area Policies e°!) Objective 01 II FINDINGS A. Background: 1. The site is composed of 10,725 square feet. 2. On September 20, 1988, a building permit was issued for a remodel of the existing residence. Prior to issuance of the permit, staff notified the applicant that his plans exceeded the • maximum 35% lot coverage by 5.8%. The applicant chose to remove all the decks and slightly modify the garage in order to meet the 35% lot coverage requirement. 3. Prior to issuance of building permit, the applicant made the decision to apply for a variance to allow the decks. During discussions • with the applicant, staff described the variance criteria and told the applicant the criteria had to be met in order for the hearing body to • approve the request. 4. The remodel under construction has a footprint • of 3,793 square feet and has a total square footage of 5,204 square feet with the garage, 4,371 square feet without the garage. 5. The existing residence had a footprint of 1,775 square feet. 6. A 100 year old Douglas Fir tree is located ^ between the applicantis property and the neighbor to the south. B. Compliance with Criteria for Approval: As per LOC 48,815, the Development Review Board must consider the following criteria when evaluating a Class 2 variance: • 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has provided Exhibits 2-5 ih • support of the request. VAR 42-88 Page 2 of 8 1 2. For any development application to be approved, • it shall first be established that the proposal conforms to: a. The City's Comprehensive Plan; Distinctive Natural Area Policies Objective: "To preserve the wooded natural character of Lake Oswego, and the individual • distinctive features prized by residents." The site does not have any trees that are identified in the Comprehensive Plan as being distinctive natural areas. However, staff believes the objective of the distinctive a natural area policies provides guidance in �A, reviewing development proposals that may impact a significant tree or feature. A 100 year old Douglas Fir tree is located between the applicant's property and the neighbor to the south (the Mackles). Although the exact location in relationship to the property line is Unclear, the Hackles hired a consulting arborist to examine the tree and determine if the tree was or would be damaged by the applicant's construction. The cgnsultant's, Mr. Bill Owen, findings are included in this report as Exhibit 9. Mr: Owen has inspected the tree and determined the tree has not sustained any significant damage. Using specific criteria, he was able to place a depreciated value as an ornamental amenity specimen on Ehe Mackles property of $16,758 on the tree and has noted it should be preserved. Mr. Owen was unable to address what impact the decks would have to the tree as details on the footings Were not included in the application. If the Board approves the variance request, staff recommends the applicant be required to hire an arborist who is a member of the American Society of Consulting Arborists to supervise the construction in such a way so as to provide maximum protection of the tree. b. The applicable statutory and Code requirements and regulations; including: VAR 42-88 r. � Page 3 of 8 6 1 39 • i. For variance applications, the standards found in LOC 48.650. • As per LOC 48.650(1), the Development Review Board must consider the following criteria when evaluating a request for a Class 2 variance: a. The request is necessary to prevent unnecessary hardship; LOC 48.650(2) (a) notes relevant factors to be considered in determining whether a hardship exists. These factors are listed below and are not intended to be an exclusive list of considerations, but are to be used as a guideline in the Development Review Board's deliberation: 1. . Physical circumstances related to the piece of property involved. 2. Whether a reasonable use, similar to like properties, can be made of tha property without the variance: 3. Whether the hardship was created by the person requesting the variance. 