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Home My WebLink About2-Staff Memo 01-24-22 PCPH w-Exh LU 21-0057 • E p MEMORANDUM rnt 0 TO: Lake Oswego Planning Commission FROM: Evan Fransted, AICP, Senior Planner SUBJECT: Annual Code Amendments— Public Hearing (LU 21-0057) DATE: January 24, 2022 HEARING DATE: January 24, 2022 The purpose of this memo is to provide written testimony that has been received since the publication of the staff report, dated December 20, 2021. As of noon today, the following written testimony was received, listed below. G-1. Letter from Eves, received January 21, 2022 G-2. Letter from Barman, received January 21, 2022 ANALYSIS OF TESTIMONY RECEIVED The following is staff analysis of the written testimony received. • Maximum Boathouse Size: Exhibits G-1 and G-2 state concerns regarding the proposed amendment to reduce the maximum size of boathouses within the Oswego Lake Setback from 560 square feet to 500 square feet (Policy Item #2). The commenters states that 500 square feet is insufficient to store a boat along with space for other items that need to be stored, such as boat accessories, outdoor furniture, water toys, and yard equipment. The amendments would align with the recently adopted Flood Management Overlay District amendments (LU 20-0005); if a boathouse would not qualify as an "accessory structure" per FEMA definition (< 200 sq. ft., located outside of setbacks), then the owner could apply for a ministerial "boathouse variance," if< 500 sq. ft. As stated in Attachment 2 of the staff report, the proposed 500 square feet maximum size also aligns with the Lake Corporation private standard that limits boathouses to 500 square feet. In communication with the Lake Corporation, it is staff's understanding that their board is not opposed to the proposed amendments. While some lakefront properties have boathouses that are not on Lake Corporation property, staff does not recommend adopting different standards based on who owns the property. The majority of boathouses are on the Lake and thus the 500 sq. ft. is sufficient for boathouse use; staff does not recommend adopting different standards based on who owns the property. 503.675.3984 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us Page 2 of 3 Staff finds that the 500-square-foot limit provides adequate space for boat storage and other ancillary storage on Oswego Lake. A property owner has the option to place an accessory structure on a property for storage if the Oswego Lake Setback (25 ft.) and other applicable standards of the zone are met. If there is insufficient area on the property to place an accessory structure and meet the standards, the applicant can apply for a Residential Infill Design (RID) variance for an accessory structure per LOC 50.08.003.2.e. • Boathouse Definition: Exhibit G-1 discusses that it would be challenging to clearly define a boathouse "because there are so many uses being made of boat garages throughout the lake." Per LOC 50.10.003— Definitions, a boathouse is defined as: A roofed structure built along the shore of a river, lake, canal or stream for the purpose of storing a boat or other watercraft and accessories. Incidental uses of a boathouse include, but are not limited to:sanitary facilities (including shower), cooking facilities, rooftop decks (including stairs, whether interior or exterior). The following uses are not permitted within a boathouse: habitable room(s), office, sleeping facilities, eating facilities. There are no changes proposed to the definition of a boathouse. Staff finds that the existing definition is sufficient to define the use and does not recommend any changes at this time. • Statewide Planning Goal 10: Housing: Staff received questions from the Fair Housing Council of Oregon (FHCO) on why the staff report did not address Oregon Planning Goal 10: Housing, in regards to the proposed amendments to the building design standards (Maintenance Item #1 and Policy Item #3). Staff finds that Goal 10 is not applicable because the proposed amendments do not affect Goal 10, discussed below. The purpose of Statewide Planning Goal 10 is to ensure the opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs. The following Oregon Administrative Rules (OARs) provide standards for compliance with Goal 10 "Housing" pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through 197.307 (Needed Housing): OAR 660-008-0010 Allocation of Buildable Land The mix and density of needed housing is determined in the housing needs projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection. The local buildable lands inventory must document the