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HomeMy WebLinkAboutAgenda Packet - 1989-07-05 1 AGENDA • CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD ,1 City Council Chambers, 380 "A" Avenue r Wednesday, July 5, 1989 7:30 I. CALL TO ORDER 1 II. ROLL CALL III. APPROVAL OF MINUTES I April 17, 1989 May 1, 1989 1 May 15, 1989 IV. PETITIONS AND COMMUNICATIONS V. PUBLIC HEARINGS PD 6-89/VAR 14-89/SD 25-89, a request by Nick Bunick Custom Homes, Inc. for approval to develop a 197-lot single family residential subdivision. The applicant is also requesting approval of a minor land partition of Tax Lot 100 into 2 parcels, and a variance to LOC 48.020(1) for 6 lots. The site is 'Located south of Melrose and west of Fosberg Road (Tax Lot 100 [portion) of Tax Map 2 lE 6). Continued from June 15, • 1989. DR 10-89/PD 14-89, a request by Dominion Development for approval' to develop 360 multi-family apartments. The site is .I located at the north side of Kruse Way, west of Carman Drive, within Westlake (Tax Lot 100 [portion) of Tax Map 2 lE 6). Continued from June 5, 1989. PD 5-89, a request by Heritage Development Co. for approval to f create a 48-lot single family residential planned development i with several modifications to the R-5 setback requirements. The site is located north of the Carman Drive/Daniel Way °i intersection and south of Orchard Way (Tax Lot 1100 of Tax Map 2 lE 5 Index and C). Continued from June 19, 1989, * VAR 19-89, a request by Robert Evenson for approval of a Class II variance to the Wetland Standard to allow construction of a single family residence. The site is located in the center of I Lake Garden Court (Tax Lot 1000 of Tax Map 2 lE 3CC). •I, VAR 22-89(a-b), a request by John and Sandi Hanna for approval ; _d of two variances, as follows: . ' a. Approval of a Class 2 variance to the restrictions placed '"" •1 on nonconforming structures which do not allow for any increase in the nonconformity of said structures [LOC 48.700(2) (b)1; and ;. I • b. Approval of a 25 foot Class 2 variance to the required 25 foot rear yard setback in an R-7.5 residential zone [LOC 48.215(1)]. The applicants propose to remodel and enlarge the existing dwelling and garage on the site. The site is located on the west side of 5th Street, between "D" and "E" Avenues (Tax Lots 8100 and 8200 of Tax Map 2 lE 3DB). PD 15-89 SD 28-89(1_,A equest by NTL Enterprises, Inc. for approval of a • , • •=d development. The applicant is also requea:I 40''• of a lot line adjustment to move the line be -- ' _ 400 and 500 and Tax Lot 501. Finally, the • ,le,. . requesting approval for a variance to the lot t dept, ''' 0 -ment of the Zoning Code. The site is located 1 west • aus and south of Country Commons (Tax Lots 400 and 500 of Tax Map 2 1E 4BD). te'' VI. GENERAL PLANNING VII. OTHER BUSINESS - Findings, Conclusions and Order DR 13-89 - Dick Loftin • . VAR 18-89(a-d) - Larry A. Mentrum DR 12-89 - Odd Fellows Hall VIII. ADJOURNMENT ' f . • • The Lake Oswego Development Review Board welcomes your interest in these agenda items. Feel free to come and go as you please. y DRB Members: Staff: Robert D. Greaves, Chair Karen Scott, Assist. City Manager, E. Daniel Ingrim, V-Chair Planning and Development. • James A. Miller Robert Galante, Senior Planner Robert H. Foster Hamid Pishvaie, Dev. Review Planner 1. '.. Elaine Sybrowsky Lynn Bailey, Associate Planner . ' Harry N. Starr Michael R. Wheeler, Associate Planner .. ?•, ry :' Sandra Korbelik, Senior Planner r Jane Heisler, Associate Planner �'a>, ' 1° Cindy Phillips, Deputy City Attorney "' Joyce Faltus, Secretary . #A , Y f STAFF REPORT ai CI T Y OF LAKE OSWEGO --"'..-''LAND DEVELOPMENT SERVICES DIVISION APPLICANT: 4 FILE NO. : Robert Evenson VAR 19-89 PROPERTY OWNER: STAFF: r;; . Robert Evenson Lynn D. Bailey LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 1000 of June 23, 1989 " 1 Tax Map 2 lE 3CC LOCATION: DATE OF HEARING:i• The site is in the center July 5, 1989 of Lake Garden Court COMP. PLAN DESIGNATION: ZONING DESIGNATION: R-10 . R-10 (.APPLICANT'S REQUEST ;;;• The applicant is requesting approval of a Class II variance to the Wetland Standard [DS 4.020(1) and (2.a.)). to construct a single family home. II. APPLICABLE CRITERIA � ,•': A. City of Lake Oswego Zoning Code: 4 . LOC 48.195-48.225 R-10 Zone Description LOC 48.530 Vision Clearance B. City of Lake Oswego Development Code: LOC ,49.090 • Applicability of Development Standards ' LOC 49.300-49.320 Major Development Procedures LOC 49.500-49.510 Variances LOC 49.615 Criteria for Approval 0 VAR 19-89 r. Page 1 of 19 ' ti Y • ) C. City of Lake Oswego Development Standards: . 