4. The economic impact upon the person requesting the variance, if the request is denied. o The applicant states the slope of the lot has resulted in the decks being over 30" in height artd included in the lot coverage calculation. • While this may indeed be true, staff has calculated the lot has approximately a 7% slope and is considered to have a gentle slope. o The applicant has noted the decks are , necessary for their outside living area and that such decks are in keeping with other existing hotes in the area. Analysis Staff agrees with the applicant that decks are important to an outside living area and that other homes within the area also have decks. VAR 42-88 , Page 4 of 8 61 LI U However, staff believes the hardship was created • by the applicant when, prior to any construction, he did not alter his house plans to include decks and comply with the lot coverage. o The applicant stated the 35% lot coverage could have been maintained if the existing house would have been demolished. However, the additional cost of removal and starting over was estimated at $75,000.00 and was not economically practical and would create a financial hardship. o The applicant has removed approximately 60% of the existing residence. A review of the approved building plans does not substantiate the applicant's cost estimate. However, staff does concede a complete demolition would cost more. The applicant has not clearly demonstrated at what point the • demolition would become a financial hardship. b. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; •and, . LOC 48.650(2) (b) notes relevant factors to be considered in determining whether development consistent with the request is injurious. These factors are listed below but, again, are not intended to be an exclusive list of considerations, but are to be Used as a guideline in the Development Review Board's deliberations. 1. An analysis of the physical impacts such development will have, such as visual, noise, traffic and increased potential for drainage, erosion and landslide hazards. 2. The perceptions of residents and owners of property in the neighborhood concerning the incremental impacts occurring as a result of • the proposed variance, o The applicant has stated the proposal is in keeping with other homes in this area and will be a definite enhancement to the neighborhood. VAR 42-88 Page 5 of 8 614 t n )1 , o The applicant has also revised his original • deck plans to address what he believes are the neighbor's concerns. (Refer to Exhibit 3 for site plan and Exhibit 2A for narrative.) o The applicant has stated that they have access to and are adjacent to 825 square feet of property owned by the Lake Corporation. Using this additional land for calculations, the resulting lot coverage totals 38%. Analysis Staff has been contacted by several residents within the neighborhood and letters have been submitted addressing their concerns. These letters are included in this report (Exhibits 6, 7 and 8) and identify their perceptions about the incremental impacts occurring as a result of the proposed variance. Additionally, Exhibit 7, from the abutting neighbor, the Mackles, addresses the applicant's revised deck plans. Staff agrees that the additional Lake • Corporation property may lessen the visual impact of the lot coverage. However, the calculation of lot coverage cannot include property not owned, by the applicant. In addition, the size of the property is 10,725 square feet, which is approximately 3,000 square feet over the minimum lot size required by the zone. By virtue of the size of the applicant's property, an additional 1,129 square feet of lot coverage is permitted above what would be allowed with a 7,500 square foot lot. Example: 10,725 sq. ft. x .35 = 3,754 sq. ft. footprint 7,500 sq. ft. x .35 = 2,625 sq. ft. footprint Staff believes the lot coverage allowed by the zone provides sufficient area in which to construct both a residence and related decks, c. The request is the minimum variance necessary to make reasonable Use of the property; VAR 42-88 Page 6 of 8 w V o The applicant has stated that a substantial i 1 investment has already been made and, in order to protect that investment, a home the size of the one proposed is appropriate. The applicant intends to build a 3-bedroom, 3-bath home with a den. o The applicant has noted the decks are necessary for outside living area and are consistent with other existing homes in the area. Analysis The zoning ordinance does not provide specific relevant factors that can be used as guidelines for this criteria. However, staff offers the following points for Board consideration: o As noted previously in this report, the 35% lot coverage would allow a 3,753 square foot • footprint. Further, the zone allows a maximum height of 35' and the applicant has chosen a two-story remodel, thereby providing additional square footage in the structure. o Again, as stated earlier in•this report, staff agrees that decks are an important accessory to a residence. o issu ance st of aa ff finds the applicant, prior building permit for the remodel, had the opportunity to include decks and meet the lot coverage requirement. Additionally, letters from surrounding residents address the size Of the residence in relationship to other residences in the neighborhood, and provide some discussion concerning the reasonable use of the property (Exhibits 6, j 7 