LU 23-0002/AP 23-04: A request for an RP District (wetland) Unavoidable Crossing to Install a Sewer Line and Serial Lot Line Adjustments.

Project Background / Summary: 

A request for approval of:
• Serial lot line adjustments resulting in five (5) residential lots, two of which are flag lots;
• Unavoidable utility (sewer) crossing of a delineated Resource Protection (RP) District (a Class 2 wetland); and
• Removal of 43 trees.

Project Updates: 

May 30, 2024:
The three-day hearing concluded on May 30, with witness testimony, documents and legal argument.   The judge did not indicate when to expect a written ruling.

April 8, 2024:
The hearing date set for whether the application would “violate a substantive provision of the local comprehensive plan or land use regulations” [ORS 227.179(5)] is May 28-30, 2024.  Following the hearing, it is unknown when the Court will issue a decision.

March 6, 2024:
The Court issued an opinion that Chapter X is a “land use regulation.” The Court has not set a date for hearing on whether the application would “violate a substantive provision of the local comprehensive plan or land use regulations” [ORS 227.179(5)].

February 21, 2024:
Argument was held on February 9, 2024. The Court granted a Motion to Intervene, denied the Intervenor’s Motion to Dismiss, and heard argument on whether Chapter X is an applicable “land use regulation”.  There is no set date by which the court will issue its decision on that issue. 

January 25, 2024:
The Applicant filed a Petition for Peremptory Writ of Mandamus with the Clackamas County Circuit Court (see Related Links / Public Record of File / Circuit Court). The City no longer has jurisdiction of this Application for appeals; qualified persons may intervene in the Circuit Court proceeding (see ORS 227.179(2, 5). Qualified persons that wish to intervene are advised to consult their own legal counsel. According to the Writ, the next court date is February 9, 2024, at 1:30 pm. The City's compilation of the Record can be found at this link:

January 23, 2024:
The Development Review Commission adopted the Order on Evidence and the Findings, Conclusions, and Order

January 16, 2024:
Development Review Commission Rescheduled. The adoption of findings will be rescheduled due to inclement weather. Please check back for the date and time.

Development Review Commission Continued Hearing to Wednesday, January 3, 2024 at 7:00 pm The hearing on this project was continued for a second time from December 18, 2023 to January 3, 2024. The public record has been left open for seven days to allow for additional written testimony. New written public testimony is due no later than 5:00 pm on December 26, 2023.

Development Review Commission Continued Hearing to Monday, December 18, 2023 at 7:00 pm:
The hearing on this project has been continued to allow for additional oral and written testimony. The continued hearing date is December 18, 2023, with the hearing to begin at 7:00 pm. New written public testimony will be accepted until 12:00 pm on December 18, 2023. Please see the Notice of Public Hearing (link in the Public Record of File) for instructions about how to sign up for oral testimony. NOTE: New testimony must focus on new matters not previously raised or addressed in written or oral comments presented to the DRC during its first evidentiary hearing on November 20, 2023.

Public Hearing Confirmed:
A public hearing before the Development Review Commission is scheduled for November 20, 2023 at 7:00 pm.

Appeal of Staff Decision
On October 25, 2023, staff issued a Notice of Decision approving the requested lot line adjustments, unavoidable crossing of an RP District, and tree removal. On November 7, 2023, the appellant, Lake Forest Neighborhood Association, filed a Notice of Intent to Appeal staff’s decision. A public hearing before the Development Review Commission is tentatively scheduled for November 20, 2023. A Notice of Public Hearing on Appeal was mailed on October 31, 2023.

September 22, 2023:
A previous notice on this application was mailed on July 19, 2023. The applicant has submitted additional material related to stormwater management and sensitive lands. Therefore, the application is being re-noticed with a new comment period ending October 6, 2023.

Kimball Baliene
Lake Oswego, OR
Project Details
LU 23-0002
Danelle Isenhart- Emerio Design/ John Gliebe- New Look Development
Project Contact: 

Ellen Davis, Senior Planner

Tax Map/Lot: 
Hearing Date: 
Monday, November 20, 2023
Related Meetings Related Links Neighborhoods

Lake Forest