4.005 - 4.040 Wetlands ' .7.005 - 7.040 Parking and Loading 9.005 - 9.040 Landscaping, Screening and Buffering 10.005 - 10.040 Fence 12.005 - 12.040 Drainage for Minor Development 13.005 - 13.040 Weak Foundation Soils 14.005 - 14.040 Utility 18.005 - 18.040 Access D. City of Lake Oswego Comprehensive Plan: o Growth Management Policy Element Impact Management Policies - General Policies I and II , o Community Resource Policy Element Natural Resource Policy Element Wildlife Habitat Policies - General Policy II • S, Distinctive Natural Area Policies - General Policies I, II and III Weak Foundation Soils Policies - General Policy IV Water Resource Policies - General Policies I and II Social Resource Policy Element Social Resources Policies - General Policy I o Land Use Activities Policy Element " Residential Density Policies - General Policy I Residential Site Design Policies - General Policies II and V { o Open Space Land Use Policy Element Protection Open Space Policies 6, - General Policies I and II :':� ,N ., d',. VAR 19-89 " i Page 2 of 19 • ;t. � ,y,, � • ` ,tom „,' '� .. .i�. • III. FINDINGS A. Background: 1. The site a.o .62 acres (27,007 square feet) . 2. The site contains a pond with an island in the center (Exhibit 1) . 3. The pond is designated as a Distinctive Natural Area in the Comprehensive Plan. • 4. The site was platted as Lot 13 in the Lake Garden plat. 5. Lake Garden was platted in 1959 and contained 12 lots around a loop drive (Lake Garden Court) with a 13th lot inside the street loop. 6. In 1976, Lot 13 was sold by the County Tax Assessor for delinquent taxes. In 1978, a w' building permit was applied for and obtained to construct a residential dwelling on pilings over the water on Lot 13. Upon learning of this building permit, the neighbors initiated legal proceedings to prevent the construction of this residence. The neighbors argued this site was a public park and that the use of the site was restricted to use for City park purposes. 7. In 1981, the court found the application for a building permit was in proper form and met all legal requirements. Additionally, Lot 13 was determined to be free and clear of any claim that it is a City park or that the use of Lot i 13 is in any way restricted to use for City park purposes. The court ordered the City to issue a building permit for Lot 13 (Exhibit 2l) . 8. The original building permit was not pursued • " > T, after the court ruling and has expired. ,, • ,' 9. In 1981, requirements regulating development within wetland areas were adopted (Wetland Standard, Development Ordinance and ) ,i Standards) . 10. In 1988, the applicant applied for a variance to the Wetland Standard in order to place a VAR 19-89 Page 3 of 19 yII house on the site. The request was "denied without prejudice" by the Board (Exhibit 4) . 11. The applicant has provided additional evidence (Exhibits 5-8 and 10-15) to support the originally denied application and has ;, resubmitted the variance request to place a residence on the site. B. Compliance with Applicable Criteria: LOC 49.090 - Applicability of Development Standards The development is subject to the development standards. The applicable standards are outlined '',4 and addressed further on in this report. LOC 49.300 - Major Development Procedures ' ' The proposed variance is appropriately being ',;.. processed as a major development. The applicant attended pre-application conferences and submitted the information required by these standards. Notice to surrounding property owners and affected jurisdictions was correctly provided. This report was available ten days prior to the scheduled public hearing. LOC 49.5000 - Variances ;, , The applicant's narrative for justification : f the proposed variance is evidenced in Exhibit 6. -- A variance may be granted from the requirements of LOC 49.500 if it is established that: (a) The request is necessary to prevent unnecessary hardship. 