and 8) . d. The request is not in conflict with the Comprehensive Plan. See previous discussion of Plan policies. D. Conclusion Based on the analysis found in this report, staff • has determined the applicant has not met the variance criteria. Specifically, the applicant has VAR 42-88 Page 7 of 8 6142 not demonstrated the request is necessary to prevent unnecessary hardship. The applicant knew about the r") lot coverage requirement before he was issued a building permit for the remodel, but chose not to significantly alter the plans to include the decks and comply with the lot coverage requirement. • Additionally, the applicant has not adequately demonstrated that development consistent with the request will not be injurious to property located or to property established to be affected by the request. In fact, neighbors submitted Exhibits 6, 7 and 8 identifying their concerns about the incremental impacts occurring as a result of the proposed variance. In terms of the request being the minimum variance necessary to make reasonable use Of the property, the applicant has made some modification of the deck plans and has stated the deck area is important to outside living. Although staff recognizes the • desire for the deck area, the applicant, prior to • construction of the remodel, had the opportunity to alter the plans to include the decks and meet the lot coverage requirement. • III. RECOMMENDATION Staff recommends denial of VAR 42-88 as requested. Exhibits 1. Tax Map 2. Applicant's Narrative (September 21, 1988) 2A. Applicantis Narrative (October 14, 1988) 3. Site Plan 4. Elevation 5. Floor Plan 6. October 24, 1988 Letter from Lynn and Tom Black 7. October 25, 1988 Letter from Lawrence Mackles and Alexis Aquino-Mackles 8. October 25, 1988 Letter from Thomas Pine 9. October 28, 1988 Letter from bill Owen 10, October 25, 1988 Letter from Cynthia Marie Doak VAR 42-88 • Page 8 of 8 61 3 'ti ' rr ( rirl..04,1' . .t3.•:''..T1,„,•••• • . * 'I t, y d .. ••-•, '.1,'" co \ r;<‘ i an 79 .; ,.. �.' ti^ L s � ,Jp �r ram/ �� • w Mn ,xr. „� "' `yi•fib g „ «��` �i� b -tn.. 1 4 th Yd • ,/r a y 4 ��of 1 + . (0 0 sA' of Moo �d' " �p>-•a ; a , e , 3 ' ' „ m, i . 0 ,I=' i 10. /� '.; .�t4' • • /• q.h. •; �" ti� U•bq 00 pit.. -a 00 0 t '� _ '� 8 ' ,�,Q V Lys ' 't/ /4 14,• ci 0 .. k: Q Z �5 it 6, rL • • .�'' Mqh A i`:,. `' ,,.b goo l , �' 0 oo= �`�x,�a 140 `.'°L. da • if bw-k �•,,� . ^�� h.�' . '4r °' v> ° F'.. • . 6' 4 / ,- h�� .,,_� * • AID �. / 517 . . _ .., ti'' 11 ccrti ���° a '�'� t g ,$ `'• �N ,y�6,o0 Air , ,_ #. px 0, �wr Y� �0 Yir i/ �y •s 1,, • September 21, 1988 'SEP 2 2 `S,S3 • City of Lake Oswego Development Review Board City Hall Lake Oswego, OR 97034 SUBJECT: Request for Class II Variance for Remodel/Construction at 17308 Cedar Road • Dear Development Review Board Members: In August, 1986, we purchased subject property. Our express desire was, and is, to remodel and add to this existing residence as our permanent home. This house was constructed approximately 45 years ago, Since then, it has had major additions and remodeling several times. The existing structure is of poor design, due to the various additions, and needs • repair for rot, reconstruction of foundation, and improvement of weatherization as it is in need of double glazed windows and proper insulation. The Class II Variance is being applied for in excess of the 35% lot coverage restriction. The following are the points we feel pertinent to this request: 1. Setback limitations are not a problem; our proposed structure, with deck, complies with all existing setback regulations. 2. The major structure, less deck, has been adjusted to comply with the 35% lot coverage limitation. We consider the deck necessary for our outside living area, and feel it is in keeping with other existing homes in the area. 3. As this home is a major remodel and addition, we are limited by the existing structure. The 35% lot coverage limitation could be maintained if we demolished the existing house and started completely new. The additional cost of this is estimated at $75,000.00 which is not economically practical for us, and would definitely create a financial hardship. 1111 6145 a - • • Page Two City of Lake Oswego September 21, 1988 � Development Review Board P 0 4. We have already made a substantial investment in this 45-year old house and property. In order to protect and enhance that investment, we feel a home of this size is appropriate. We plan to build a 3-bedroom, 3-bath home with den. 5. The Variance being applied for is for an outside deck and stairway only. Because of the slope of the lot, the existing and proposed house is split level. The deck, therefore, is over the 30" above ground limitation and becomes part of the house for lot coverage calculation. The proposed deck is 593 square feet, and exceeds the 35% coverage factor by 5.8% (40.8% total). 