HomeMy WebLinkAboutApproved Minutes - 2004-01-15I: CARD 'SIO ORDER
AFFROYED
City cif Lake Oswego
Development Review Commissicin Minutes.
Jlanua q IS, 2C o4
Chair Bill TiEarnay called thea Davelopmeanil Aevieaw Commissior, maelting of January 1'I,
2004 to ardear at apprioximataiy 7:(10 p.m. in the Council Chlambens of Ciil}I Hall at 21F 0
"A" Avenue, Lakea Oswega, Oriegon.
II. MC I1L CA I1L
Comm;issionems preaseanl inaludead Chair Tiamay, Mica Chair Sheila Cstly, Nan Mink ay,
Krylsyna 9iladnikl and Bladiday Meisburigen. Clcammissionens Cary Bagelman and
Ar dr€iw Blill werie nail priesorIt
Staff preasanil incalludud Harnid Bishvaie, I;eivelopmenil Rleview Manager; Pau Espei,
Associale Planneir; Elizabeilh Jaaob, Associate Allanr,ar; Hvan Boonea, Deputy Clity
® Attorney; and Jlanicaei Baden, Sur iori Socnetar).
III. AI E1140MAL OB MINUIIES
Ms.Osllly moved to approvellhleMlinGtesaofNovemben3,2003. M,�. Binkley
seconded the mailion and it passed with Clomrr.issioners Csilly, Hinklay and Stadnik
votin8 yes. Chain Zllierniey and Mn. Maisburgear abstained. Commissicaneirs Gary
Bagellman and Andrew Hill wenei not prosenil. There weirei no voteis a8airsil.
Ill. AFIR140MAII C FI FIIND INC '19, CC N CLLlSIC NS ANL! C RDERI
Nome.
M. PUBI11C1 HHAR.INC
DU 03-0043, a request by Kornenstor.e Consiniat:ion fbn approval of thea following:
1. A 4-11at deilachled singlci family residential RlannEad Deayedopmernt.
2. Apprioval to remove appi aximatcly 11 tines to acaommcadailei thea projecal.
Thle s:iiia is loaawd at 6CI(I-II Wlashir.gtor. Court, Tax Ilot 11200 of RIX Map 21B 07 CID.
Thle st2if.flcooridinator is Pain Espe, hs�ciciate Planneii. The heiaring was continued from
the Deaeimber 15, 2003, D14C1 meeting.
City caf Labe Osweitla Dvvc1capmenil Air iew Commissicani Haile 1 of SI
Minuics afJanuary 19, 30(4
® CHain Tierney) opanad the public hearing. NU. Baone advised the recotld was closed to
add:ilior"ial leslimonyl unless the Commi,isicin re -opened the public hlearing. Chair
TiarrlaA them asked the Comlmiss;ionlers la report any ex parte cionlacts (inciludirig site
visits), biases and aanflicts of ir"llerlest, and 10 idanlify anyl known preseml on anlic:ipated
future business iielalionlshfps with the project or the applicant. Ms. Binkleyl racu.iad
Henself from hearing 111a application) because she hlad not listened to tha tapad iieciorld of
the previous hearing. None of 11^le ramlainl;ing aommissionars prasenit tlaported a cionlflict
of inletiest. Chlair Tiamay then) asked the staff Ifotl a sumrr ary deport.
Paul Espfi, A,isociate Planners, racal led 1Ha history of the application and pointed out
that tha tiecord conlainled additional written testimony that had bean submilted byl
Carolyn Kkb;i (Exhlibit G201) and the appliaarlts' rebuttal. Ha noted the most ranenit
arborist's sludyl,ihowad the ,iubjact mapla tragi was five fMet in baste diamieteir and
located at least three ftiat insida the edge ofltlie praposed fututie stracit. aha ,ifldyl also
found tHall anyl altarnalive sidewalk connection) would be )located wilIhir.l the trea's zona
of disturbanaei and 1ha traei was located in tha pailh ofla maiority oflpropased utilities.
