HomeMy WebLinkAboutApproved Minutes - 2008-11-240
OE LAKE 051,,
City) cif Lake Oswego
Planning Com mission Minutes
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OREGON
Noveimdeir 24, 21008 APP
I. CALIL TIO ORI]BR
Mica Chair Philip Slewarl ca led the Alanning Cammiiss:ion meeiting of ' Monday,
N oveimben 24, 2(l(W to onden at 6:0_`1 p.m. in the Cour. ci) Chamburs of City Hall, at 38(I
"'A" Amenue, Dal a C swego, Ovagon.
II. RIC LL CALL
Members praseinil were dice Chlair Ahilip Slewarl, Adrianne Brockman, Scot Siegel and
Alison Wabstar. Clhah Clisson and Commiissiiancin Mar)1 CNon wenei excused.
Staff Ipnesent wane Dennis Egnpri, Llong Rlangu Planning Managen; Jonna Papaeifthlimiau.,
Natural Resourcus Alannen; Evan Boone, Deputy City] Atllornay and Iris Tlicinan,
A dm:i mi stnal i we Suppari .
Ill. C 11TIIZEN CC MME NT
Carolyne 3oneis, 2818 Ploplar Wav, complained tHal meciting rninwcis did not acicurateily
repre:ieir.t ciiti.20r, tusllimony and sHould be made awai'lable sooner. The. Cammiiss:ioneirs
observed thea purposci of t1 a written minuileis was to summariiza lhei prbcieedings and
actions taken by t1:a Planning Commissicin, and a full audio necionding of each maerting
was available to the public mia thea website Alarlly after eacihl meeting. Ms. Janeis
explancid thail .iha relied miorei on thle minutes Man 1Iha audiia fon neiseauihl and to
potentially dociumeirt a lawsuit relaledfo City consua:inils on lhei uses of hlerrproperq. Thle
CommiiaSioneirs suggested Ms. Jones aoul'd chlosei to submit writ7lan testirr any at the
meed ing.i on a: k them lo a ttacil:l her owr, , verbatii m , transcript to the rr i nut es t afora thley
voted on 1l:lem. Ms. Jones naisac otHen cionaerns about lhla inond:inale volume of
information and How quicikly thle Commissioners had gone thraugli iil ail the preivious
Heariing. Stela also ciamplained that tha staff neporkc did not include feedback from
cilizcins.
I`l. MINUTES
The Plannirg Commii:ision postploned voteis on the Minutes of October. 121, 2008 and
Septembar 29,'1008 until thelia Dlecarrbav 8, 2008 meriting.
C ity of Lake Oswciplo Planning Corrim:issiani
Minutes of Navember 24, 3(IQ8
Pagel 1 of110
M. PIUIHIJIC HEIARING
Community D16elonment Code Amendmentsi
A reiquesl from thle City ofl Lal. ei Oswego for ameindrr eints to the Ccamrr, unity,
Dlemelollmieint Code (CDC) and an amendment to thea Comprehlensime Alan.
C rd inan cie 2527, DU 08-0051, CDC — Sensitive Lands Overlay District
Amemdmeabi. Air.eincs porion oflthei Community Elcivelopment.Codei Arlicilei `_10.16.
Rioposead updates pertain to the following tapia.,r consistent usages of terms, permitlleid
uses in resaurcaei areas (seicaonc -story add'l i ons, ul i li ty tunneiling, street or bail signs,
accciss to new lots), `Wilclife-frieindly" fences, "reasonab'Ic development" or prapearty
lolaaly covered bywetland or stream reisourcesi, map aorreictians, development pracaedureas,
waten•dapendent uEes suah as doaks along thea Willlametlle and Tualatin Rivers, hlazaidaus
miaterals storage, and ivy removal as a caandilion of development approval. Staff
cioardinator wase Jlonna Aapaefthimiou, Natura] Wsiouraeis Fllanneiri. Conitinueid from
Septeambaar 22 and 29; 'October 13; and Novemibear 10, 2C U .
Mimi Chaiiii Sl ewarl reopened thea publl i c blearing and eaxpl aineid thea applicable procedures
and criteiri a. He asked the Commisssi canears 16 decll as a any ex partes contacts (inic:l uding sites
misils), bias or coniflical of ir.iterest regarding lhea application. None werea decilared.
Jonna PlapaeltHimiou, Natural Remurcus Alanner, presenteid the stafflreport.