amount of buildable land in each residential plan designation. The Lake Oswego Buildable Lands Inventory (BLI) and Housing Needs Analysis (HNA, 2013) was adopted as an Appendix to the Lake Oswego Comprehensive Plan in 2014. Per Page 3 of 3 the 2013 Housing Needs Analysis, Housing Land Supply and Capacity Analysis (Exhibit F- 005), pg. 22: • The buildable lands inventory methodology calculated the gross vacant and part- vacant residential-zoned land within the Lake Oswego USB; • Determined the housing capacity allowed with current zoning on those buildable lands: • Determined the 20-year housing needs, • Compared dwelling demand forecast to dwelling capacity on those buildable lands; and • Applied the Metropolitan Housing Rule requirements of 50/50 mix of attached and detached housing, overall density of 10 dwelling units/acre, and types and densities for present and future area residents of all incomes. The proposed code amendments do not change allowed density, uses, housing types, Comprehensive Plan Map or zoning on any property. The amendments do not discourage the construction of housing because the amendments are clarifying the existing design standards that already apply. The proposed amendments will have no effect on the Buildable Lands Inventory; therefore, Goal 10 is not applicable. Copies of these exhibits were distributed to the Commission and are available online at the following link: htto://www.ci.oswego.or.us/boc pc/lu-21-0057-communitv-development-code-annual-amendments- 2021-1 RECOMMENDATION Staff recommends approval of the proposed code amendments as discussed in the staff report, dated December 20, 2021. ATTACHMENTS 1. Exhibit G-1, 1/21/22 2. Exhibit G-2, 1/21/22 Mark W. Eves 237 North Shore Road Lake Oswego, OR 97034 January 21, 2022 Planning &Building Services City of Lake Oswego 380 A Avenue PO Box 369 Lake Oswego, OR 97034 Attn: Iris McCaleb Re: Boat Garages on Oswego Lake Dear Planning Commission: I recently learned about a proposed ordinance to limit the interior square footage of boat garages on Oswego Lake to 500 square feet. Please accept this letter as my request that this requirement not be included within any ordinance or code of the City of Lake Oswego. The Oswego Corporation has dealt with this issue for many years, and has had the flexibility to address special and unique circumstances. It should continue to do so. I have lived on Oswego Lake in the same residence for approximately 35 years. Most of the lots on Oswego Lake have limited square footage and yard space. Therefore, for most homeowners, a boat garage is an integral part of their waterfront deck or patio. It also serves as an out building to store lawnmowers and yard equipment, outdoor furniture for winter storage, children's outdoor and water toys, and other outdoor items. Many owners also use the boat garage building as a waterfront outdoor entertainment space which is protected from the weather. These types of usages have existed since the current Oswego Lake was created and developed. My small boat garage was built in the 1930s. It has space to store my 18-foot boat on slings, plus a very small amount of space to have access to one side of a portion of the boat. It is not adequate for storage and does not allow full access to the boat. About 20 years ago, I placed an inexpensive plastic building next to the boat garage to hold the lawnmower and other lawn equipment. I would like to remove it and expand the boat garage into that small space for storage. I also would like to expand it to allow a small shelter from the rain. The proposed ordinance would prevent me from doing those things. The challenge for the Planning Commission in this context is first to determine whether any action regarding boat garages is necessary, and then to define what a boat garage actually is. Action is not necessary by the City. There is no pending problem to fix. Because there are so many uses being made of boat garages throughout the Lake, there cannot be a clear definition of a boat garage. As a result, by regulating this, the City of Lake Oswego will be drawn into numerous legal actions relating to that definition. Regulating boat garages will cause significant problems with interpretation and requests for variances, and would not solve any problems. LU 21-0057 EXHIBIT G-1/PAGE 1 OF 2 Planning & Building Services January 21, 2022 Page 2 Most of the residential lots which face the Lake include property which technically is owned by the Lake Oswego Corporation along the waterfront. Other lots include submerged property which is owned by the homeowners, and not the Lake Oswego Corporation. Although