Mr. Bspe strassed that staff Had been kleenlly initarastad in saving Ifle iraa, dua to its size
and sign :ifinance, and Eniginlaering staf flad visiled 1Iha site to consider altarnatives Ila the
piioposed l ocall i or.ls of l itinpriovarrteml s. Be reported II hat staff )^lad concluded that thle
major impact to the tree would come from) insta ]anion oflpavemenl thal vuaulld disturb
:its raall zone. He said they proposed mitigation of ramoval of thle subjeco tneia byl
planlinlg 11hrea addillional sugar rraple trees. He axpllainied silafflbel:ieived tHall to raplaaa
tha existing large tree with threa smallein tracis instead oflanlotHer langa irae would ensium
that iflona or two raplaaarnlanit ttaes diad, thenie miight at least be one of 1lhami lefll. Chlair
Tierney notal Ms. Krebs Had submilIted a very datdilad latter in whicli stile suggested 1Ha
axisting trea be ralocall& furthlerl east. He askled if 1Ihat was practical. Mn. Espa
axpaaiinled lhait lhei mositrcinenit aiborisl's study) haid established that the lreie was ofa
ll argati diamiater thlan ariigi na llyl reipcirl ad and sll aff had found l hara wa,i onl M about flu ea
feat of spacia between the adga of the proposad right-of-way and 1Iha adjacent neighbor's
property. He said the Engineering stafflHad f6und 1Ha streel was praposed as ftui in thlail
d:irantionl as it could possibly go.
CHain Tieirnay closed 1ha public hlearing, and Alex Hurley, AKS Engineering slated
11ha applicant waived their right to additional tirr.ia to submit a final wridten argurgdrit.
Chair T:iamayl then apenad delibavations.
Deliberations
M,i. C sl lyl obaerwid that staff had endeavcmed to find a wayl to cava tha tinea. However, iil
vias a shamie the subject tree could nal be saved. SHe said sHa would Nave praftirrad llo
haat)1hat 1Iha trey removal could be mitigalad witH a lar8a, multi -trunk tree that would
gtic w :inlla another landmark) lreie, instead ofIthtiea smlall sugar maples, Ms. Stadrikl
recalled 1Ihat staff had also ncnsidenad the roadway saftitM factor of driven sight dislanaa.
City afIDake Osweiga I leveloplinerl Review Cammission Paige 3 of ISI
Minules oflJanuiary 15, X1104
® Ms. O stlyl miawid to appnomei LU 03-00421. Ms. Stadni k scoond eid the rr of ion and it
F asseid wild Cornmissianeirs Ostlyl, Sladnikl and Meisbuigen and Chain 'Dicirr.eyl voting
}les. Commissiancirs Fagellman and Hill were riot present_. Thlane wene na vales against.
Chlain ' lierneM annauncck the final vole was to be hold on Januar}) 21„ 2(104.
LU 03-0065 a rciduest by Cur Savior's Bulhlenan Chunch an bahlalf of King's Kids
Chrislian School fbn appraval of a Conditiana l Usti Hermit to lactate a pine -school of up
to SI0 students ini tha Cur Saviar's Ilulhlanan Clhuich fticilityl. Also requested is a Class 2
Marianca to allow usa of tha existing gymnasium to neplacia tha nequinemenl of IIOC _10-
69.060(2), which requires a f6ricied outdoor play) area oft ail least M square feed fon each
child of total ciapacilM.
The praplcmty is :lactated at 3000 Country) Cllub Road; Tax Lals ?I`I00-390(1 of Tari Map
21E 04 CB. The stafflcoondinaton is Elizabeth Jacob, Awoci'aje Pit tnniin.
