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HomeMy WebLinkAboutApproved Minutes - 2000-10-02OREGON I. CALL TO ORDER CITY OF LAKE OSWEGO DEVELOPMENT REVIEW COMMISSION MINUTES October 2, 2000 Chair Douglas Cushing called the Development Review Commission meeting of October 2, 2000 to order at 7:15 PM in Room C-106 of the Commons Building of Marylhurst Conference Center at 17600 Pacific Highway, Lake Oswego, Oregon Il. ROLL CALL Commission members present included Chair Cushing and Commissioners Julie Morales, Douglas Kiersey, and Sheila Ostly. Commissioners Nan Binkley, Bruce Miller and Dave Powers were excused. Staff present were Hamid Pishvaie, Development Review Director; Michael Wheeler, Associate Planner; Evan Boone, Deputy City Attorney and Janice Bader, Senior Secretary. III. APPROVAL OF MINUTES Mr. Cushing moved for approval of the Minutes of August 21, 2000. The motion passed, as Mr. Cushing was the only Commissioner present who was eligible to vote on the motion. Ms. Morales, Ms. Ostly and Mr. Kiersey abstained from the vote. Ms. Binkley, Mr. Powers and Mr. Miller were not present. There were no votes against. IV. OTHER BUSINESS - Findings, Conclusions and Order LU 99-0060, an application by Hallmark Inns and Resorts Ms. Ostly moved for approval of LU -99-0060-1392, Findings, Conclusions and Order with the following changes: Page 11, Line 33: The language "utilize" to be changed to "may utilize." Page 12, Line 40: Reference to "Dolan" to be replaced with reference to "LODS 20." Page 13, Line 5: The language "would heighten" to be changed to "might heighten." City of Lake Oswego Development Review Commission Page 1 of 6 Minutes of October 02, 2000 Ms. Morales seconded the motion and it passed with Mr. Cushing, Ms. Morales and Ms. Ostly voting yes. Mr. Kiersey voted against. Ms. Binkley, Mr. Powers and Mr. Miller were not present. LU 00-0069, a request by Schollander Development Ms. Morales moved for approval of LU 00-0069, Findings Conclusions and Order. Mr. Kiersey seconded the motion and it passed with Mr. Cushing, Ms. Morales, Mr. Kiersey and Ms. Ostly voting yes. Ms. Binkley, Mr. Powers and Mr. Miller were not present. There were no votes against. LU 00-0074 JAP 00-141, an application by Lois Moore. Ms. Ostly moved for approval of TC 00-0328 of LU 00-0074-1594, Findings, Conclusions and Order. Ms. Morales seconded the motion and it passed with Ms. Morales, Mr. Cushing, Mr. Kiersey and Ms. Ostly voting yes. Ms. Binkley, Mr. Powers and Mr. Miller were not present. There were no votes against. LU 00-0049, a request by Preferred Homes Ms. Morales moved for approval of TC 99-0166 of LU 00-0049-1395, Findings Conclusions and Order. Ms. Ostly seconded the motion and it passed with Ms. Morales, Mr. Cushing, Mr. Kiersey and Ms. Ostly voting yes. Ms. Binkley, Mr. Powers and Mr. Miller were not present. V. PUBLIC HEARING LU 00-0002, a request by Donald F. Cameron (a neighbor to the north) for a hearing regarding the applicant's request to remove eleven (11) trees in order to construct a new single family dwelling at 2306 Mayors Lane (Tax Lot 401 of Tax Map 21E 16CB). The applicant is JB&B Construction. The staff coordinator is Michael R. Wheeler, Associate Planner. Chair Cushing opened the public hearing and explained the time limits and procedures to be followed. He asked the Commissioners to report any ex parte contacts, site visits, biases or conflicts of interest. Mr. Cushing, Ms. Morales, Mr. Kiersey and Ms. Ostly reported they had visited the site prior to an earlier hearing. No one present challenged any commissioner's right to hear the application. Michael Wheeler, Associate Planner, presented the staff report. He explained that the applicant had changed from JB&B Construction (who was no longer involved in the proceedings) to Len Panos, who was to purchase the property. He pointed out the currently proposed site plan (Exhibit 49), a map showing the slope and area of disturbance of the proposal (Exhibit 50), and an addendum to the Consulting Arborist Report (Exhibit 51). City of Lake Oswego Development Review Commission Page 2 of 6 Minutes of October 02, 2000 Mr. Wheeler recalled that at the end of the previous hearing in March a number of questions had remained unanswered regarding the correct number and location of trees and the extent of the proposed slope alteration. He recalled that the consulting arborist had recommended that a 10- to 15 -foot tree protection buffer be maintained in order to protect trees' critical root zones from construction activity (see Exhibit 34). He related that the revised site plan had adjusted the position of the dwelling on the site in order to avoid impacting some trees and had downsized and reconfigured the driveway entry; however, it had not reversed the dwelling floor plan (as had been recommended by staff). He also noted the revised plan illustrated the locations of offsite trees that could be impacted by driveway construction. He also recalled the staff had recommended rerouting and hand -trenching drainage service lines to the down slope seepage trenches in order to avoid impact to several Douglas fir trees in a stand near the site entry. He related that at the time of the September 19, 2000, staff report the staff had recommended approval of the application subject to the recommended conditions on pages 6 — 8 of the report. Mr. Wheeler then discussed the October 2, 2000, staff report. He pointed out the report discussed the five trees the applicant was currently proposing to remove (see Exhibit 49) and other trees of 14- to 28 -inch diameter that would be impacted by the proposed dwelling, and included an addendum to the consulting arborist's report (see Exhibit 51). He reported that the staff had concluded that the applicant's proposal could be made to comply with all relevant tree -removal criteria after imposition of the recommended conditions in the September 19, 2000, memorandum, and additional language in A.