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Home My WebLink AboutApproved Minutes - 2006-12-04• CAUL X10 ORDIHR APPROVED City cif Lake a s wegu Develclpmenl H aviiew Ceimmission Minules DEiciemt Ear 4, 2006 Chair Bill T:i earnq called 1 ha Dleve1 apmanl Revi aw C lamm i.,s i on rr eell i n8 to cardear all 7:00 p.m . in thea Counail Chambers ofl City Hall at 380 "A" A veinue , Llake O: wego, C ragon. 11I. RC UL C IA LL Commissioner: pre., ant beasidels Chair Yarnay v"lere V:icaa Chair Sheaila Ostly, Nan Bink;lay and Bot Neaadhami. Commis:ionars HalliflaN Meai,burger and Mylsyna "tadnik v"lere amused. Staff pre., antwere Steiphean Lashbrocak, CommunitN Davaloplment Managar; Debra Andreades, Assocaiatea Manner; Jussica Sana ar, Associate Pllarnear; Hvar Boone, DeputyClity Attorney; and Joan Hal I, Adm:inistrative Support. 1111. MIN UITES Ms. Ostlyi moved to approve. the Minutes of July 17, 2006. M. in. Needham secon dead ® the m oti can and it passed 4.0. 11VI AIRPROyIAH CFI FIN DING 9, CCNCLUI�IGNS AND CRDER (None) V. PIUIBUICI HHAMING IIU 06-0031, a repuest_61v Hames with Style, Inc., fear modification cif a previcausly appravad D avalopment Parmiit IJLIU (1f =0001) la reduce the 7211 -foot nartf utly s idea yard solback can Parcaal 1 (the ruar fag lot; to 218 feet. The situ is located at 645 Country C.Iub Raad, ' laxa Lat 190(1 of Tara Map 2 1 E 04DA. The hearing had t Baan acantinued from Noveri- bet 20, 2006. Chair Zlierney apleanud the public Iaaring arc explaiinead thea applicaablea procaedure and time limits. He asked tre. Commissionars to reapcarl any ax plartel contacts (:including sitEa visits), biases and conflicts caf inturast, and to ideintifly any known preasOnil or aniic:ipated fuiura busineass ralaticanshipls with tha pjro'eal or 1he applicant. Thle only declanaticans werea thal Ms. C st1IN reported she had hleard Jim Bol1arc discuss redateld issueas at an Infill Tusk Florae rr icieting the Ilricar waak; arae Chair Tierney raplorled that he had asked the applicant for pearrnission to visit the situ ilhoplrev;ious day. '111Iey both alarified shay could dac:idea thea aasc without bias. Elachl Comrr iissioner rapclrled hl:is/her bus inc ss or accuplat on as follcavws: Ostly (1rual aslate aplplraiser); Hinkley (arcihitecat); Neuchaml (lawyer); and Chair Ali etriey (utilities inspeactii can busineass, . r ca ona present ahall a nge d any commissioner's rii ghl to haar thea appal ii aatian. No ane resplondeac whir I Chair fli erney askead if t1 a appll i cant was plres ent. City cif Labe Oswe€lai Develcipmenil Meview Commissicini Nagle 1 aif5 M it ul e9 cif December � , Hm D eHr a Andy eiadcis. A ssiaciiate Manner, prcisentead the staff report (dated Novemb(ir 9, Is 2006 and Staff IMeimarandum datcid E aaembcar :I, X1006). Shea advised staffl had fbun d that a lealter from Erie Tuppan dalead Naveamber 29, 200(, (Exhibit G210) was new eavideince, howeavar, it had been submitted afler the deadline fdr submitting new evidenoo. The Ceim mi ssioncar s vcitcid 1 ci exelud eLExHibli t G2101rom the record after a "''showi of hands" vote. Thea Commissicanears first considered whetHeir thle aipplioation vias a "minor moc ifi(Wtion�" or as "major mod:ifiaation" of thea previously approved permit. Ms. Ostly saic thei app.liioatiican was a "manor modifrcaation" because it cid not raise thea bar to ihea leaval ofla "rrajor mod:ifaaatican." Ms. Bink ley agreed, and eaxplained that if fit were a "major modif caation" that would require the eavidencca to show therca was a reaason to recaonsider ala thea previously-partiticirieac parceals, or lhlat There would ba a substantial impacil to a nalural areia when the avidarace did not show that. Mr. Needblain indicaated that ha agm ad with Ms. Binkley. Chair Tierney said ha agnaad thea applicaatican was a "itiinor modifrcaation" becaause the raduaed setback thea applicaant askeac for was sii11 in eaxcaess afIthe minimums setback required in the zonae. He of served a caansensus that the applicant propascad a "`rr inor change." The Commissionears it. cin considered wHeilhar thea appl:icaat:ion met thle aritEaria fbr modificaation oflan approved deivelopmenl