New Gnalhies
M.% Rapaeifthlimiou said the reiviseid Sensitive Lands Atlas would now show thea streams
aorriidar buffer and canstruction bufler as well a:a lhle corridor itse:lfl Shea preiseinteid
impravead graphics that staff) proposed to insert to illlustralea code stream corridor
proteietions. They showed both typeis of buff✓irs and weue to scaale. Most replaced
eixistinig graplgics, bul two neva illustrations show -ed thea buffers on aulverts. Shea .sand thUy
mostly showed what the caurrear.it code required, but the illustration; shlowed steeap slopes
nasi 25% beaciawiFa staff pioposead to definea a siteeap slope as 2.`I% or gileatei in the ievisaead
code. SHe said staff also proposed to measures the buffer from lhei edge of legal fill
instesad of from thea lop of bank in situations wherea lege fill covered thea or..'ginal top of
bank; Ms. Aapaefthirriou said they currently had to estimale whlarea the top of bank had
beaeri. Shea .said that' still needck to fashion a methlad to reasolme wHere the lop of bank %wi
al a,culver . Whesr.i asked, she confirmed thea buffer arena had to remaain natural vegatationi.
O r. e C omm Commissioner suggested 111a aulvert buffer should acl ual ly be labeled a "dist urbeac
arena" because it typica ly was. Thea Commiss:ioncrs saw a neck to discuss how to
difflsresr.tly address inlermitllent streams. ThaN ganesrallly aaceipteid tra praposad graphias
becaausea they warn mores reialist:ica rapressanlatians cif Ithea cacanaespts thaN were ;uppo.sad to
illustrate. However, they planned to amirriine and discuss thea speac:ifia standard:a laler,
Simplified Rniew
MIs. Aapaefthimiou disaussed propo.aesd amendments to thea Senisiticse Lands Cmerlay
District caodea. Some ameindmientsi s:imp]ifiesd thea enimirionmental remiew pracie;s for small
projacj by making lhes "tnlggei" for then pioaess "deavelopmenit," instead of "llanc
City cif IJa{kea Osweglo Planning Commissicin
Minules cif Novetril;er 24, 2(1(181 Page 2 cif l(I
disturbance" and cxeamipling certain activitieis, from review, suah as neipairing an existing
structure or riemoving ivy and neap] aci ng it wits native plants.
a
Thea Commissioners caonsidelnead vertical additions to nonconforming structures in
R esourcae C lonse niat:i on (RC) ar R esouraei Plriotecil ion (RA) Di sti i cts and whethar
canlileiveireid additions should be allowed to praject out from 1he original fbalprirat of thea
structures. ThUy noted a cantilevcneid structure might afftaat a rascauncic by blocking nauin
and sunlight. Staff admisead thal thea "footprint" did not include the area under the eavieas aft
thea stnicturc, on a shaft on courtyard, and `structtac" was anylhing 30 inches ar h:igheir
above Ole ground, so any caantileaveiread structurea (Such) as a deck) that was :10 inches or
move aabavei ground had to be within thea original focilprint. The Comssionars said than
shlaulc be miade alear in thea ciodc amandma.ms.
Thea revised amaewidment:l histead certain tyrIeas ofldevellopmeanl pnojeals in tKisouace districts,
incduding landscaping and neapair aat:iviilliesa, whicahl would not bei subjecal to thea
eanivincanmeantal rev:ieaw pnoaesss, as :long as they were aecaamplisheid in a manner thal
cionfbrmed to lhle applicabllea, standardsa, whiehl caallead for miinim:11211"nag impacts and a
miit:igalion plan. Na aplplliaatil an oil ftaea would lea raquiread, buil thea develoflar would lea
subjecal to aodei enfoncamiant action, if neicesas q. 'Italff anticipated this ahlange would help
landowners who saeemead somawhat awflous and unaarta:in abaul what kind of permission
lfley Elad to get 1ci do those things and it would make some resatoraation and eanhancemeint
pnojeactsa easier. They notead sucah projeacts created a pullic bencifit, and the proposed
r1rocaeass would not nequine costly, professianal, riesaourcie ceilineation. Tile prcaposaed
® amendments also would spacai.fwally allow signs and kiosks to mails roads, traihi and
Alublic facilit:ieas in resouncaea distriats. None of lhla Clommiisa:ioners ahlallonged these
ahanges.