1 The majority of Tax Lot 1000 contains a pond . that has been designated a distinctive ` ` ' • natural area and essential wetland. The. wetland occup.es a majority of the site. The I background section of this report has noted the lot was previously determined by the court to be a legal lot. Due to the extent of the wetland, placement of a residence ' . cannot physically be accomplished without encroachment into the wetland. ' .''' ::.. . VAR 19-89 Page 4 of 19 6 • The lot is located within a residential zone with developed single family residentizl lots. Without approval of the variance, a reasonable use (a single family residence) cannot occur on the property. The applicant purchased the property after the court found it was a legal lot and not a City park. The applicant addressed the economic impact issue as a part of his applica tion (E xhibit 7) . Not allowing construction of a single family residence would result in an economic hardship due to • the time and expense invested by the applicant. (b) Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request. • • Tax Lot 1000 has remained in its natural • state since the subdivision was platted in 1959. It is reasonable to conclude that any development of the site will visually alter its appearance. The applicant has stated the • proposed residence will be approximately 2,500 square feet on two levels, and 3s similar in size to other residences in the ; area (refer to Exhibit 8) . The proposed location of the residence is as ' far east as possible in order to minimize impact to the wetland while complying with • required setbacks. In addition, the , • landscape plan provides measures which should improve the habitat and food source values of the wetland. Neighborhood residents will r • have the same opportunity to walk the perimeter of the site and enjoy it after a residence is constructed. It is likely that, 44. upon implementation of the proposed landscape .. plan, the wetland will he more visually ;. appealing (less congested vegetation, more diversity) than it presently is. "a The associated noise and traffic generated by the proposed use will be no greater than that commonly associated with a single family use. VAR 19-89 Page 5 of 19 fig ,•-�+ Notice to surrounding owners and renters has been provided according to Code provisions. Two written objections were received prior to , the writing of this report (see Exhibits 22 and 23) . Those letters state that a house would be detrimental to the preservation of the pond for wildlife, and for nearby residents who enjoy it as an open space t tract. (c) The request is the minimum variance necessary to make reasonable use of the property. The request is a variance to the Wetland Standard to allow placement of a dwelling in .4 . ' a wetland. Since only one residence is . proposed and acreage could potentially allow two, this is the minimum variance necessary to allow reasonable use of the R-10 property, while enhancing and preserving the wetland. No setback or lot coverage variances are i:• proposed or necessary to accommodate a residence. Without the variance to the , , Wetland Standard, reasonable residential use of the property would be prevented. The applicant has listed the sizes of other .;., residences in the area (Exhibit 8) to support a finding that the proposed 2,980 sq. ft. house is reasonable use of the property. e (d) The request is not in conflict with the •.• Comprehensive Plan. The variance request is not in conflict with the Comprehensive Plan because the site is not public open space and because the 4, • J; applicant intends to enhance the habitat values of the wetland by providing increased • food sources and nc. ting areas for wildlife. The specific applicable Plan policies applicable to this request are outlined and ' • addressed later in this report. LOC 49.615 - Criteria for Approval , 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has borne the burden of proof Y ;+. through submittal of documents (marked as - �',.; exhibits) accompanying this report. VAR 19-89 pane 6 of 19 ^ i• • ' P ° - Y 2. In order for an application to be approved, it shall first be established that the proposal conforms to: . , . a. The City's