Chain Tierney apltmcid the put llic hearing and explained the applicable pinocedure and
timia limits. He asked the Commissionens to neport any ex pare aantaots (including site
visits), biases and aonflicits of inlenest, and to identifiy any known present on anticipalad
future business nelalionsh:ips with the pinojact or the appli(iar.l. Nane oflthe
commissioner: pnescmit neportcid a confllial of inlenest. All Cammiissioniens pnesant
indiciated theM were flamiilian with the siilei. Na one pnesent chal;lcirigtid anN
®Comm Issionen's right to hear the appliciation.
El aabetH Jhcob, Amociate Planners, prosanllad tha staff report (dated Dlecembcui 24,
2003, ar. c January 5, 2004). She tint) erred a ] attar from Rion Han sour, Chaiiii of th e
Spriingltrookl Neighbonhaod Association I�bul speaking fbn himselflonly), into tha neaard
as Exhibit F2(10. She advised iIhal privale aduciatianal favi l:iil.ies Walla allowad ini
residential Zones as Conditional Uses. She necialacid the applimiril had r€ice:ivad
Conditional Use and Davalopmenil Rleview approvals fdr churohl uses :in 1991 and 1992
from the Manning Commission and thle DRIC. She neportad the ourrcml applioatian was
es.iantiall]M 1Ihla same proposal approved by the Commission ini 1999, t ut it was to be iie
considered bacausa tha appnovad use had not bociome operalionail wilhir the mia-yciam
time framia allowad bM tha previous approval. She painled out the uxisil,ingl faciiliilyl was
a multi-purpose building used for vaarship, classmamis arc mewing noom.i. Sha nokid
iIhat a scipmate gymna"IPUm W.xi part ofIRhasa ll of a twlo-phased coristruailion piiojed..
She specified thal no charge to the emisling faoililies was pnopased fon lhla pnoposcid
use.
MIs. Jacob than discussed Condiijonal Use a iteriiato be ciansidened. She advised the
situ was to ba phylsiciall}l oapabla of accommodating the piiaposad use and lhle funcdional
ahanactarisllics of tha piiopased use wtma to be such) i1at it ciauld be mada reasonably
aampatibla with) uses in the viciinity. She said staff found the proposed use would noel
ahar. go any oonditioms - such as those affecting parking, ut:iliticis ar d landsoaping — thlal
Had been raview& during) the original church use approval: Sho rioted the applicants
® had nequesled a Class 2 Marian(io to thle Condidorial Use ariterion that schools wcaie to
City] oflLake Clsweaa DeveloplmerI Review Commission P�iae 3 49
Minutes oflJanuary a 5, WC14
® provide an outdoor play area. She explained thal staff f0und it wwi a hardship) fbr the
applicants la meed thal ariterion beicausa aflerr 11111aw 211.1a faciil:ily wau:ld r.ial Have an
adecluate area fkr ouldacrr pllayl; the pnoposad Wia was hlal4dayl use fon prasahoolars; the
sitala did r.ial require them to provide an outdoor pllaA areia; and the aplpllicanlls crould use
lhei existing gymnasiumi. She said staff had found thenen wauldba no nagalive implacls
11a the nerighborhood becrause there wauld be no ouldcrcm-playl-generated noise. SHe
said that stafflhlad found lhat bmausei tha classrooms already existed, thle variance
request was llae minimum variiance r.ieces,iary to mink a rerasonab:le user of then cite. She
recromrnended approval of the apNpllidaticrn, siubjecl to the crondilionis reicommended in 1hei
staff report.
During questioning by 111a aammiissianeirs, Ms: Jaaob confirmed thle application was for
part -day pliviahlocrl usier only, and 111a aplpllicarill planned to offer a morning schlool and an
afternoon scrlaaoll foci separiate groups cif Ichli:ldren in an existing wing cif Ithe fhaili'lM.