permil. Chair TierncN observead a caonsensus that ihea propasal did not increase the imens tN or density caflusea aftear Ms. Ost.ly observeac thal thea propased mocifrcalion would simply allow a single fi rnily house to be a litille ® largar, bull it would neat :incareaasa ihea number cafldwalling unils and avearaagei daily veahicle trips. Mii. Neeacharn and Ms. Biinklay agreead with Ms. Os11y. Thea Commissicinears then considered whlethear the applicaation miat the clritclri on thlat appl:icaable slandards and legal requincamants had baera mel. Ms. OstlN recaaalled stalff had reapcarled that plrevicaus appliaanls had imposeac the larger setback on lhemselveas, and stile nollead thal ihea currently proposeac setback was stricter than lila RI -7:-I zone standard.. Mr. Naedham queasilionFad wl. either thlis ariter:ion applicad to an agreemeinl bealwean neighbors referred to :in test:irr any. Ms. B:inkleaN said it vias callaar from the staff report 11aat thle 104 6o roar seilbaak had baen set tea proteacat lha RCHA, but ilhat thea 72 -fool northearlN sida setbaak was not inlended to protecat ihea resourae. Thea Commissiicanems then disaussead Ms. BinMey's suggeasilion to raquire a housea design shat was "kindear" to thle neaighlbors across 1ha narrower reaar satbacak . They wonc.crad wheitHer as "rrinor modifrcaat:ion" approval caould :incaluda such an impacat- mlitigaling aand:idon. Staff caonfi-nn adtHal thEa Coda rcigulated thle sides wall platin; but not 1ha reiar wall platin. Mr. Na adharn observed lhaat 1ha aplplicanil could do thlat voluntarily. ClHaii Tiarnay obsurvead the appl:icaant was not preaseanl al tHel hearing. Ms. Ostly antiaipaited thlat if tha side setback were raducaed, thle sidea of thea Housea inighil be axtended as far as 3(I more fd at, and ilhea rear wall would be exteinc ad also. She noilead that might rasull :in a vary large, unbrokeir., reran wall plain. Staff obsarvad iihea original pnocflss I caring had not fideanlified or considered such) an :issuea and that decision Had riot dealt w:ilh thle dus;ign cafltHe hause. The Commissioners then considearad whatHer thle reaqueastead change could affUct any "oil ear legal requircarr giant" under thle secacand part oft L.00 �C W .001. Thley reacialleid opponents' ® contention thlall the previously imposad developinant reasllrictions were a lagal raquiremeanl C ity of We Omeglo Deveilapmeni Fkivieiwi Cc mmissicn Page 3 of _I MinL tes of December 4, X10( 111at could not bei modifieid by any party, incluc ing the City. Howeiveir, Mr. Boonei advised That the reicordeid notice of cl avedopment resiricilions hard becin called fbr in thea previously ® approveac conditions of approval of lhei partition in order to alart flaVurea innoconl purchasonsi. He advi'seid that the subjeact setbacA reastr:iction ciollld be amiended with thea aonscant of thea City through the aurreint rrodificarlion applicati'cin. Mr. Neaedham recalled testimony that tha langur setback had beiean thea result oflaft a�lrearnent between neighbors. Stafflclarified that they understood thea largear setback had bean praposed by the preivious applicants and staff was not awana of any third party agreaemenV to that affect. Chair 1liemey then cabservied thEarei vasa nothing in thea record about sliahl an aagreemurtl eixcapt lhei 'lupparas' leslirnony ilhat thare was such an undorstanding; thara was no ovideance that staff was awara of any agraernont by the Tuppans and the pricar owner. Ms. Hinklay cabservied that the currant reaqueast was ftar a larger setbackl than the eon's minimum setbacik. Mr. Neac hams rec all€ic that thler€a had beaean no basis for fine ing thal a 12-ftaot seatbacik shcaulc be imposac . Ms. Andreadas realatac thlal staff hac leaannad from axparienca and nca longer racommeandelc selbaclds as shown can a situ plan, but useac the zona setbaci% unless there was a spacifaci reason not to. Chair Tiomay noted that the Comm. un;ily Davelopmanl Director had subm;ilted a Noveimber 27, 2006, memorandum that confirmed Thea 72 -foot sealbacld wase not intended to protect thea resource, but had been voluntarily imposad by rhea land-part:ilion applicant. Chair Tiarnay