HomeMy WebLinkAbout2021-08-16_Siegel_Re_ SB458 theory in action From: Sieael.Scot
To: fanfh-caroleCaleurooa.com;Olson,Erik
Subject: Re:SB458 theory in action?
Date: Monday,August 16,2021 4:22:25 PM
Hi Carole,
Erik is out until tomorrow and has other project priorities when he returns, so I'm sure he
won't be able to get to this for a bit.
For what it's worth, if you have one lot, regardless of how many structures or units are on it,
you have one lot- and floor area and coverage are based on what's on the lot. If the owner
later divides the lot, floor area and coverage would be recalculated to ensure each new lot
meets both standards. They could not divide the lot in such a way that a building becomes
nonconforming, or in such a way that the dwellings are no longer in compliance with the
building code.
Some visuals would help with this, and the issue is way downstream from where we are at
now. Erik can pick this up with you as his time allows. As always, good questions.
Scot
Scot Siegel, FAICP, LEED-AP
he/him/his
Planning and Building Services Director
City of Lake Oswego
503-699-7474
ssiegel@lakeoswego.city
From:fanfh-carole@europa.com <fanfh-carole@europa.com>
Sent: Monday, August 16, 2021 3:26:13 PM
To: Olson, Erik; Siegel, Scot
Subject:SB458 theory in action?
Hi Erik and Scot,
I am continuing to think about the impact of SB458-I see it as such a
different overarching approach to land use-and I can only start to
understand it by looking at some concepts.I have a simple question and
maybe not a simple answer,but it may help me to delineate the effects we
will be sorting through.
So if we have one lot,lets say R10 that has two detached duplex
structures with a fee simple property split,40%owned by A,60%of the
property owned by B,(and sounds like a math story problem already).
First,is the FAR and lot coverage for the two structures determined
collectively on the R10 lot for the additive of both structures?Thinking
you will say an easy yes there.
In my theoretical example,there is a small percentage of FAR unused.
Owner A comes in to submit an application to do an addition a year later
that will use up the remainder of the available FAR on the R10 lot.Owner
B comes in later that day to submit an application to use up the same
remainder of the available FAR on the R10 lot.
What does staff do?Check with Clack Co to see what the lot proportionment
is and divide up the remaining FAR accordingly?First come first served?
The initial proportionment of the FAR might have been 50%50%for the
structures even though the lot was fee simple apportioned 40%60%.
Seems like this could be a relevant issue with either attached or detached.
I know we are not at this level of specificity yet,but if you can point
me to the answer here,it will help me know if I understand what is in
play with this new rule.I am searching the concept more than looking for
details.
Thanks,
Carole