Staffexpllaincrd that the plrervious dervaloplmenl applrioval allowad then aplpll:icrarit la
cronstruicll an upper plajklipig deck oven then existing surfaae parking arena in a future pflase
of the development, sa thal the 238 existing rlatklinig spaces wauld grow by 174 splacre,i
to a total of 423 splaces at cromipllete build aul (Exhibit E4). They advised thal availablle
parking was mare than what was riequired ftr thle aurremit use. Ms. Bink ley then asked if
some plan cif thle parking area could ba wierd as outdoor play space. Sha cralculated 11.1at
if tha City raquiried 75 square f6at aflpllayl area plan ahild, and the school could
pallerr.itially serve S110 studenlls, that would require 6,750 squaie f6cit of play anera. Shei
® ncilad thal tha gymnasium would plriovide aboul .3,000 square ftret and siha wandenad if
thle applicants should be required to idenlify sufficient additional arena (lidari from the
planking area) to meet thle standard. 9ilafflrecradlerd the aplpllicanls pllanned to
aicaommiadale 4!1 students at any given lime. Thleyl related that the Clity Code had
oriiginallly been based upon ai staller requirIimenit of1751 sq. fi. of auldoor plats arcra per
child, but whleni the state requirermienit was ahangad to rermover that requanamierr.it fbr
plresahao:l and schlool sess:ians of less 111an four hours plea day, the City) requiriemenl had
nal beern clianged. '➢hay explained thal although the aplpllicranl's plan fon 423 splacrers at
build out haid beein aplproved ini 15192 when Ille parking requinemenll was anlly 279
spacre,i, siuchl a ppioplasa:l would not be aplproverd today) bercaum therer wa,i now a mip of
125% aflnequired spaceis airp lied to suichl a develcprr. cir. 1. Sa the curreirt (Plhlasei l) aa8
spaces was mora than enouigh to accommodate I oth thle school use and the cHuncH use
and :in Phase a the appliaair.il was to plravide'an additional 174 spaces.
Applicant
Kanein Reyes,131( Ash Stneet, Lake Oswego, 97034. wipaaiined that even if t1i a
niumban of ahildren served by the school increased, only ana class (of 20 children) al a
timia would wier tha gymna,iium. Sher said thlat allhaugh 11.1a applicant plannad tai start
withl a morning priogilami and thereaifller aidd an afternoon programa, each program would
involve a difltrrer.it group of cihildieni and it wound r.ial expand any child's schlool day.
She said tr a ear � sting riumberi of parking spaces wa,i adequata for any parking reeds tha
schlool would genenalei. Shei e)rp:laiinied that it would be difficult foci the appll:icrants to
® find an areai. foci outdoori play thall vwaulld riot inlerfene w; th existing aipplraved plan,i foci
C ity of LAC CI: mi8o Deiva apmanl RavivAi Commission PaBei 4 of 9
Minutus aflhnum-Ni 15, x004
deiveilopmenit. Shle nalcid thea gymnasium would provide ai safe and dr) enviriomnenll foil
® plaM and acllivitM lheara would not aidvemseilM impaict the nciigl;bcirhlood. Sho reasoned that
beicause riaighbonhlood families who hlad pneasahool children already] travelod somcrAenci
to 1I9a 1Ihom tea scahao:l, becaaiuscs the ;lite .was accessod from Country Club Road Ila major
arterial streat), and because the applicant would :ieit stihlool dismissal timas aheiad aft
when ncianby sahocils let out, thle aipplicanl's sahcio:l would nal inaresaso triaffiea in the
neighborhood. Shei ob,ieinieid Ihait lho pnoposad usa reflected use cif lthe oxislling building
in a manner that had becin approveid in thle paisil. SHe requested alpnoval oflthe
aipplicaitioni;
During questicining by the commis.iioncnis, Ms. ReyWis advised that it was belter fkin
children five yciars and )lounger - whlo wesne gcncirailly 6CI pounds on smaller - to Hava an
indocirs plaice — awa)e fiom cold, raiin and wind - in which to use their large muscllas.
