Approved Minutes - 2023-09-06 PM
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CITY OF LAKE OSWEGO
Development Review Commission Minutes
September 6, 2023
The Commissioners convened at 7:00 PM.
Members Present: Vice Chair Bruce Poinsette; Dwight Sangrey; John Dewes; Kristen Bates; and
Helen Leek
Members Absent: Chair Randy Arthur, and Russ O’Connor
Staff Present: Johanna Hastay, Planning Manager; Evan Boone, Deputy City Attorney;
Daphne Cissell, Associate Planner; and Kat Kluge, Administrative Assistant
PUBLIC HEARING
AP 23-02 [499-23-000594-TREE]: A request for approval of a Type II tree application (499-23-
000594-TREE) to remove 31 trees; 30 Douglas-firs (8” - 31” DBH) and one 7” DBH madrone, to
construct a new single-family dwelling with landscaping improvements.
This site is located at 18703 Bryant Rd. (Tax Reference 21E17CC1301). The Staff Coordinator is
Daphne Cissell, Associate Planner.
The hearing on this Type II Tree Removal project was continued from August 21, 2023, to allow for
additional written testimony specifically regarding the removal of Trees #10370 and 10371. The
date specific for the continued hearing is September 6, 2023.
Written testimony and new evidence are limited to the request to remove Trees #10370 and
10371, the following Type II tree removal criteria: Criterion 3(a) and 3(b), and, if warranted,
Criterion 3 / Exception b.
The following testimony guidelines apply:
• Any person may submit new evidence in the form of written testimony; testimony must be
received by the city by 5:00 pm on August 28th, 2023.
• Any person may submit written rebuttal to the new written testimony; rebuttal must be
received by the city by 5:00 pm, August 31st, 2023.
• No new testimony or evidence is permitted during the rebuttal period.
The hearing on this project was also continued to allow for submission of a memorandum from
the City’s Attorney’s Office addressing the applicant’s question of whether the City of Lake
Oswego Tree Code complies with ORS 197.307(4) (State-mandated clear and objective
Development Review Commission Minutes
September 6, 2023 Page 2 of 3
requirements for regulations pertaining to housing development) as it relates to the request for
removal of Trees # 10370 and 10371.
Following the Commission’s deliberation, the Commission will direct staff to prepare written
findings of the entirety of its decision for consideration on September 18.
Evan Boone, Deputy City Attorney, outlined the purpose and timeline of the continuance. He
noted that he could answer any questions members may have regarding his submitted memo . He
asked members if they had had any ex parte contact, conflicts of interest, or bias since the last
hearing. Each replied in the negative.
Staff Report
Daphne Cissell, Associate Planner, added Exhibits E-006 to E-009 (Applicant’s graphic exhibits)
and Exhibit F-006 (Applicant’s new written evidence). She noted that no rebuttal of the new
evidence was received. Staff recommends approval of AP 23-02, as conditioned in the August 21,
2023 Staff Report. She summarized the findings of Mr. Boone’s memo as: Trees #10370 and
#10371 were requested for removal for landscaping improvements, not for housing
development; ORS 197.307(4) did not apply.
Questions of Staff
None
Deliberations
Mr. Boone instructed Vice Chair Poinsette to proceed to deliberations; reminding them that the
scope encompassed whether Trees #10370 and #10371 met Criteria (3)(a), (3)(b), or Criterion 3 /
Exception b.
Commissioner Sangrey started the deliberations by saying that, at the last meeting, he was
concerned with the potential conflicting data presented by the Applicant, staff, and opponents
regarding the visibility of the trees on the street. He thanked Mr. Boone for his excellent memo.
He relayed that he was now convinced that Trees #10370 and #10371 did not fall under any areas
of Criterion 3; adding that he was prepared to change the motion that he made at the last
meeting to remove the denial of those 2 trees.
Commissioner Leek stated that she agreed with Commissioner Sangrey because the Applicant
made a cogent argument through the submission of the drone footage. She opined that these
were not significant trees and were requested for removal for landscaping improvements; adding
that she was ready to approve the application.
Commissioner Dewes noted that he supported Commissioner Sangrey's position at the last
hearing; however, he would look to change his position as well (based on the follow-up evidence).
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September 6, 2023 Page 3 of 3
Commissioner Sangrey moved to approve AP 23-02, consistent with the conditions in the August
11, 2023 Staff Report. Seconded by Commissioner Bates and passed 5:0. Mr. Boone instructed
staff to return with the Written Findings, Conclusion, and Order on Monday, September 18,
2023.
SCHEDULE REVIEW AND MANAGEMENT UPDATE
Ms. Hastay, updated DRC members on upcoming meetings:
September 18, 2023 has the Findings from this hearing and approval of the Minutes. She
requested that members meet at 6:00 PM via Zoom.
Commissioner Sangrey moved to change the meeting time to 6:00 PM and to appear via Zoom for
the September 18, 2023 meeting. Seconded by Commissioner Leek and passed 5:0.
October 2, 2023 has an application for a Conditional Use and a Development Review permit
modification for the Lake Oswego Country Club and the work sessions regarding prior
administrative requests (postponed from this meeting due to Chair Arthur’s absence).
October 16, 2023 may have the Findings from the prior meeting.
ADJOURNMENT
Vice Chair Poinsette adjourned the meeting at 7:12 PM.
Respectfully submitted,
/s/
Kat Kluge, Administrative Support