6. We feel that this proposal is in keeping with other homes in this area and that the finished product will be attractive, appropriate, and a very definite enhancement to our property and the neighborhood. 7. it appears that other structures in the area may have been granted similar Variances. This indicates a need for some • flexibility in order to make remodeling and other construction practical, particularly in view of the limited lot sizes and slopes in this area. 8. This request involves a single family dwelling and is not in conflict with the comprehensive plan. • We fully realize that land use planning is very important for the future of our community. We respectfully request that this application for modification of the lot coverage restriction be granted. Thank you. Si el , L- .L. el Ingo Jr. / 411. Mar ly E. Reiling/ Remodel Project Address: 17308 Cedar Road Lake Oswego, OR 97034 Current Mailing Address: 17802 S.W. Hillside Way Lake Oswego, OR, 97034 6146 1 • . October 14, 1988 4. City of Lake Oswego It, Development Review Board Ig- .City Hall Lake Oswego, OR 97034 , . SUBJECT: Additional information pertaining to our letter of September 21, 1988 RE: VARIANCE 42-88 ) Dear Development Review Board Members: We offer the following as additional pertinent information to our , case. 1. Our yard on the lake front includes approximately 825 square feet of lawn that is Lake Corp. property. We understand this cannot technically be used in calculation of total available space for coverage, however, it is part of our lot/landscaping from an aesthetic appearance standpoint. If this may be considered, our lot coverage • factor, including deck and stairway, is 38%, or a 3% " variance. ' r 2. Our neighbor on the South, the Mackles, have voiced concern over our construction of the deck corner nearest them. We have, therefore, revised our deck plan by taking the stairway down from the South end of the deck rather than across the front as originally planned. This design de- emphasizes that deck corner, affectively placing that corner 3} feet further from the property line than was shown in the plan originally submitted to the Development Review Board. Attached are three views of the revised deck/stairway portion of our plans. 1 6.147 111111111111111 I - , • ' 1 Q ' F lire`�i41 n k, : ' of\•ON 7( N�, !/am ,u, ;��1 Page Two Y ` � 9 ,� ,I ,as ,�' '1 ,1' City of Lake Oswego �, ;,�.�?t;14 Development Review Board October 14, 1988 , (.tx,J,,, rR la ! �k yr IF�Ftit d 4 3. The Mackles have expressed concern over our setback � xa � ' ter,,: (5 feet) from our joint property line. Because of this, a1?,; ' '•' and alignment of the existing foundation'structure, we ,y,'W� • have adjusted the house set back on that side. The actual rrt setback along that side is now 5 feet at the driveway, and , i�4�, widens 'to 6 feet 8 inches at the front house corner '' a • (Southeast). We feel this compromise and the stairway revision adequately addresses the situation and should i°71��,f�; KLf, satisfy the Mackles' concerns. ` w #tir We appreciate the consideration and understanding of the Board in r�-1.4.i reviewing his request. ;�,�ao. 4;r.•' . ,,,,,,.....„ • 7 .1/4..., ,,„. , Si ' / !r• e t e ely, npc�,+ ,.,,,,,. __ .... . , „ / A.L. Rot-ring, Jri • , Ys i 41 Marilyn E. Roiling ' ' ; Current (temporary) 17841 Hillside Way ,yf^ Mailing Address: Lake Oswego, OR 97034 =`4'-;`;;' -; • • �s • M k, ,'4' 71 , raa*y' I.t G18 1.„4. - w` • v ' 1--� r r�4,p 'Q ��do Ir ..* R 1 •� • A u , `' ,, 1.. ut,• ,. 1 � •4,_.,• , .exy t3 afl{Yy. r +,•}dJy1 , • }f t'.. ti 1 rf M1�"1 /' — ,//7 r ! f /' r / / r "i' :T. '~ 1�•. i , /••IV. .fir -% rt . ✓J ✓ .r• II. • . ,• ii a .` {! , 9 .., ///////' '6,111-43Wier•i4.: 1,,, , ,,, • ` / , ' r" • • ' •11 r. 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G151 �a, i s k M\ ti , ,, ^., • • ti"—'\ October 24, 1988 Development Review Board City of Lake Oswego 380 A Street Lake Oswego, OR 97034 RE: Var 42-88, Proposed 5.8% variance to the maximum 35% lot coverage in an R-7.5 zone Dear Development Review Board Members, In regards to the variance request at 17308 Cedar Road seeking approval of a 5.8% increase above the 35% maximum lot coverage zoning code, it is our feeling, shared by others in the neighborhood that the proposed variance is uneccessery and should be denied for a number of very relevant factors described below. 