Carolvne Jlclnesi, 281E Poplar Way, was noel siuie that the material the Ccammisssianars
ware discussing was in filen packet. The Clommiisslonensa avid staff) explained thley hhd a
binder cionla n;ing all thea sequential staffl nelports nelaled to thea Sens it:ivie Bands C varlay
Diistriiat ainendmeanls and that staff hlad modificad ilhlea writllen matearial somewhat soca it fit
on the slides thley were prFaseniling. Ms. Plaplaeafthlim:iou eaxpla:ined the graphics wears lin the
originall stiff rieport. She! said staff made copies of t1 a staff reaparl s availlable fdr the
public to iiefen to dufng Planning Commission m(aeatings and thosea reports wore also
plosilead on ilhea weabsile 1Ihei same day lheay vwene mailed out.
David Miller, 5621 Willow, staled that hes was thea archlitaat of a house on Cedar Court,
which was on a lot that wasi fu1]y constrained by the RP District. He nedated it was the
first timea he had even danea work :in Lakea Cswego and ha had found tha Lala Oswego
code mons d:ifficault than the code of any other 'lurisdictian he had worked in. He
ind:iciated that thle proposiead changes would be hle:lpful.
What is a "Aeasohable Sized Hoamifl "
M.S. Plapaefllhimiou discusssead what w sa a " wasonablei sizead hlousea" llo alllow on a fully
eanaumbared loll. Shle si id stafflcurreantly fhllowead the C:iq Attorniey'si advice a to apply thea
® Floor Area Ratio (FAR) arc lot coverage that would be allowiead on thle slmallesat leagal lot
C it) of Lake Osweago Planning Comimi? sic n
Minuteis oflNovembui 24, X108 Pagea 31 oft 10
in the zone. Flor examples, on a largeir-than-10,(1(10-square-fool, totally resourae-
encumbered :lot in the RI -I 0 zone, the development wauld bei sut ject to the same limits
applied ta,, an unencsum bened, 10,(100 sq. ft. lot in that 2 one, and tha developer was
allowed to build one residential dwelling with a garage and acsaess. However, they were
nol necessarily entitled to conventional landscaping or accessary strucitunes. She then
pointed out thea ,iWff report suggested threie alternates ways to find what was a "resasonable
sized house." Shei said slaff and Comm:issioneni Broakman hlad subsequently fashicsned a
fourth alteirnative. Option A set a rrviirnum disturbancse area and was similar to rhes
method :in the Metro Title 121 Model Code. Cpiion B redateid a 1owab]a lot coverage to th es
minimum nimum sizeid lot in the zone and added P. di si urbancie area. C pti on C related al l owabl e
house site to the averada size of abutting hloustis, and set a mviimum disturbance area.
The fourthl and neiwest alteirnadve reflecited Commisssionen Brockman''s adv:icie to factar in
thea res ationshi p beitweien neighbors and sl ep down the heighlt of a strulcturei as it began to
enciroacli into code -required setbacks between neighbors. Commissioner Braakman
observed that buyenss ktiew what the resource designlation was and what the "rules" were
when they purchased the propert3, and height had a big impact on neighbors.
Caste Stu dies
Ms. P apaefthi miou then presented case studies of whal devad open enit might be allowed
under tha d:ifftsrant options on totally resource encumbered lots under the current code and
under lhle altemaie options.
The first case study the Clammissioners examined was an RI -10 zaneid partied on Cadar
Caurt. Commissioner Siege] obseirved the City had to baanae cscsmmunity valueis cif
protecting the natuna] resow ces, assuring the devel cspmeni was tom patibi a with the
neighbors, and applying the code fairly and consistently., Commissioner Brockman
sudgested allowing the owrer f axibilit3 of design if it was environmenita:ly friend]}. Shle
thought that a csant:i l evered deak could bei avoir a resom ce if its deli gn I lei water and
sunlight thilough. She necialaed Arank Illoyd Wright hat designed hauses over streams
She recsalled seeing ]osis aflhouses on stiltsi in hake Osswesgo. Mice Chlaiix Sumart observed
that econom:icss and property rights Had tcs be considered. Cammissioner Siege] then
suggested all awing therdeve'oper to choose thea alternat:ivc that muiimizeid the benefits to
both) the owner and tha communit31. They could trade architectural features the) wanted,
suah as a deck, with incsorponalion aft enviranmantal- and sus&natlilit�7related Riatures.