She anticipat€id the aipplicianl would be chal]cmiEIeidto idenitifM ai I acait:ion Rim and design
an aipproprialeilM ciovemcid outdoor play ;itnlcituze. Shle cilarificid that the application was
for ch'ldren aged six months through five ypam old (but nal :in kindorEIarleni); pre-scahool
children war a bellween 2.5 yriars and five )fears old; and 1Iho applicant planmead to use
space 11.1a it was ahieiad}1 useid fon SuridaM inf}antitoddler care fd r younger children. She
clarified fdm Ms. HinkleiM that tho indoor platy spaice would ba in thea seconid flcaor rnu lti-
purl case gymnasium worship area of approximately 3,000 squares feed, and chissriooms
wcau'Id bei lcacaited iri a basement area identified in Exhlibill E4. Sl lei said therie was vuerne
outdoor and indoor stairwayp ]I eking tha twlo arcias. Shle confirmed ilhait illu entirea
® warship aruai would be aivai laible filar play] baciauso tho ahairs used during sermicicis wcira
to bei steeled in an adjacanil apace.
Proponents
Nona.
Nonce.
Opponents
NaitHeir fbn nam .against
Raul Ivons,225CI-Wembleiy.Park Road, Lake Oswcgo, 97039. stal cid that He scmicid
as Nuclei Chair of the 9pringbnootl Eaik Neighborhaod A:isoc:iationi, but he was luslifying
only] filar hlim;ieilf bacsawics the Assaciation hlad not )het met to discuss thea issuci. Hes
ralatud. thlat Ile and seivaral Association bcaard members had di,icaussed tha application the
pravicius avanirg and tI cry weuie cancerrad than thea applicant planed tea grove tho schlool
in the futures inlo a full alemonlanypnograms. Hca relaited thles rcisidenlis would oppose
expansion boyprid ai cicauple of half�day ptogramis. Hes rioted plait lhci app:liaant had
dosariibod gipwth axpanskin plans in thein publications. He said prior Conditional Use
appraval for: tho cite prcahibited "all arrait:ivc sallocil wics.'
Clhaili Tiarrae)e clarified thle aipplicalion was himitod to ai Conditional Use Plermil i1 a locale
ai preschool up to 90 students in the existing ahurcih fauility]. Tlllcuiesforo, ho ,saiw no need
® filar rebuttal tostimonyl. No cane requested that thle record be hold open fbn submissicin of
City cif Lake Oswego DeuelofIrrienit Review C ainmissioni Pap 5 of 5
Minus e., of January ]'I, :ia04
additional wrilten evidence of testimony. Chlair Tlierney lhe-r alased 11.1c publia hleariing.
The apllllicant waived their right to additional tiarie in wh�ichl to submit a final written
angument. Chair Tierney then aponcid delibcrat:ions.
Dediilierations
Ms. Hinkley saw the lack of space for an outdoor play area as an applicant-areatcd
handsHip, because 111cy Had morei space for parking lhan would be allowad and cr aurrenl
standards. She said she could not vecall any ptesahlaal use that had baeni approved by
lhlei Commission without an outdoor play area. She opined that ever with a staggered
use schcdullei, the 2,000 sq. ft. gym did not seem suffic:icnl. Ms. Ostly suggested that 111e
applicant be requiiied to pravidc an area of outdoor play space that would Hring the total
amount of ir. d cion and outdoor play spaca on the site up to the Cade iiequiriement of 75
sq. ft pear child. Shc said that would gave the chli:ldren a place to play ouldocirs. Chlain
Tierney observied 1h1e Iasi schloal use approved by the Cammission did nal have any
space they could use as inidocir play spaces and oulsidc play was the only aptian for
thlem. Be observied that the gym would pravidc a convenient and priotecled play space.
He opired that ilic applicant's "`hardship" was due to a loaad caring regulat:ian thlat was
ria longer cansistent wilhl the correspanding slate iiegullation, and he observed that the
applioaril Had mitigated llae flack ofouldaar playspaoc by planning indaar play space.