ccanciludadthal mciant lha C:ily could modify il. Me Commissioners then consic Barad whether the requeistead modifaciat:icin could hlavea a significant effecil. on othar propearly or uses. Mr. Needhama questioned hcaw thea request ciould afflict otheirs if Thei applicant was asking for less thlan whal tha Coca would hlavo allowed. Ms. Binkleiy obsei'viad thle hcause ftacatprinl c caulc meal thea zone staricands. Chair Memey ncaled that no cines had laslifieac that/ they had mac ei a decision bascid on thei davalopment iiestriction. Th a Commissioners then consi c arad w heathler the c hangs w oul d clause any deal arioral i on or loss cif any natural featura, prociess cfr open spaca. Ms. Hinkley cabservied thea raciord shlowad a cleanly dolineatac resource anaa arae thea applkat:icin would ncnl reduca it. Ms. Ostly cat servied that thle applicanl had designeac the house fticalprint arcaund and outside the RUA. Mr. Needham said thle City had identified the pnoteactec area and that rr.eiant the hlcause hand to ba posait:ioned cilllsic a the resourc a arid in lha cicim ar of thei lot against the setback. Chair Tierney advised that the applicanl wase required 10 proteacit at llaast 9(I% cif the RC District that was rrlost alignficant, and he hac picalecllead 54% of it in the weaslern part cif the renounciea, which stafflhlad fbund was thea most signifaciant. He indicated that 1•a generally bealieved it vasa :imlplortant la consider what.was on adjacaant property, even iflit weare not within the City limitsa, but in this case, thea resourcie proteactKin area had already been identified and set aside and it would be difficult to change that, sca he cionciluded the crileriion was mut. Ms. BirMey nciled that idantificiation and protection of the rasourcea areia had beaen caonsidered and dee idad during thea original parr iticaning procless. ChIa:ir Tierney medalled stafflhlad leaslified thle application meat thea criter.. on that it would not significantly affbct any public facility. The Commissicaners cons:iclaread thea criterion Vhat tlhea cihangea would not affbct any ciondillion specificiallIN placed on thea devellcapmlent by aeticin of a hearing beady car City Cit) caffLaike Oswego Cleuel apmenl Rleview Cammis9ion Aage 3 cif 5 M inuiles of Elecember 4, 210(16 Caunciil., Thay recalled staff had axplainied that stalff, and not a hezring body, had approved the parlillion. ® The C ofnfimissioniersi thcin considered thci requcisit fUr trees removal. Chair Tlierney recalled tHat the C side allowed removal frir davelopmanl purposes: He cbsierved that if the Clomimiiss:ion allow cid tha requesited sic e yard selbacld ac justmiant, tresis wrilhin tho larger house fricnlprinl eculd be ramiovad. Ms. Bink ley observed tHat a large parciantage of the total traeis on the site would be saved. The Commissioners then considered Ms. Bink lay's suggaslion to apply lha Code's side yarc wall plain silandard to the roan elevation of tha Housa. Mr. Boone ccmfirrr.ad that ifl the Commissioners were inclined to approve the requeslad side yard setback modifacat:icin anc they antiaipatad it could rasulll, in a longar rear wall plain they aould :imipase a ciondition to nriligato a large blank wiall plan6. Ms. E inkley m ovEid to aipprovei LU 06- (103.1, m illh gin additional condition that imposcid 11he side yard wall p lane stainrdamd on the rear ekivation, Mr. Needham scicandeid the motion and it r asscid 4:0. Chair Tierney announciad thea final vote would be hello on Dacembar 18, 2(1(16, LU 06-0029, a reciuest_by_Stoneridge_ Customcin development, LLC, fbr appraval cif a 12-1cnl single-family rasidential P:lannad Development and the ramoval cif 13 treas. The sides is loaateid all wasil end cif Frost Streat (Taxi Lot 21 (1(1 ofoi Map 2 1 E IHH). Tha hearing had been cionlinued from the November 2(1, 2006; DRC meeting. Chair Tieirray opened the public hearing and expla:incid the applicable prociadura and time lim:ills. He asteid the Commiss:icneirs to decilare any eix parte contacls (including site visils), biases and coniflials oflintarasl, and tci identify any known preiseinl or ariticipatad fuilurei bu,iinass relatiansihip,i with