Commissioner Wabstens observesd the slate and regional governments prioritized resourae
prat ecti on, so there sshoul c be a limit on how m ucshl leewa) the proparl y owner could
have. Cammiss:ioner Broakman stressed that Jf an owner aould build sameithing
environmentally frieinday, they should. be able Io do that. She suggested owners be
allowed to replant niatural vageitation in a buffer areia. She said that would sail] protecsl
waterways from erosion. She sugdesl ed fashi oni nig somei ki nc cif I special revieiw for
bidder homes that meit all soil backs and code requineim ents. The burden waul d bei an th e
applicant to show it. was environmentally ftiendly.
Tim Mather, 11590 FFsrmwood Dlriyu, thea owneir oflthe C.cidan Caurt prapert3, said the lot
was a ahallenging site, and he hat found thei Cit31 hlad na piiocess that a ]owed him to
mitigale design and "buy square footagei back" with Riatures like a water hancisling
City of Llabe Osweigo PIanr.iing Commiissian
Minules of Naverriber 24, :1(1(18 Aaiges 4 of 1(I
siyslam, permeable pavement, a p:lanled roof or using einvircarrionta:lly sensit:ivea
canstructian techrlique:i (siome of which werei ourreintly allowead in the City of Aortland).
® Mr. Mather said he was ounently allowed to develop 1(1,000 sq. fel. of the 41,000 sq. ft.
lal. He saic he wanted to build a small houses with t1de(a bedrooms, a gueastraami, a
kitchen and.a larg€ar garage, but ha, cahallangad to fit :in a driveway. He said Optian C
was "not a bad way to go," but .since his wa:i a :lakefranl lot, thea frirmiula'shauld compares
what ha wanled to build with other lakeside homes and not thea smaller, lowear-value,
homes further uphill. He cautioned lila amendmeanls could start a firmatorm of
controversy. Hea noted teat if a 30 -fool culvert buffer Were appliead la a caommeroial lol
thearea might nal ba enough) raomi fon parking whlen it wase nedeavealoped. Ha reported hes
Had removed ivy from all rhea treaeasa on thea ,iite and :leaft Eiorne, c egad treses for bat hlab:ilat.
When asked, maff confirmed that thea caunarnt code allowed the aapp:licant to Havea a
dr'veaway ass :laiga as they could darrionsltrale was tra minimum necessar)l for Adequate
acacessi. Thea) " notad that rhea curreant caodea did not offer any incentives la minim:iae
dre veaway arena in return for having mode area fbr lane scaping. Mr. Malhear expIdnead he
wantad to be able to turr.l araund in the driveway and that ioak more space.
Clommimionein Siegel observad the Option C formula allowed lass square fhotage than the
House could be under caurrent caodea, and ha agreed ail would be fbairer to only fbacton in lrle
siaas of namby,:similaaly situated, lakefront Housaeas. Comm:issaioner Brockman suggesaled
the procaess srlaulc calearly tell applicants rhea protections tha City would laak for, frir the
neiebars and the environment, and allow them to propose somealhing that wauld achieve
lrlose goals.
® Ms. Hapaefihimiou summarized that tha Commissioners were suggesting twa processes:
a pracaesas thal allowed a :lot of d:iscnelion a.a ]on1 as thea applicaant ,ihowed that what trey
werea propo.iing meet clearly stated caommunity neighbor-aompatibi:lity and environmental
gaalsa, and that required a high leivel cif review; anc anotheni track thal applied calear and
objective satandardsa and dimensions. Vice Chair Stewart siuggeOed allowing a landawnen
to use Permeable pavement when theme was nal enough distuabance area left to build a
driveway. Mn. MatHeir reilateid hes had to remiovea a deak from. the plans. He said if dacaks
wearea allowed and lrlay were of pearmeable mataaiia many types aflnativc Plants could live
under them.. He ,iuggasteac' allowing a mitigation 1andscapa plan to bei saubmittead w:ilh the
house plan. Staff obsanaed than would meaan adding a set of banusesa for mitigatian
features to thea alear and `objecalive ,itandar& proceassi. Conunisisioner Braakman recalled
teastirimiany by Ms. Jones and Ma. Heidgeas al thea preauious hearing and sugausled owners of
parcels like theairs caould be allowad to divide are develop theimi if they demonsalratad teat
could bei done in a mAnnear thal was anviranmiemtally camapatibla. She invited theme to
submit a :list of types of miligatian to ba considered in establishing new standards ftar
review.