Comprehensive Plan; The applicant has submitted Exhibit 10 to address and comply with the applicable policies outlined below. o Growth Management Policy Element - Impact Management Policies These policies require the City to protect natural resources from adverse impacts of • development, within reasonable cost limitations. These policies also require the City to evaluate development proposals for their impacts on the community, requiring the developer to provide appropriate solutions " before approval is granted. The site is designated as a "Distinctive Natural Area" in the Comprehensive Plan. The applicant has provided evidence that construction of the residence can have a beneficial .npAct to the wetland because the proposed landscape plan will provide for an improved habitat (more ' food source, clearer water, better nesting area protection and barrier plantings around the perimeter) . In this case, it is more reasonable to require the plantings as an �� expense for the developer, than to prohibit development in order to protect the resource. o Natural Resource Policy Element - Wildlife Habitat Policies ` These policies encourage the preservation of wildlife habitat. Specifically, wetlands are 7. to be preserved. Through implementation of the landscape plan, the applicant is proposing preservation and enhancement of the wetland values on the site. The proposed plan will mitigate any potential loss in ‘,:: wetland value or function for wildlife habitat. , a - - Distinctive Natural Area Policies 'b The pond is designated as a Distinctive •� Natural Area in the Comprehensive Plan. ' q " • VAR 19-99 Page 7 of 19 l j{. I , J ...r i These policies require preservation of these areas. The applicant is proposing to enhance and preserve the natural wildlife values of ., the site by siting the residence as far east as possible and through implementation of a landscape and pond maintenance plan. The • site, although designated as a Distinctive Natural Area, is not designated as part of the Planned City Open Space System, as described in the Comprehensive Plan (p. 131) . ' t - Weak Foundation Soils Policies These policies require applicants for building permits in areas so designated, to demonstrate how foundations will be • engineered to prevent structural damage. The , s applicant did not address this requirement, which will be discussed further under V DS 13.005-13.040. n• . - Water Resource Policies ,„ These policies require preservation of ` natural groundwater levels and enforcement of standards to prevent water damage to public and private property. The site was 4i' originally constructed as part of the areals storm drainage system and has evolved into a wetland habitat. Since the proposed residence is to be constructed on piles, no fill (which would alter the water holding • capacity of the pond) will occur. The applicant also proposes to construct a backflow prevention system to the existing storm drain line into the site in order to improve its water holding capacity. Drainage requirements are addressed more specifically further on in this report under DS 11.005- 11.040. o Social Resource Policy Element i, •:�. - Social Resources Policies These policies require development and protection of features valuable to community identity and preservation of natural and aesthetic qualities which are the pride of residents. Records from previous actions show that nearby residents take pride in the existing wetland, but previous court cases VAR 19-89 Page 8 of 19 ' - suggest that the site is buildable (Exhibit ' 21) . The aspects of the site which the neighboring residents value are the wildlife and natural vegetation. The applicant has aw.'