it can be argued that the City of Lake Oswego might have jurisdiction regarding structures located on Lake Oswego Corporation property, as well as other privately owned property, the involvement of the City in regulating the size and location of boat garages inevitably would draw the City into issues involving real estate surveys and ownership debates. Again, the management of this kind of issue is far better handled by the Lake Oswego Corporation. For the above reasons, I strongly urge the Planning Commission to decline to address the boat garage issue. Sincerely, Mark W. Eves cc via email: PlanningCommission @ LakeOswego.city pctestim ony @ I akeoswego.city LU 21-0057 EXHIBIT G-1/PAGE 2 OF 2 Mark W. Eves 237 North Shore Road Lake Oswego, OR 97034 January 21, 2022 Planning &Building Services City of Lake Oswego 380 A Avenue PO Box 369 Lake Oswego, OR 97034 Attn: Iris McCaleb Re: Boat Garages on Oswego Lake Dear Planning Commission: I recently learned about a proposed ordinance to limit the interior square footage of boat garages on Oswego Lake to 500 square feet. Please accept this letter as my request that this requirement not be included within any ordinance or code of the City of Lake Oswego. The Oswego Corporation has dealt with this issue for many years, and has had the flexibility to address special and unique circumstances. It should continue to do so. I have lived on Oswego Lake in the same residence for approximately 35 years. Most of the lots on Oswego Lake have limited square footage and yard space. Therefore, for most homeowners, a boat garage is an integral part of their waterfront deck or patio. It also serves as an out building to store lawnmowers and yard equipment, outdoor furniture for winter storage, children's outdoor and water toys, and other outdoor items. Many owners also use the boat garage building as a waterfront outdoor entertainment space which is protected from the weather. These types of usages have existed since the current Oswego Lake was created and developed. My small boat garage was built in the 1930s. It has space to store my 18-foot boat on slings, plus a very small amount of space to have access to one side of a portion of the boat. It is not adequate for storage and does not allow full access to the boat. About 20 years ago, I placed an inexpensive plastic building next to the boat garage to hold the lawnmower and other lawn equipment. I would like to remove it and expand the boat garage into that small space for storage. I also would like to expand it to allow a small shelter from the rain. The proposed ordinance would prevent me from doing those things. The challenge for the Planning Commission in this context is first to determine whether any action regarding boat garages is necessary, and then to define what a boat garage actually is. Action is not necessary by the City. There is no pending problem to fix. Because there are so many uses being made of boat garages throughout the Lake, there cannot be a clear definition of a boat garage. As a result, by regulating this, the City of Lake Oswego will be drawn into numerous legal actions relating to that definition. Regulating boat garages will cause significant problems with interpretation and requests for variances, and would not solve any problems. LU 21-0057 EXHIBIT G-1/PAGE 1 OF 2 Planning & Building Services January 21, 2022 Page 2 Most of the residential lots which face the Lake include property which technically is owned by the Lake Oswego Corporation along the waterfront. Other lots include submerged property which is owned by the homeowners, and not the Lake Oswego Corporation. Although it can be argued that the City of Lake Oswego might have jurisdiction regarding structures located on Lake Oswego Corporation property, as well as other privately owned property, the involvement of the City in regulating the size and location of boat garages inevitably would draw the City into issues involving real estate surveys and ownership debates. Again, the management of this kind of issue is far better handled by the Lake Oswego Corporation. For the above reasons, I strongly urge the Planning Commission to decline to address the boat garage issue. Sincerely, Mark W. Eves cc via email: PlanningCommission @ LakeOswego.city pctestim ony @ I akeoswego.city LU 21-0057 EXHIBIT G-1/PAGE 2 OF 2 January 21, 2022 City of Lake Oswego Attention: Iris McCaleb Planning and Building Services Department, Second Floor 380 A Avenue PO Box 369 Lake Oswego, Oregon 97034 Dear Planning Commision: I'm writing you to request that you maintain the current policy on boathouse size. I served several