the pro,jeait cit the applicant. Tha only declarallions wcirei lhat M.S. Ostlyrapciriad thal she had appraised cilhor propert:ieis owned ty the applicant, and Chair Tlierney raporled ilhat hes had drivem to the sail a, but had nal walked it, or drawn any canclusionsi from lhat viis:iil. Eaoh Commissioner rciparteid his/her business or ciccupaticin as fol.1ciws: Osllly (real astate appraiser); Hinkley (arahitecl); Neadhami (Ilawyeir,'; and Chair Tierney (utilitieis inspection businciss). Nci onei present challenged any commissioner's rigHt to Hear thci application. Ken S aindhlast, Manning Reisou rms,_7.16.0 S..WFir Loe m S tc.2.01,_Tigard,_Orcgon, 9112123, tHU applicant's represantal ve; waived ilhair f Eft w additicinal slime to submit a final written angument. Jessica S armcin, Assiociiallei Alanner, had rciporiad in her November 210, 2006, Marrorandum tHail a letiler from Timothy Horst dailad November a4, 200(, and reciaived on Novcimibar 29, M(K (Exhibit G204) was niew cividanae, howeivcir, it had been subm:ilted aftcir the daadlina for submitting new ev'danca. Mr. Needham and Ms. Binkley said ilho Commissicin should t ci cansislent in oxaluc ina tastimonN than wa,i not tooeivad bN tha dead:lina. Mr. Needham moved to cixcludc Exhibit G2014 from -the necord. Chair Tierney observed a canseinsus not to ccinsidcr it. C ily ofiLAe Cswiego Derveloplivert Review Cammissian Paige 4 of 5 MiniLtes afDecembem 4, AOe IleliHerations is Chair Tierney relca:llad that 1Iha application selemcid to meet ala Development Cladei requircirrants and tha appliciant had :ind:iciatad they agreed to tha slaff reciammiended conditions oflappraw1, and thal they were willing to workl with the stafllregard:ing the cue -da -sac. Ha recalled that opponents' IIaslimony Had not addrassad app:licabla Code provisions ilhe Commission had to consider in making a dacision. Ms. Ostly :indiciatod she agread withl Chair Tiamay that thle appliciation met thle Clodo, avan tHoughl she was conicarnad about 1ha negailive impacts to neighbors described in llaslimony. Hlowavar, sHe saw soma exaggeralion regarding satbackls :in their letters and sHe bal:ieivad tha houseis an tHa site would also sarva as buffers. Sha notad the subdivision Had been fitteid into the topogiaphly and flrotactad thle apprapr,'ate amount ofIopan space. Clhair Tierney racaalad tastimionN thlall the applicant plannad to placa tha Opar.i space avar land that was on - buil dab] a an"ay, but He said He undarstaod that builders did t wild on staeip slopes and tHa open space was well] placed vuhlere it would alsa serve la bufftir neighbors. M s. Binklay commaniad thlal :iil was difficult for heir to saa projacts sucil as this ana proposad in rasidantially acnad areas in locations thm had seiamed 10 sana as parks until shay vwene devellcipac, and would 8anarata incraaseic traffics. Sha said meanly peopla did not undersland that AD acute have less than zona standard lots :if it also provided appropriate open spaaa. Sha said ilhe Commission tyfliaaalN hiked to sea a daveloper offtir more opens space thanihey ware racluirad ta. SHe rioted 1Iha Code also required the proposal to meed Sal an A ccass requiram ants. But shle agreed 1I ha aurtanil application meil tha Coca provisions that the Commission hac to base :ills decision on. Mr. Noadham indicated thlat hie agreed with Ms. Hinklay's commands. He advised that tha developer was a:llovued to use 1Iha sits thle way thle lava allowad, and the appropriate gime to contest zoning was vuhlen it was propased to bei applied to an areia. r Ms„ Ostly moved to approve Ilii (16-0029, sub; cct to the conditions recommencileid in the staff report Mr. Needham seconded thea moticn and ,il passed 4:0. Chair Tiamay announctid the final vara would be conducited ar.i Dacembor 18, :1006. VII. GENBRAL PIJANNINIG & O-IHIER BUSINESS (None) VIII. ADJIOUIRNMEIN'II There t Bing no, f irthor bus:inass Chlair ' litimay adjournied thea moat:ing at 8:(13 p.m. Rleispecltfully submillted, Jaanl Hall Administrativa Support L' drone inuteis\ I.1 -Q14 -CIE di aft.dcic. C ity of Lakei Omega E evulaflmerit RteN ieiw C ammission flagje 5 d5 Miniuiles of E ecumber 4, 20(16