Comrnissionear Webster stressed thea need to set preariilles and standards thlat reflecled tHea
values of the ocammuniity arc were applicable to every lot. SHea held thal rhea Planning
Comm:is.6on should not decide what the limits were lot -by -lot. She said if the problems
was that some owners Had an encumbered :lot and could nal develop it to rhea extent :il
® aauld ben :if unencaumibear®d,. thein the Clity Had 10 detearmirne How richt weight tog�ivea
pnoteaWon cif the resource and assign limits to thea extent to wH:icah develcapmient caould
City oilLake Osweago Planr ing Ciomm;issicsn
Miinuteis of November 24, XCIA - Page fl oil 10
"cihlip away" at the reasouncea. For eaxamaple lhle Cityl might say owneirs of lotally
acinstrained lots caciuld develop 7.`I% oft lhle areia ilhay might have been allcawed for ari
uneneurrbearead lot. Clcmmiissioner Brockman suggested suah applicants be cafferead a
ahoicie of quantitativei prcaciess ilhat r€igwiread them to meiat specified slandards, on a more
f exible reaviem process thlal alloweid them to pneasonil aplan ilhat pnoteated both City values
of proteaetiicin cif] neaighlbors and prcaleaetion of thle eirivironmiear.it. Sho alarYied thail
applicanils using thle more fllexiblea proceiss still hac to comply withl zcining regullailions.
Commissioner Siegel said hes was not yet conivinceid lheare was a need for a discneticinarN
dosign exceiplior.i for largear hlomeis,, but Ile thoughlt it wcauld be useful to allow thea
d -i stunbancea area to be used for both driveways and path cas because today's buii 1 dens soul d
use materials and technfqueis suchl as permeable paving and rain gardens.
Staff) then ptiesear.ited the case study cif] an RkM zcineid,. totally reasounca oncumbearead
property on Poplar Way.
Cap Beilacs, SWI Brewman F1lace, Portland, CRl 517219, owner ciflthle parcel, explainedhow hei hlad onicea pnoposead to alustear dulee, homas cin it in whlat ha bealil avad was ilhei most
eanvironmeanlally advaritagcous use of the lane. However, ilhea codec limited developmeinil
to a single-family homes. He eaxpl ained hove Ilis plan fdr l hilae homes would have a l essear
iirrpact on reisounceas and help pay fdr thea costly irifrasiructuwe hes would have to install.
During Theaqueisllioning peariod, Mr. Hedges clarified it was not a-laridsl�idEa anaa�but twca
manmade sl:ideas had beien creiated by PGE poles installation. The Commission atis
ob,i an ad that lhea thiieia Homes would be cantilevereac over ilhei resource buffer.
Ms. Plapaeifthlimi ou eaxpl aired . both] of the l cal s in the case studies wm a gcacid eixam pl es cif l
tcatally eir.iciumbered :]ails. Shc nolead that such :lolls were usually large parcials that had not
beein dewilopead b€aaausea thley weme oddly cionfiiguied, steep, lacawd wheuie in.,ital:ling
access mwi ehallongiing, and an thei `eadgea:a" cif] uses such as ll ha lake, Trycan Creek Flank
and Marylhursl L1niveatasiq. Staff and the Commissioners rivaled that rescaurac district
constna:inl could also affect smaller lots. Theay had heiard about a house an a smaller,
allmosll tculally eneumbearead Jell at lhea ciornepi of Springbrook Court and Summiil, at their
previous hlearir. g.
Commissioneui Brockman observeid the code tjeateid ownears cifl riverfront and lakeafrcant
land difftiranlly than ill ttleaateae owrears of nesciurcaea-conslrained land alcing drainagEaways.
Shea said iflthe Cit}l wanted to imposes thle standards, they ought ilea let the ownews do what
they could within the ciontext of not hlarming the environment and the wildlife habitat.
Staff explained ilheiy mane goring to pnoposei new Maw Tille ?I priolecilion tiequiriemeinils fbr
rivenfronit property, but mosil of thea lakes had not beien designateid a 31itl ei 3 reisounce during
the carigina:l sansiilive lards inventory proceass. They said the primary purposeis cafl the
5lansilive Lland:a ,italdards weira ilei protecll wateir quahityq and modeitiatc flow as streams
drained to other localions arie to pnoteacit wildlife habitat. Thea Cityl was supposeid to adopt
slandards lhlat rusuhleid in thea sarne fincilional protuation as thea Mcnia moved acide 11%hich
tiequined larger bufltirs than the L6 a Oswego coda) did.