years as Area 1 Representative to the PNA which included all the lakefront property within the Palisades Neighborhood Association. I also served 10 years on the Lake Oswego Corporation including nine years as chair of development. I'm not writing representing either organization but my experience has informed me that this will be very detrimental to homeowners around the lake. The lakefront homes are not "monolific". Some homes own into the water, some homes own to the waters edge and some properties actually have the Lake Corporation owning into their backyard. In all cases the Lake Corporation can limit the size of a boathouse on their property. The Lake Corporation current policy limits all boathouses on the Lake Corporation property to 500 square feet. I am including an attachment that shows that a current typical 22 foot boat would fit in a 500 square foot boathouse, but basically leave no room for other needs. The typical MasterCraft boat including The "Lake Oswego Edition" Mastercraft boat purchased with a platform for wake boarders, is 20 ft long and most buyers add the 2 foot platform, making the boat 22 ft. long. The maximum boat hull, not including the platform is 22 feet allowed by current Lake Corp policy. The Lake Corparation does allow you to add a 1.5 foot platform to the 22 foot long boat. As my illustration shows this would take 480 square feet to fit in a boathouse. No room is left for all the "needs" that go along with owning a boat like that. (See attached list) LU 21-0057 EXHIBIT G-2/PAGE 1 OF 5 The "extra" 60 feet allowed by city code is very necessary storage for many homeowners. You might ask "if this is the case why doesn't the Lake Corp increase boathouse size". I can't answer that question but I can say that as homeowners "personal" property allowing for the extra 60 square feet gets rid of clutter by moving toys and storage inside the boathouse and not lying around outside year round. Our harsh winter weather ruins outdoor boat accessories and various items such as paddleboards. It is also particularly helpful to homes in Area 1 who's homes are high off the lake. The last thing homeowners need to do is carry wakeboards, inner tubes etc. up and down stairs. Remember this proposed regulation is impacting homeowners personal property not Lake Corporation property. So if the homeowner wants to have the 560 foot boat house on their property they should be able to. No conflict is caused by allowing the existing policy to stand. Please leave the current policy as is. Sincerely J ,4 I Bob Barman 1445 Oak Terrace Lake Oswego, Oregon 97034- 503-720-2917 Attachments LU 21-0057 EXHIBIT G-2/PAGE 2 OF 5 " ' 5ocAottb-it 0E4'4 11 4t; I TK Mill ini1411; 1:7C 't437111OK, S �Q -} 0 1 � t (4, Z2,' boat wi4h ? let-1- ' 101/14 t' 30 .Qj? LfQ PP DO*1 nnrMa LKt pMHt$'1 iv.kNitet I S4btst 2, icAte4.- SiNK- y . sKi ddlY b oa w( - walLe s � :-F . eteVA: 19e404 C. . UI`( 7, Ile.otef4irk 14-14.04uhe s ftioi•e 410 3 I I LU 21.0057 to t1taA!-vrnt4Cv5 ' tAS • 0 e A T D‘°. r. . 6,40 iip:14.# avhILI'._.1.7---iti"' 41:!F "S4,„ v‘d, ,, • L .. SC) t-eel 141$ X I le 14 • • • • • • • • • • • • • • ♦ • • • • •• • • • A\ Ill • - 4øo# Waitt... • - vliZe owro14 Ki _ / • • a ,O,0A _ o. 411414 • • w alkftel7 A..bog* ! w"4- • • tot • • efemPiri . tlik4C0 , • 1 e' • Gor )oo # • 4 v.5..i d..- t joe I to:, • • 9 1 ti/ co jam* 'f • • 1 b 0 1 . • • 1 • '1 • • ‘ - • • s • as• • I . I • • • • • a a • a I I • 6 • v 21-00TX I � 2/PAG 4 F • F E I 1 t4 r vica42 the Alas craft III ' XT20 - LAKE OSWEGO EDITION MasterL/dit I' The XT20- "Lake Oswego Edition" is specifically optioned, weighted and purposed for Lake Oswego, Oregon. Length: 20'0"/6.10 M Beam: 98"/2.49 M Weight: 3,470 lbs/1,574 Kg Interior Width: 81.5"/2.1 M Draft: 29"/.73 M Fuel Capacity: 45 Gal/170 L Storage: 70 cu Ft/1.90 cu M Hull: Vector Drive Special Options: Tower-Must select ZFT2 Engine-Must be 5.31 or 6.0L Audio-No Premium Audio Package(Advanced Audio is Selectable) Tracking fins-Non-Selectable Option Gen2 Surf System-Non-Selectable Option Attitude adjustment plate-Non-Selectable Option Bow Filler option-Non-Selectable Option Mirror-ProView Panoramic mirror is a non-selectable option Install dual Batteries-Non-Selectable Option Cordova Cooler Upgrade-Non-Selectable Option Battery Charger-Non-Selectable Option Hydraulic Seat Lift-Non-Selectable Option Billet Walk Thru Door-Non-Selectable Option Anchor-Non-Selectable Option Convertible Center Rear Seat-Non-Selectable Option Comfort and Convenience Package-Non-Selectable Option Transom Walk-Through-Non-Selectable Option a I IF LIN ISTERCRAFT DEALER FOR MORE 168411,13.. G-2/PAGE 5 OF 5