1) No hardship exists due to the physical circumstances related to the property involved. The existing residence was a four bedroom, two bath home with decks. The existing residence has a lot coverage factor of 10.02%. The major remodel, not including variance request will increase the footprint to 35.36%. This rh significant increase in the structure's footprint and the fact that a large "m' portion of the existing residence was demolished to accomplish the remodel indicated that no physical constraints of the property justify a variance. 2) Reasonable use of the property allows comfortably for a four bedroom, 3 bath residence with decks and without a variance. In fact, the property now allows for a 3793 sq ft structure footprint and a 4600+ sqft residence. Reasonable use of the property dictates applying for a major variance to the lot coverage code in advance of construction to allow for alternatives. 3) The need for this variance was created solely by the applicants. Any hardships due to its denial were also created solely by the applicants. The applicants state that they purchased the property over two years ago with the express intention of doing a major remodel. There has been -mole time during those 2+ years to come up with a design that could accombdate a four bedroom, 3 bath residence with decks that would be within the 35% lot coverage code. 1are was also ample time to apply for a variance in advance of construction. They have been advised by the City Planning Dept. that there was no guarantee that their variance would be approved for 40.8% lot coverage, and yet they have taken the risk to procede with the construction of a remodel that is at the maximum lot coverage without any decks. 6I52 1 n ' ' ... ...ten ....�, page 2 1 10/24/88 Development Review Board City of Lake Oswego 1Var. 42-88 4) The proposed variance is not at all in keeping with any other home in the area. It would in fact be injurious to the overall neighborhood due to its visual impact and other subtle effects on the quality of the neighborhood. Most, if not all, residences in the area are nowhere near the maximum 35% lot coverage allowed. This is an area of many trees and residences that are in scale with their surroundings. The existing scale of homes in our neighborhood produces a feeling of privacy and balance that deserves to be maintained. The neighborhood has already suffered the loss of many trees at the site in'question to accomodate the major remodel. The size of this major remodel without the variance will make it an imposing structure in the neighborhood. Any variance to allow it to cover more than the 35% allowed by code would be a daily offense to the eyesight and sensibilities for people in the neighborhood and visitors to the area. 5) It should also be noted that contrary to statements made in the variance application, point 7 of the request, after checking with the City of Lake Oswego, no other such structures have been granted similar variances anywhere near this neighborhood. In summary, the 35% lot coverage zoning code is more than generous for this site. There is no hardship in only being allowed a 4600+ sqft residence with a 3793 sq ft fort thent.goodlt is most and well beingtoft to maintain the all affected and to maintrall ain theintegrity of the of neighborhood zoning codes. Sincerely yours, Lynne &Tom Black 17339 Blue Heron Road Lake Oswego, Oregon 6153 • Aro—`• 17292 Cedar Road Lake Oswego, Oregon 97034 (503) 292-9101 October 25, 1988 p Development Review Board City of Lake Oswego 380 A Street Lake Oswego, Oregon 97034 • • Dear Development Review Board Members: . Subject: Var 42-88, proposed 5.8% variance to the maximum 35% lot coverage in an R-7.5 zone. • This letter is in regard to the variance request at 17308 Cedar Road. As a neigh- , bor directly south of the property line, we ask you to deny the variance request. , Below we have listed some of the reasons for denial of the 5.8% increase above the 35% maximum lot coverage zoning code. 7 A. The Proposed Variance is 'not in Keeping with the Neighborhood 1. The trees, space and sense of privacy all give our neighborhood its special character. Most homes are nowhere near the 35% lot coverage. Also, most homes in the area have considerably less than the 4,600 sq, ft. structure being built by the Reilings. For example, our home has approximately 1,700 sq. ft. The building of a structure which dwarfs the surrounding homes has a negative visual effect on all who see it and ruins the beauty and balance of the neighborhood. 2. Allowing this variance could set a precedent which would encourage more . people ofas nteh35 l surpass the %h , lot otcoverage. This would drastically change the eo 3. The Reilings state in their letter of application that variances of this ` type may have been issued in this neighborhood. However, after checking with the Planning Department, it was ascertained that no variance of this type had been issued in this area. B. The Proposed Variance Does not Create a Hardship . 