HomeMy WebLinkAboutAgenda Item - 2022-09-12 - Number 07.1 - Staff Memo 08/29/22 PCWS-3 (PP 22-0002) of LA os MEMORANDUM
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TO: Planning Commission
FROM: Scot Siegel, Community Development Director
SUBJECT: Residential Nonconforming Development—Work Session #3 (PP 22-0002)
DATE: August 29, 2022 MEETING DATE: September 12, 2022
INTRODUCTION
At its July 11 work session, the Planning Commission reviewed options for amending the
Residential Nonconforming Development standards and requested that staff conduct further
public outreach. For background, please refer to the June 27 staff memo in Attachment 1.
Staff has since met individually with representatives of the Neighborhood Chairs Committee
and the Home Builders Association of Metropolitan Portland. Both organizations were
interested in this topic and expressed varying degrees of support for revising the current policy.
The purpose of the Commission's September 12 work session is to review their input and
consider how the City might proceed with code amendments.
DISCUSSION
Earlier this year the Planning Commission received recommendations from a workgroup
convened by staff to address demolitions and the nonconforming development issue. The
workgroup, which included a representative of the Neighborhood Chairs Committee, a
residential builder/remodeler, and the chair of the former Middle Housing Code Advisory
Committee, recommended the City establish a threshold for removal of exterior walls or
perimeter foundation for when residential remodels must fully conform to the development
code under LOC 50.01.006. The workgroup suggested 50%, which is the same standard that
now defines "demolition" in LOC Chapter 45 Building Code and LOC 24.06 Demolition Tax. The
workgroup offered other options, as well, including up to 80% removal.
Home Builders Association Input
Staff met with Preston Korst, Government Affairs Director of the Home Builders Association of
Metropolitan Portland (HBA) to review the existing policy for nonconforming developments and
the changes under consideration. Generally, he understood and appreciated the City's interest
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.ci.oswego.or.us
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in refining its policy. Mr. Korst said his organization would provide written comments for the
Commission on or before September 12.
Neighborhood Chairs Committee Input
Staff spoke with Carole Ockert, Chair of the Neighborhood Chairs Committee (NCC), by phone.
Ms. Ockert expressed their continued support for the code concepts developed by the
workgroup of which she was a member. In follow-up communications, she indicated that the
NCC would develop a more formal position statement. Toward that end, staff has requested the
NCC's input on the following to help inform the Planning Commission's process:
1. What are the specific problems with the existing policy (for neighborhoods)?
- Lack of conformity to neighborhood design standards?
- Oversized homes?
- Other issues?
2. What impacts do remodels of nonconforming houses have on neighbors?
3. What code change precisely does the Committee recommend (50%, 80%, other)?
4. How did the Neighborhood Chairs Committee arrive at its recommendation? Please
provide meeting minutes or other documentation of the Committee's decision process.
5. Who are the voting members of the Neighborhood Chairs Committee?
CONCLUSION
Assuming the City receives further input from the HBA and NCC by September 12, the
Commission should provide input to staff on the scope of any code amendments and whether
you believe the City is ready to begin the notification process for a public hearing.
If a public hearing is scheduled, the earliest this would come before the Planning Commission is
December 12 due to the Commission's workload and legal notification requirements. Hearing
notices would be mailed to all owners of residentially zoned lots in October.
ATTACHMENTS
A. Staff Memo on Nonconforming Development Standards, June 27, 2022 (link only)
https://www.ci.oswego.or.us/WebLink/DocView.aspx?id=2071370&dbid=0&repo=Ci
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503.675.3984 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us