. proposed that these be enhanced and preserved through implementation of the proposed . landscape plan. o Residential Land Use Policy Element - Residential Density Policies These policies require that residential density be appropriately related to site conditions and surrounding land uses. The site is greater than twice the size of the minimum lot area allowed in the R-10 zone. a. Only one residence is proposed and segregation of another lot, though possible, is not proposed. The applicant is therefore proposing less density than that technically allowed for the site. The proposed residence "• is sized to be similar to the surrounding existing residences (Exhibit 8) . ; - Residential Site Design Policies These policies require use of a well-defined method for evaluating site and building • ' design which specifies standards, criteria , . and review process. This request is being reviewed Os mandated in the adopted Zoning Ordinance and Development Code, which requires a specific method and review of 1 . specific standards. The applicable �� ' development standards are addressed throughout the remainder of this report. r These policies also require innovation in ' residential building types and site planning. By proposing to construct the residence on piles instead of fill, and by design and .• t implementation of a wetland mitigation plan which was reviewed and supported by vegetation and wildlife professionals, the applicant has complied with these policies. , :,. VAR 19-89 Page 9 of 19 µJ • 1 / a • • l o Open Space Land Use Policy Element - Public Open Space Policies These policies require the City to develop a Public Open Space Plan including an intra- • City pathway system to connect open space areas. The wetland on the site, although designated in the Comprehensive Plan as a +'` • 11. '• i Distinctive Natural Area, is not designated for acquisition as Public Open Space (p. 131) . It does not abut other open space and, therefore, is not designated in the conceptual intra-City pathway system map (p. 135) • b. The applicable statutory and Code requirements and regulations. Zoning Code Requirements and Analysis The minimum lot area per dwelling unit in the R-10 zone is 10,000 square feet. The site is approximately 27,007 square feet and, therefore, exceeds the minimum standard. The • proposed residence complies with the required setbacks (20 feet, front; 5 feet, sides; 25 feet, rear) except for the front. The front yard varies from 18 to 20 feet. Adequate • room exists to shift the building south to meet the 20 foot requirement at all points, from the building line to the right-of-way; therefore, a setback variance is not necessary. Prior to issuing a building permit for the site, a revised plan which provides 20 feet of setback to the front building line will be required. The footprint of the proposed house is approximately 2,294 square feet. Since the lot is over 27,000 square feet in area, the maximum 30% lot coverage will not be exceeded. Development Ordinance Requirements and Analysis � ., The requirements of the Development Ordinance ' relating to applicability, process and the • VAR 19-89 Page 10 of 19 r { variance criteria were addressed previously —\ in this report. The applicable development • standards are listed on page 2 of this report and are addressed further on in this report. ti \. Solar Access Ordinance Requirements and Analysis Pursuant to LOC 57.015 (applicability) , the ' applicant's request is exempt from the ' Ordinance requirements because new lots are not being created. Tree Cutting Ordinance Requirements and + . Analysis .' . This ordinance requires the City to review . y •' and grant permits for the cutting of trees. The applicant is proposing to cut two of the existing trees with this request. This is necessary to construct the riveway. To � ensure that the future removal of trees from the site is appropriately reviewed, continued compliance (i.e., a permit) will be required. c. The applicable development standards. Wetlands (4.005-4.020) ' As stated previously in this report, the site is designated as a Distinctive Natural Area / • ,i which, pursuant to LOC 4.035(1) , causes the site to also be defined as an Essential Wetland. 4.020 - Standards for Approval , +t• 1. Development within essential wetlands shall be allowed only to the extent that it preserves and is compatible with the '• � functions of wetlands as listed in . , , 4.035(1). Such development includes, but . , is not limited to: a. Conservation of soil, vegetation, !, water, fish, and wildlife; b. Outdoor recreation including hiking, nature study, camping and swimming; c. Walkways, docks, etc., built on ' % piers; and, •yi/ VAR 19-89 4, J • 4 Page 11 of 19 ' 1 '.I 1 o • ,. - 4 • ‘, d. Uses associated with adjacent development, including yards, play areas. The wetland was originally designed for j storage of runoff, but is a man-made (as opposed to a natural) storage basin. The applicant has requested a variance to this { standard in order to construct a residence. The proposed development within the wetland • is twofold; one single family residence and enhancement of the wetland through ..