1. The Reilings purchased their home approximately two years ago. They have had an adequate amount of time to plan a structure which would fit their requirements and be within the 35% lot coverage. 6.154 ElI/ 4 • • T n • • Development Review Board Page 2 October 25, 1988 2. If any hardship exists, it has been created by the Reilings who are requesting the variance as they proceed with their remodeling, instead of securing the variance before beginning construction. C. The Proposed Variance Does not Address the Concerns of the Neighbors In their letter to the Board of October 14, 1988, the Reilings referred to us, Dr. and Mrs. Lawrence Mackles, in points 2 and 3. 1. In point 2, the Reilings state they have taken into consideration our distress at the impact their deck and consequent structure will have on us. In fact, the Reilings have proceeded with their building without any regard to our concerns or feelings. To state an example, we have had to hire a Consulting Arborist, Bill L. Owen, and an attorney, John Marandas, to confer with us on saving the beautiful 100-year old Douglas Fir which is located on both our properties. We felt compelled to take this environmental action as Mr. Reiling wanted to cut the tree down and showed no regard for our wishes in this matter. 2. In point 3, regarding the setback and revised position of the deck, ' neither of these minimize the loss of our privacy as implied in their fetter. ' In fact, due to the design of the structure and removal of trees • from their'property, we are losing all of the privacy in our yards, both • front and back, as well as the privacy on the entire south side of our home. We are terribly upset that the beauty and privacy of the home we purchased two months ago has been greatly diminished by the Reiling's remodel and will be further compromised if the variance is granted. In conclusion, we feel the 35% lot coverage zoning code allows for the building of homes appropriate to our neighborhood. We can see no hardship in building a 4,600 square foot residence within the 35% lot coverage limit on this site. We feel it is imperative to keep the charm, balance and integrity of the neighborhood. The existing maximum lot coverage zoning code was established to maintain the standards for the benefit of all Lake Oswegans. Sincerely, Lawrence0_4 F. Mackles, M.D. /'./� e � C�tic3—/GAG/-_ Alexis F. Aquino-Mackles udk Wes' 6155 • • October 25, 1988 OCT 6 ,. , Development Review Board CITY OF LAKE OSWEGO City Hall Lake Oswego,OR 97034 RE: Comments on Request for Class II Variance for Remodel/Construction at 17308 Cedar Road, VAR 42-88 Dear Board Members: As a practicing architect for 10 years, I am very much aware of the importance of zoning regulations in preserving the scale,character,and general quality of a neighborhood. Height regulations, set-back requirements, and lot coverage standards are important factors in protecting adjacent neighbor's privacy, views, natural light,and landscape, while still allowing tremendous latitude in the design of individual residences. I am also aware of the importance of allowing variances to property owners based upon special considerations which could not have been anticipated by the zoning ordinance. On behalf of my clients, I have applied for and been granted a number of variances which responded to the intent, if not the letter, of the code. My concern about this particular application is that it violates both the intent and the letter of the zoning code. I have reviewed the applicant's letters of September 21 and October.14 and believe that their arguments in favor of their request are not valid based upon the criteria outlined in the Lake Oswego City Ordinance. Specifically: - The applicant's argument that the elevated decks should not be considered as part of the lot coverage calculation is contrary to the Zoning Ordinance. Elevated decks have virtually the same impact on privacy, natural light, views, landscape, and perceived building mass as enclosed structure. - Lake Corporation property cannot and should not be used in calculating lot coverage. This is comparable to a property owner using an adjacent city park in their calculation of lot coverage. Lake Corporation land is neither owned nor controlled by the applicant. • - The applicant claims that similar variances have been granted In our neighborhood. I have walked through the neighborhood looking for evidence of this and have found none. - The applicant's argument that the request is necessary to prevent unnecessary hardship is,perhaps, the most curious. With a lot area of 10,750 s.f., the