Ms. Binkley indicated she would prefeii not to set a precedent that would allow indoor
play space to replace outdocir play spacic. Chla:ir Ticirnc y ant:iaipated that such a
® precedent would only apply to a schlaal that had a gymnasium of sufficicr.it size to meet
the play area requirement. Ms. Stadn:ild recalled her experiicnce in Colorado, where
elementary school ohlildren were dressed fhr and encouraged to Inlay outsides. Shea
opined that a sohlool shauld have an outdoor platy area. Mr. Mcisburger, who indicated
hlis child was in preschool, agreed thlat sohao1s should have outdocir play space.
Chair Tliemey therm :inv:iled applicant to respond to the aommiss:ioners' discussion afla
conditiian thlat would require the applicant to mieet the total requiremenl of 6,T10 sq fil of
play aneaw:iIh an additional play area oulskc.. He adviised them Ihlat lhley could ask for
a aorImuance that wauld give therm lime to submit a revised propcisal showing an
outdoor plays area.
A PPI iciant's Comments
When Ms. Rlc yc s asked if lhlei platy area vuauld be rc quireid to bei fenac d and oavc rc d,
Ms. Bink ley darn fl ed it would not have to be covered. Ms. R eyes asldc d what size
vaauld be required. Mr. Ilishvaie advised the comm:issionctis that the Commission cciulc
alllow stagElcred use, and :if thle applicaril oau]d provk c a demonstration of that, the
requ:inemierit coulldble 2,3TI sq. ft. of play arca. Be advised them that ifthey denied the
varianae rcqucist, the Cor.iditional Use request also would efftictivcly he dcr.iied; Mli.
Boone advised that a denial by the Clammiss:ion could be appealed to the City Caunail.
IN commissiorms confirmed fdr Ms. Reyes that :if the applicanI iieturnled with a
proposal for a 3,2175 sq. fil. ftrced play arca, the Clammission would be able to approve
IIhci Con6t:ionall Use Pcirmiit. She indicated thal the appEciant would prefer to cianll nua
® the heariing to February 18, instead ofIBcbruary 2, 2004.
City oflLaike olswega IlevelloAlmer.it Review Cammission Page ( ail9
Minutes oflJanuary ] 2(n
® Ms. Osl ]A moved to cor tilnue DU 03-0065 to 11cibruary l 8, 2004. Mn Meisturgen
second(id tt.ea motion and it glassed Withl COMM] ssionierns Cstly, Briinkley, Stadnild and
Meisburgeni and CHair T:ierneay voting yleis. Commissioners Fagelman and Hill webs not
present. There were r.io votes agaiirisil.
LU 03-0052I. a nequuil bM Joel Kamaerman ftan approval of a twto-parcel minion parr it:ion
to legalizes the crealior.i of Ta --i Lots 1900 and 19(1 1. Also neaquested i.i a Class 1
Marianne tca thle Access Standard lhlat requires eaahl loll to have a minimum of 125 feat of
fronitage ori a public street IIIOC 30.3.0151].
Thea ptsopertM is locateac at 16'Al-I Phanilcimi Bluff Court, Tax Ldts 119(1(1 and 1905 of Flax
Map 2] E SICC. The staff caoordinator is E1,izabeth Jacob, Assiociate Planners. The
Heariir.ig was cor.itnued from thle Decaemben ISI, 2003, DRIC meeting.
Chair Ti im ayl op€mied ilhea publia Meaning and explained lhq applicaable prcaaadurea and
ilime limits. He asked the Commiissicaneirs to report an}i ex parte caonlacts (ncdudirig sites
visits), biases and caonflicts of initeneast, and to idear.itify any knowr pnesearit or anticipated
future busi ncass relationships willh the prcajecil on llhea appliaant. Noriea of 11.1ea
aammiissionens reported a caor.if icil of inlane;at. No on present ahalleangead anM
cacammiissionier's night to heaar thea applicaaticarn.
® Eliaatoh Jacob, Associaate Pllaannear,pnesearited lhle staffiiepcarl (datead Deaaamben ISI,
:1003). Shea advised 11:Iat Ilot.a 119(1(1 and 1905 had been illegallM cmcaated manly }gears ago.