Mr. Egner advi seid that the questii on beifrarc the Planning Clcamm ission was haw to fbshi can
code ,ace it avoided leaglally "lakinig" property by allowing "rea.icinable" .develcipmant, and
C ihl of Hakc Osw ega Planning C arnrr ission
Minuteis of November 214, 200f Page E aft 10
they shaulc detarmiine what was an ackceptable amount of development to allow whila
protekciting neiiebars and thei einv:ironmeinil. Commissioner Brockman clarified she also
® wanted to pnotecTt the env:inonment and quality of habitalt, but by using performancia
standards, instead of rigid rules.
Carolyne Jones, 2818 Poplar Way, reported th at th ere were 30 nonconforming homeks in
heir neighborhood that would be affeciled, incluc ir..8 herr own smaller, oadeir, homier. She
worried thlat rift shei want(ic to improve Her hlousfi shle could not increase thei disturbancke
area. Shea said hien .lot was big einough to partition into two .lots, and she would lilde to do
that, but she did not want to bei forced to build a "towan." She said she and hen nai ghbors
dic not support the provisions related to nonoonfbrming usei and they wanted to keep thein
aurrelrit zoning. Shie said they.wekre good stewards of then stnearrrs anc the water was alean.
Mr. Bgneir cilarifiekd that Ms. Jones aould riot divide Her property under the aunent code.,
beicausa no one was alloweid 19 civide property ifl the division cneiated a totally
encumbered lal. Howeiver, if sHe remodeled tf. a existing house on toren it down to builc a
new one, stile could build a "reasonably sized house." 8talff clariifiekd that an owner did not
have tq go through a land use process to add a vertical acdilion to an existing,
r.Tonckonfbrming strucTture.
Staff explained .that thley hoc not beein able to find a way under eixistinE code ar thle
.options discussed in the staffl report that would allow Mr. Hedges to davedop the thilee
dwellings he wantec to build. 'l>hey acviseid that a Blanneid Davedopment (AL1; was nal an
available option for developing a totally enaumbened parcel. 11heT Commissioners
® obseirvac that the entire clustered deve.lopmeml her had described might. be smaller than
each of thei huge .Tingle-farnily homes around :i1. Staff confirmed that the site was larger
enough fbr a three -lot AL1 if it were not enckumibened. Mr. Hekc gels ncilated that the
Clenmorrie NeigHborhlood Association had endorsed His plan. NU. Bgneii recalled it was
Mr. Hedges' application to develop His parcel with thilee homes that had geneuiatekd then
City Attorney's inlerflnetalion thlat a "reascknable sizekc rlckuse" was one home. Viae CHe6fr
Stewart suggestekc the metHod thlat er.Tauinbered the least arnaunt of the resource was the
betllen rhathoc. Mn. Bgr.Ten said that someone else mie.1 argue that ane hous(i with a
biggekr footprint thlan the thilee atlacHed dwedl:ing houseks he'd lass enviiionmental impact
beckausu it generateid less activity around the house. Commissiionen Siegell suggested the
focus might be on what was a "reasonable disturbancti area," wh.idl might inaluca decld,
driveway, pet and patio areas, and spaaify what areas could or could not bei ffrTnced.
Commissioner Bmakman suggeisilad a:llawing Houses an stilts that did not disturb the
resources under thlam and allowed watan and sun;lighl. Mr. Bgner said he intended to
explara ways to allow land divisions and development at the planned density, yet protect
the resource.
Ms. Aapacifilhimiou summarized that 'tha Commissiionens wanted to sue a tiered review
process fbr totally encumbered lots. One prauess would have 61cia; and objeative,
quantitative, standards that puckple could use. to save time and Hassle. Another would be
fbr applickants who were walling to go through .a disaiieticknMi piiocess thlat-tookl Iongekr and
required them to address performancke stanldaids and submit more detaille.d plans for
design review. Thle standards to be appliekd woulc focus on the amount of dislurbanae
Cityl crflUake Oswego Plarming Comrrussion
Minutes oflNovekmbeir 24, 2008 Page 7 afl 1(
areia and let people decide How to use ii foii structures, landscaping or ptheir fealuras. Thea
performance standards were intended ilo ref lact community values of protecting resources,
compalibility w:ilh neighbors and code consistenay and faimass la all property owners.