owners is allowed approximately 3,753 s.f. of building footprint. Subtracting 1,000 s.f. for garage and decks, the applicant cah still build over 2,700 s.f. floor on multiple levels. The proposed house is in excess of 4,300 s.f. Even assuming one level, a 3,750 s.f. house does hot constitute a hardship,even by Lake Oswego standards. Most people in this neighborhood are"surviving" in houses of 1500 to 2000 5.f. 615E • Page 2 Development Review Board October 25, 1988 As a neighbor and resident of Blue Heron Bay, I am concerned about the precedent which would be established by granting this variance and the direct and indirect impacts on the neighborhood in which I live. Enforcement of the city's zoning regulations Is the most Important factor In preserving the scale,character, and quality of our neighborhood. Variances,when granted, must be based upon far more convincing reasons than are evident In this application. I respectfully request that this application be denied. With best regards. Thomas G. Pen 17255 S.W.Blue Heron Rd. Lake Oswego,Oregon 97035 A • • j 615/ WILLIAM L.OWEN and ASSOCIATES Tree and Landscape Consulting Services A. . . 1331 S,W.BROADWAY,PORTLAND,OREGON 97201,5031222-7007 caw:�.pii'UM October 27, 1988 Ms. Renee Dowlin . Associate Planner City of Lake Oswego 05`) 380 "A" Avenue 0 Z ' Lake Oswego, Oregon 97034 �,v‘ Dear Ms. Dowlin: At the request of Mrs. Alexis Mackles, on October 14, 1988 I inspect- ed a large Fir tree on her property at 17292 Cedar Road, Lake Oswego, Oregon. The purpose of the inspection was to attempt to ascertain the tree's general condition, value and what possible impact construc- tion on the neighboring property might have upon the tree. As a re- sult of that inspection I can make the following preliminary report. The tree is a basically sound and stable, old specimen of very substantial ornamental amenity value to the property. At the time of my inspection, I saw no significant damage on the neigh- . bor's side of the property to the root system, though some dis- ' turbance .had occurred. I also recognized, however, that the 2 tree could be placed in substantial jeopardy from root damage, possible destabilization, and long term harmful affects if the wrong construction practices were used at its root base on the neighbor's side. Also at the request of Mrs. Mackles, I have appraised the tree and can give it a depreciated value as an ornamental amenity specimen on the property of $16,758.35. The criteria and data in substantiation of this value can be supplied upon request. , As to the future construction proposed by the neighbor, I have only seen preliminary plans, which do not define specifically the actual impact this construction could have on the root system. I can there- , fore not make a definitive statement regarding any possible trauma to . the tree from such construction. However, I certainly urge extreme caution in any construction which may occur on. Moreover, in order to insure that the damage and trauma to the root system of the tree is minimized to the lowest possible level, I Would have to be present during any construction activity in its root zone to be sure certain safety practices were observed. . o•` � ,, INSPECTION.DIAGNOSIS AND EVALUATION OE TREES,SHRUBS AND RELATED PLANT! ,., CONSULTATION WITH RESPECT TO PLANTING.TRANSPLANTING.PRESERVATION.MAI ' .:t1d4 i. ;:' ARBOREAL PLANNING,COMI'REHENSIVELOSS OR DAMAGE REPORTS,DULY SANCTIONED APPRAISALS 1 --' POR LEGAL OR CONTRACTUAL PURPOSES.LEGALLY ACCEPTABLE TESTIMONY IN COURT CASES. . 158 n Ms. Renee Dowlin October 27, 1988 ,'—' Page Two 11 I believe the tree is of truly significant value to both properties and would urge strongly that great care be taken to give it every possible protection to avoid damage. I have so informed Mrs. Mackles and am awaiting instructions relative thereto. If my appearance at the hearing regarding this matter is necessary, I presume Mrs. Mackles will advise me. Let me know if you need further information relative to this report. Thank you very yours,,-- Very truly' o�j Willi vwen tF�l�U American Society of Consulting Arborists #114 • WLO:jmc cc: Mrs. Alexis F. Aquino Mackles I • 6159 yY 4 EXHIBIT e y i l to A/taue Zoct4 1 10 17784,1 S. (W. Cautnat !J_l2tue 2aIL CCongo, CD2e9on 97034 , Oe 1vs, . ds.,. .„r,_,. „2„„....., ate-art-d. , ORE ; Iftu cartce. y6)-8S' ,p am- t wi.t.hric9 at Ll "-d. tz - “L: t u-.c t.o,t.. bfx.Paito Liako.c� c 17308" eo,cLaA) mxn. -tRa. 'ht`rat-d-oi t.3 oi U du y . J ✓4-0 2 ern. ?a:IL- i 0k /5u ttcu i-t A t. cit. a uL�¢�, an. -G-a.4.i-i. CUTI. rt lifeaci t CA du C.Q. Li " c• O -�ti d _. t. t,, .J'U, 41,c,r cA, ,1_c.A,k tb rr� .E' and CAA- ovt�. 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