She repair cad that a :1991 partillion request (fbn thlesea and two Ohm lolls in the Sundeleaaf
estate) had been appravad - but navan frnalizead - beeausea the finial plat was nevar
nesaordead. Shea clarified that the four ]ot.a wensa still acansidened illegal. She said spate lava
allowed a lega:lizailion procaess for an individual lot (arid did not caor.is:idear the affecil of
]agaliziatican oflora parcaal an an}i othear parcels) and the City requirad the lot to mcacat
aicinea standards fon loll ,I]'ze and dimensions. She pointead out a matrix ori page 7 of thea
staffltsaport 11 hat dascriibad Tax Iota 119(1(1 and 1905. She notead that Tax Ldt ] 900
featured an existing house and was over 63,000 sq. fl. in aresa. Stlea said 'Maxi Lail ] 905
was vacaarit and would remain undeavedoped as long as a Cansermation Easement than Had
beesni dedicaated bY1 Mr. Kamserman to besneafit thle plublia fon view purposes was iri efftacit.
She explained that Davalopmarit Standards that addressed careaatican oflrnaw lots could riot
be aplpliad, beacaausa ilhera waE rro neva deves]opmlart and no neva lot, €Ivan though therci
would be scut- a defi aien ci cis under those standards. Shea explaiiniad thea appl:icaant wase
request nig a Class 1 Maniance to tt a Access Standard that required a minimum caf125
fbet fronlage on a publia streell. Sha E aid the lal could nail comp'IM w:ilh that Slanidauad,
because it was allcang a privala street 1Ihat had oricae beam a public street, but had been
vacallad bM Claaklarnas Cour.itM many }fears ago. She explained the ciriteriia fon gilaniling a
Class 1 Variaance and cacanftrmed the appl:icaant had macaessfulayl addressed 11:Iesm fon basin
lots. She reported thle canlyl remainir, g isaua to be resolved was that a fineplaaa and the
associated tinderboxes might nal meet selbackl nesquiraments. Sha advised 1Ihal llha ] 991
tseview found the pnopeartM line neeaded to be mcaved. She said the applicant w auld
Citycif LAe Oswejlq De,,e1apmen1 A view Clommi Sian Page 7 of SI
Minules of January 15, 21004
® submit a survey to sHow where they we re lociated, and, if nc aessary, the applicant
proposed to move the struclures to mleet thle lhilee-foot setbaahl required ftiraccessory
structures. Stile advised that acticin would r.ieed to be rcviewcd under negullalioris for
Historic structures. She reported ti a staff I fiecomme r. dation 1 a apptiove le gal izal ion of
thea two lots. She d:istriblutud a hlandoul thlal carneacited tha numbering cif tSeacition A items
:in thle staffliiecommeandead conditions of appraval, ramoved neaciommenidad eondilior.
A 114;, and modified Sealion B lo refer to ciorreacitly r.iumbemad i 1 ams in Sect ion A.
Mr. Boone cab servied this was a very uriiqua partition. He cilarifiec tHall orilyl twlo llcats
would be legalized. He wiplained that state lava novo allowed a propartyl ownew tca files
for Himiselfj without having tca convince alll owners cif laffectead illegal lots to join him.
advised thlat thle calhem propert:ieas wera to stand or fall oni their owr meris and wale
riot to be considearead all the hlaaring. He observed thlat thle applicanl hlappenied 11a Have an
old house on an illegal lot, and wHen the lot was leagaliaad.tli are would 1:10 no incniease In
the usea of 11hea propartyl iflthis houses, or a renlaeament house, was on it. He explacinead
thal it was thle iricreased deavealopment polenitial can thle vacant lots thal created thea neead
to imposes exacitionis. Ha explained thlal in the unlildelyl event thle Coniscini tt oni Bw ament
was removed a modification application would beciomia neciamary Ica address 11.1a nealatead
develcapmiearit irrpacts.