Commissioner Siegel stressed the code shlould bei clean enough that readers wauld know
what the} could do wi1h1 thein property. He said the same options shlould be avdlable ila
tho owner of an existing house and the owner of a vacant lot. NU. Egret recall eid tho Infi 1:1
Tasld Roma wanteid to incorporate incentives into the code to eneoutage owners to ]deep
existing hlouseis by making :il wisier to add onto therm, so that' did r.ial f6al thley had to
demo] i sh them to td a fii Il advanil age cif I code.
Modification of Rimers isionial S tam d anis (LOC 50.16, 040)
The Clomrr,imioners discussed how to ensiwie neighborhood compatibil:iq when an owner
of an existing, legally nonacinf brm;ing structwe wanted to expand into their other selbaickls
in order to proteict a reisounce. The aurieint codec fhaused punel} on positioning the house
to butler flrotect the rasounce..'Ihei Comm:isaion hlad voted to repeal this provision at their
last meietiing aifler tHu) saw an uxamiple of how such positioning adversely impacted
fie. ghbors. Rapes ing ail mieant an aflplicant had use the var.'iarice ptoaess instead. Staff]
and Commissioneir Braakman related the} had exam:ineid This issue since,tha last hearing
and now had another altumaitive to suggest that might better aiddreiss relalionshl;p to
neighbovi than the variance process.
Staiff absermed the Comm:isadonars had aareaidy discussed how to dafir.ia ".reasonable
deve]apmenl' on- a constrained fol. ']they :iaid this section would only allow an owner to
modify sellbackl:i to achlievu "reasonab: a develcipmleint." If they already had a building
envelope that was the "reiasonabae developer. ani" thay wave untitled to they ,could not
modify setbacks. If they pror'psed to miadi6l setbacks to achieve reasonab:la develcipmenl,
the ahange was subject to criteria thall said it could nal be detrimental, to public haul th or
safety or materially injurious to adjacent praparty. 'Ilhase were the sarne criteria as were
applied to grant a Clas i 1 variance. Ckimmi;isioner Brockman recalled the hlouse on
Spn ngbnookl Court/Summit was so close ila the sllreiet that in lieu opinion pit obstructed
driver sight lines. Staff eixp:l ai ned thal injury lo adj anent property nr. ii gh t be 1 he 'impact to
plrivacy or views, value or livability. Haw muohl aflan impact was mateiriaaly injuiiious
was open to discussian. Fon exarnplle, whlall pemeentaga of view blocking would ilhat be?
The C ommissioners agreed the important, asflact aft this process was shat the] property
owner had to world it out with thein n€ri ghbors.
The proposed. criteria also aalled foci the,,result to bei compailible with Ilia scale of existing
development. Staff had inserteid somei nurr.eric standards here for the purposeis of
discussion — that limited tha extent of change. Tha Comrrissioners wondered if the
height limit of 18 fi:iet (foii the part enaroaching into ilhe setback area; was enaugh for a
second story. ']they thought it mighl au low 1.5 stories, and the seciand f] acir would f ealture
a sloped roof. Commissioneir Siegel recallud that the Ilake Oswago code meiasuned height
to the rooflpeak. He said this limit might nal makei sense on a slaped lot. Staff offemeid to
aheck w'th Building Department stdff.
City of Lake Oswego Planning Commission
Minutes of Navembar 34, 3008 Pagel FI of 10
Cr.iea oflrhea praposed criteria was ilhat the misult of thea cahange would riot infr'Ingc on ilhea
priivaay oft adjaaenit lotsl. Staffl explained if the modification was a sil3nificanl
® ear.iaroachment inlla thea setbaakls, a review might look) at plans and anisute they prolecilead
privacy. Camurri.isionier Sieageal askled -ifl staff) also recaornrr.enided a privacy reaview for
balconies or porahe% Ms. Hapaefthimiou said slaff planned to propose such a review for
bu:i_]dir8s oni flag lolls. The :ilaff report sub€1asilad ticiread review: one cilear and objectives
proceas a to deal with mir.icir modificiationsa of a setback (which was to be the minimum
neaciessary for ruasionablea use), that required the change to be acaarding to niumeriia
standards; and another, discireationary, pnocessi to hear requestsa for major miodificationi of a
setbaak. Comrnissicanear Braoakman said that proaem gave ncighbars an opparlututy to
pariic:ipate in the process that ilhay currently did not havea and ill allowed ilhea City to
impose cionditionis of approval that would prollact Beam. Ms. Hapaefthimiiou advised that
1h1e process should give owners cif Itotally enciumbearead lots thal weme al the avid of a duad-
eanid stneell on along an urdaveiloped right-of4way the ability to bulk to the edge of Thea
right-of�way if theara were no initenilior.i to even impravc ill.