�,. :i implementation of a landscape plan, which will provide increased food sources and nesting area. 2. Any development is allowed in essential wetlands only after the permit granting ; ,. r : i authority concludes that all of the following criteria are met: • a. The proposed development is primarily • dependent o being located in, or in l close proximity to, the essential , I wetland; r I k A residence is not dependent upon being located within a wetland. The applicant has requested a variance to this section of the standard. In the sense that the entire site is a wetland, any residence constructed on the site will need to be located within the wetland (see Section "b" below) . b. There are no feasible alternative sites available outside the essential , wetland; Since the entire site is designated as essential wetland, the residence cannot be located on this site outside the wetland area. c. The applicant has provided sufficient i information to demonstrate the need • to locate the proposed development in the essential wetland, and the lack • of feasible alternative sites; Y . , VAR 19-89 r Page 12 o f 19 �` µ o • .:, • , .• , ••, r. , . •-4 , • . •. , ,., , 1 .,•1 Caz.-4,141, 1, ‘ i!.scielalg the variance criteria t ,'" riVieN.,4.4 11ADef.VA 44, 41 ' , C.cm-L''.7.strate a hardship T(...,A An NiWN.Itiktiselk4 1)1'410 1 ( 0 ', the applicant has ,..., , kWiit t...t. i.A.4A,• ,',..,1 t ,,a,eeorl Oil , .41-"i' ''fIlk•Xiil' ' rer, 4r,,,•,P ,- - v cm=etrated compliance with •„, .„,,,,vot,,s,,„,'' • "._reN. ; 11',N• '0.r.J. Although it can be argued ,c414,M;F4,;, ,/41,ww,c, ..,* i-lve sites outside of this '• i , : ' N.„(4- 4 , ,..060/4„:- tf.-- .14 cicud be purchased and • t single a si family residence, • 417; 46k - V 8- 'r.s tas sufficiently r: e..:.i that he has significant time i oted in this site which a feasible alternative. development would not Ailf1110jcmtly damage, reduce or , • ' the essential wetland;t and, 6),:iur ;'''• ,:e.eiift 4ticiWt o,ge,--,- 4 A) '(r( N :( .',.0.(4,0•41, ItAirel.k. (' ' ( ::, !'...,...'s:'.on activity during a:11 eventual habitation of 0 .: -'44t -, Lcsidence may temporarily disturb the wetland, the IV - HIO rvovided evidence that the . ‘, _...,..J-apt 0 should improve the ,..te. wetland (Exhibits 11-20) . . .; ,,.,:,;,•,•:ii,,,V4;,s.' • .::.... tO proposing to use a ..r; ,';'• :,,A,;„4• pA, c„Oe;l. pile foundation. In ', 5!„:itP,t,' ..,1,3,r o ti:x1 apoXlcant states the piles ,-' ,0.044" C" to a cat of about 20-30 feet ,,04.V ..., °44V ' Liz,e',".1claf Ittilbk-mounted crane. ,.' 4t,-1. -;.,,, ;--..",r,r.,,,,,,• ,,,,,,,,.. _ , i• 4., . .,1- 0,,, ve, !in cq th04,/came will be able to -dp , " ovetAhe por- to a distance ;-...-O T c :•;,! i.:,,,o toPIOVN "°''''' , , orving it I. Ave all of ;,,,,„1:-;4•1 .t;.1' ' V q 3,•,1,44-r,, c7 piles withow. asturbing ,- -..2. , =tat island, or bottom of the 1 1, 07,1 b ,••; ,..,. , •„v., - q 40 0 letter from the Division 0-le confirming that a state . F,Ormit is not required (less yards are affected) . 0 a letter from the A,•,,I (f, the Army stating the Lake wetland is not within rile U.O." and, therefore, a required. t duo to human activities, ' 1 !t,nt caused by the existing q. ;,oes now surrounding the , -," .--.,,'11.1, • . ,,!..,24,k„1:4. , 4•,.; Hi °N-),,, ,; • - ° VAR 19-89 Page 13 Of 19 1 , '1.4 c -N11.01,!.4108 1;,:t'•:LeFi,..P.A-44,- • . .