Applicant
JOE Cond uit, M illux Nash, l l l SW Fifth, Ste 21400, Portland, Orugon, 517204,
® pointead out 11hat thea applicant, Joel Kamertnan, and attarneay Steve AHIe, Stoeil Rives
LLP,_90.D1._SWl Flifth_Av(inuei,. Ste V (10, Poi tl and, O regon, 97204, were preaseanl . He
neportead thlat the applicaaral agrci& witH 1ha ci andilionis racomm€ended and modifiead tly
staff. He cionfirmed lhea conditions to be dealelad included thea ora that nequiread the
applicant and all futures purcahla,,i ars cif lthe lots to complyl with thle standards in placia at
that lime, and thea one that listed altearnatives to address a situaliorn w laiie lha fireaplacea
d'd nol. ciomply with thea ,ieatbacik. He explained thea first delleated cior.idition would Havea
unneceassarily put a "cllcaud" ori the deed thlat would shlow up in a title iieport. Mil. Baone
wiplair ed that staff agreed 10 nernicivea it ,limply Icicausea thea} found it unneacaassary, Mil.
Conduit entered. a st" ay into the reacoiid thaat shlowed the fi raplami and l in da;iibo) cis ware6.a feell away from thle property line and ecirrplied w'th thle requitement ofla three-foot
setback fon an amcissory struatune. However, hei noted the frerilace was parl of a
paraapet wa.111. He necialled thlat fences and walls were allowed tca h1e al thea propeartM line.
Staff clariified fon 11.1a acamrriissioniens that Utica fireaplace (whf ih was cavear four feel high)
was an acaus gory strucitura, and not a "wall' because a fincipllace had a difltlrerit use than
a w all and a wall had to h ea lass than four feel hligh i'flil was to be allcawed al warts
selbaaakl.
Non e.
Pi caponcints
® pponents
City of Laka Osweiga Develorrrenit Review C ammissioni Page 8 of SI
Minules of January 15, X104
® Nona.
Nedthur.fbr. non Against
N onci.
Chla:ir Tierney cloaad tha public hlaariing. Tf a applicant waimad His night to addilional
dime in whicH to subm:il a finial written argument. Clha n'Iliarnay openied dalibenailior.s.
DleliHfmations
Ms. C stly recalled thlat thle private roadway look ad likes a public rciad.
Mss. Ostly moved to approve LU 03-0053, subject to conditions recommended and
amended by sstafft Ms. Binkley seconded thea malior and it passed withl
Comm:issionesrs Ostly, Brinkley, Stadnik and Maisburgen and Chlaiv Tierney viotirg yes.
Comm:isaionesrs Fagalman and Hill weres not presanl. Thlerie ware nio motes agaiinsl.
Chlair Tierney announaad that tha final mot€s would ba Held on January',I1, 2004.
MI. CENBRAL PLANNING & OTHERI BUBINBSS
®Remanded Application
Mr. Pishlva a reported 11.1a Cilly Counail had scHeduled a publia hleariing to Hear an appeal
from thle applicant who wamlad to build an assistesd livin g facility an Omenlook Dlrime,
bull the app]icanl Had raquestad the Council ramand thea pno'ect 11a thle Clommission and
gijves him tunes to Meell with tha ne:ighbonhlood and raconisadar thle dessignl of thle project.
11hes Cour ail agreed to the remand, and staff will sahadule a blearing befora the
Commission in thle near future.
Joint IARC/Planning Commission
`Rhes Comm:isaioneuis agreed to sahledule a staff 1presesrtaticin raganding thea nevi Infill
Standards.
Lill. AD JC URNMEN'0
Thane being not further businass CHa:in Tiamcsy adjourned 1ha maating at 8:4-`1 p.m.
Rlespecll full ] y submitted,
Janie a Badar
Senior Searestary
L` dr.6mir uil es` 01-15-04 . d oc
Chit} cif Lake Oswego Develciprrienl Wv iew Clommisaiani Paige 9 ofISl
Minwlea of January 151, m(14