Ms. Rapaefthimiiou obsurvead a coni.aeirisus to move fbiwaiard with thea view graphics and the
s:irrplifreationi of nevieaw pnovisaions and a comicirisus ori the caoncaeapt of only al:owing
owners to modify their sellbaaks when 1h1ay had r.ical yell aehieavead "ream arable
development." She said the discusisioni had given Her a seanisea oflwhal the Clcanurissicanears
thloughl "reasoniabW development" was. Staff reilaled thal thea public forum regarding
Seansitivei Laneas mapping cahlangesi was schedulead fear the folaowinig weaekl, and they would
refine the oplior.is for detearminiinig what was icasoniable deveaopmeanl and presaeanit them
wilh calhear CDC changes at a January publ;ia fbrurni. Nft. Egneri anticipallead the Blanding
® Clcamrnisisioni would consider thea mapping changes after thea acadea changeas were seattllad and
adopted. He notead ilhearea was still] work) to bei ccanea can how to deall w:ilh miinior drainageis
and r:ivearffonit pralection concepts.
Damid Milhir acamimienited that the two-lierKid, "hand lliriea" vs. d:iscri alionary, approaaheas
made semi a if "dislurbeac arena" or `°developead areas" weirea deafened, and if thea awneri was
then aallawed latitudes to ciomea up with a solution thavallso met comiruft }q valuesa. He
agreead the code shlould be as clum and as Nxible as passible.
CaitelMne Jloneas advised that very few Class a vafiartces werea granlad because the
appliaant Had iia prove a hardship thal could not be a sitilf--made hardship. She addend the
variianae process reaquirck large ftaasa. She hleld 1Ihea Hardship in mosil casesa hlad been
circiated by City regulations;
Commissionem Braoakman thankead the reapreasentatives of 1Ihei owners of thea case study
priopertieas fon offering the Manning Clomurissioni thein ideas. Commimionear Brockman
moored to cionitinuea the publ:ia hearing; of both lUU .08-.0051_and _LU 08-OW12 to Deaaembear
FI, 2008. Comm isasionier S:ieag al second end the rnicaliori and it passed 4:0.
C it} of Laake Osweago Manning Commissican
Minutes of Ncivembear 2z. 21CIO8 Pages 51 of 10
til. OTHER Bi: SIN ESS - PHANNING CIOMMISSICN
Periiodiic Ri t im
Staff announced that the Planning Comm:is:iion and staff would discu:is the staff
periodic review re.ciamimendatians at their.naN1 meeting.
Plat, ininig Commission Goals 200.9
Mr. Egneii distributed sopaes of the 2(I(18 Planning Comm:i sai on Goals 'I to tus Reporl and a
supplemental list entitled, Planning Elepartrranit Flrojecta/Aragrarris Cptions, which listed
either work items su fel warted them la consider working ori in 3009 He highlighted
items on both lists. Iduring discussion he cNplained that the City Council Had directed
staff I to reduce the sc ape of the Boanc s Fie rry Road Refineme n1 study at, d the HI i sl oriic
Rasoumce s Advisary . Board wants d to crease ar Iron Heritage Traill program. The
Commissioners planned to fashion their 2009 gaals at their next meeting.
Water Q uaGity P rise nitahion
Ms. Papaefthi miou agreied to f rid out i ff thle T ualal in lJli,itrict's vi do al aped presents tion on
water quad ty vasa availablla so the Cornmisaioneiis could view it.
MIL OTHIER BUSINESS — CIOMMISSICN F1CR CITIZHN INMOLMEMHNT
N orae.
MUL AE .lC URNMENT]
Theiie being no further business before the Planning Clomrr.ission, Vicie Chair Stewart
a dj ourne d the mee tin g a t 9:30 p.m.
Mespectfu]y submitted,
SsIreiren
A drr i ni stj ati ve Support
City) of Lake Clswcigo Planning Clommissiari
Minul es of NoN am ber 24, KKIB pag a 110 of 1(I