(1.) to require a minimum tree protection distance of 10 feet between any improvement and a tree. He clarified for the Commissioners that Exhibit 47 contained an earlier version of the site plan provided by the original applicant, John Barnes. He further clarified that a 28 -inch diameter Douglas fir tree near the southwest corner of the proposed dwelling was 9 feet from the proposed footprint. Applicant Len Panos, 18581 Waxwing Way, Lake Oswego, 97035, testified that he had purchased the site for his home and his physical condition required a one -level home. He related that he had worked together with the neighbors and the staff to design a site plan that would reduce the number of trees to be removed to 5 trees from 11 trees. He acknowledged that he had considered alternative plans for the house in order to save the 28 -inch diameter Douglas fir tree on the southwest corner of the proposed dwelling; however, the other plans had presented new impacts on another tree (a 14 -inch diameter Douglas fir tree on the north side of the structure). He said his final alternative would be a major redesign of the house that would reduce the 56 -foot width of the proposed house by 5 or 6 feet. He explained such a redesign would take approximately six months. He recalled that he had requested additional suggestions from the arborist and the consultant had reported that if the larger tree's roots grew downhill and the trenching excavations could be accomplished by hand digging, its 10- to 15 -foot buffer could be reduced. The City of Lake Oswego Development Review Commission Page 3 of 6 Minutes of October 02, 2000 arborist had also recommended that if a choice had to be made between saving the larger or smaller Douglas fir, the 14 -inch tree should be saved. Mr. Panas stressed that he intended to save every tree it was possible to save, and he would continue to strive to save the 28 -inch Douglas fir tree, if that was possible. Mr. Kiersey recalled that down slope neighbors had indicated their concerns regarding the application at the previous hearing. Mr. Panas explained that he intended to follow a soils engineer's recommendations regarding trenching. Mr. Wheeler confirmed that residents of the area had been mailed updated information regarding the current application. Ms. Morales commented that the proposed house plan did not appear to have been designed to fit the lot's specific trees and slopes. Mr. Panas explained that the one -level floor plan suited his lifestyle and was not out of character with the neighborhood. He also clarified for Mr. Cushing that he proposed to construct the dwelling 9 feet from the 28 - inch Douglas fir tree. He confirmed for Ms. Ostly that the dwelling was to feature a basement area. None. Proponents Neither for nor against. Nancy Cameron, 2318 Hillside Lane, Lake Oswego, 97034, commended the applicant for communicating well with nearby residents and for proposing to remove only 5 trees. She recalled that the original applicant had planned to construct a home on the lot and sell it. She asked that as many trees as possible be saved, including trees in the turn -around area. Mr. Wheeler clarified for the Commissioners that a turn -around had been required as a condition of approval of an early 1990s partition of property that had created the lot. He indicated that if the application was approved the applicant might be allowed to obtain a building permit without the requirement of the turn -around. Mr. Donald Cameron, 2318 Hillside Lane, Lake Oswego, 97034, indicated that he understood that other neighbors would not oppose the application as long as the applicant made an effort to save trees. He recalled the applicant had testified that the consulting arborist had advised that if the root system of the 28 -inch diameter Douglas fir tree grew away from the house it might survive. City of Lake Oswego Development Review Commission Page 4 of 6 Minutes of October 02, 2000 Opponents None. Chair Cushing closed the public hearing and opened deliberations. Deliberations Mr. Wheeler clarified for the Commissioners that the arborist's "Observations and Recommendations" addendum (Exhibit 51) advised that "Smaller trees, under 20" DBH, may be able to sustain construction compaction within a distance of eight feet from the crown and root flare if other precautions are taken." He explained that because the staff had followed the arborist's initial guideline to set a 10 -foot tree protection zone, they could also agree to a condition that allowed the applicant to slightly reduce the distance of the dwelling from the large Douglas fir tree, based upon the arborist's addendum. Mr. Kiersey commented that the applicant, neighbors and staff had worked together to resolve issues and allow the lot to be developed. Ms. Morales observed the possibility that the applicant might be able to save the large Douglas fir tree; however, she advised that an architect could have provided the applicant with a house plan that better fit the site. Mr. Kiersey moved for approval of LU 00-0002, subject to the conditions recommended by the staff. Ms. Morales amended the motion to modify the recommended conditions to allow the applicant to locate the structure 9 feet from the 28 -inch wide Douglas fir tree at the southwest corner of the proposed dwelling if the arborist believed the tree could survive. The amended motion passed with Mr. Cushing, Ms. Morales, Mr. Kiersey and Ms. Ostly voting yes. Ms. Binkley, Mr. Powers and Mr. Miller were not present. Mr. Cushing announced the final vote on LU 00-0002 Findings, Conclusions and Order would be conducted on October 16, 2000. VI. GENERAL PLANNING Block 136 Hamid Pishvaie, Development Review Manager, reported that the developer of Block 136 had not yet applied to revise previously approved dimensions for the fascia and window trim on the commercial building. Proposed New Hearing Procedures City of Lake Oswego Development Review Commission Page 5 of 6 Minutes of October 02, 2000 Evan Boone, Deputy City Attorney, summarized a proposed new hearings procedure that would include a process where conditions to be imposed by the DRC would be considered tentative during a period when the applicant would be allowed the opportunity to have the hearing reopened for discussion of any constitutional concerns related to the conditions. VII. ADJOURNMENT There being no further business before the Development Review Commission, Chair Cushing adjourned the meeting at 8:15 PM. Respectfully submitted. Janice Bader Senior Secretary 1:\dre\minutes\ 10-02-OO.doc City of Lake Oswego Development Review Commission Page 6 of 6 Minutes of October 02, 2000