-'1',.:!0 41 ...' . • _ • . ., , wetland, are proposed to be mitigated • through the imposition of special • conditions of approval. Conditions - . • recommended by staff will include F • recording of a conservation easement, prohibition of pny future partitioning or development, and human access restrictions. • e. The applicant has demonstrated that the design and construction of the proposed development provides for protection and " enhancement of the essential wetland to the maximum practical extent. The applicant has proposed an innovative design and intends to build the residence on piles in order to protect and preserve the wetland as much as possible. As stated earlier, the method of installing • the piles allows their placement from the side and above the wetland. Fill of the wetland is not proposed or necessary. The design of the house will not be conducive to access into the wetland • because gates in the railings around the • • deck are not proposed. In addition, most of the depk area is proposed for the east side of the house, away from the bulk of the wetland. To ensure protection of the enhanced wetland once the residence is constructed, conditions will be placed so that it is clear that human or domestic • animal access is prohibited. As found previously in this report, the applicant's development plans include a landscape plan which was designed to provide better water quality, more food sources, and more nesting habitat. These measures demonstrate that the resource will be enhanced and protected to the maximum practical extent. 3. The development shall provide for the survival and quality of essential wetland areas through careful site design, including density transfer. The design • shall incorporate wetland features (ponds, streams, vegetation). The applicant has provided evidence that the proposed development will provide for VAR 19-89 Page l.4 of 19 n • -- ,. _.__ *-w ,mi Pte.-a.t -.4.. - • t• • • the survival and increased quality of the ' \ , wetland (Exhibits 3, 5 and 11-17) . Density transfer is not applicable to the • request. The design incorporates the wetland features of the site. Parking and Loading (7.005-7.040) This section requires single family residences to provide two off-street parking spaces in addition to the garage. The site plan (Exhibit 1) illustrates this will be met. Landscaping, Screening and Buffering (9.005- • 9.040) This section requires all development abutting streets to provide street trees at the proper spacing for the species. A total of eight street trees, including existing trees, are proposed and will result in compliance with this standard. Fences (10.005-10.040) An existing fence surrounds the property and will remain. No alteration has been requested. Drainage for Minor Development (12.005- 12.040) • Roof drains will be allowed to outfall into the wetlands. Compliance with this standard is reviewed during building permit review. The site was originally constructed as part of a storm drainage retention system. In order to keep water levels in the pond more stable, the applicant is proposing to construct a siphon extension with backflow prevention onto the existing siphon vault at the east end of the site in Lake Garden Court right-of-way. This proposal should be • presented in plans prepared by a registered engineer. The plans are subject to approval by the City Engineer and are to be reviewed during the building permit process. The applicant will be required to execute maintenance easements and/or Waivers of VAR 19-89 Page 15 of 19 1 1 fi , nonremonstrance for future improvements as determined to be necessary by the City ; Engineer. Weak Foundation Soils (13.005-13.040) • According to the Potential for Weak Foundation Soils map in the Comprehensive Plan, the site potentially contains such soil and is therefore subject to this standard. Pursuant to DS 13.035(1) , the applicant is , responsible for confirming whether or not the , soils in the proposed building site are actually Weak Foundation Soils. To meet this standard, at the time a building permit is requested, the applicant will be required to submit a report prepared by a registered soils engineer or engineering geologist. Modifications in the proposed design or engineering may be required, based on the recommendations, if any, made in that report. Utilities (14.005-14.040) There is an existing 6" sanitary sewer line and a 6" water line within Lake Garden Court. Both lines are of sufficient size to service the proposed residence, Access (18.005-18.040) The proposed driveway is in compliance with the requirements set forth in this section. . D. Conclusion Based upon the findings made in this report and the material in the case file, staff concludes that the request meets the applicable criteria set • forth in the Zoning Ordinance, Development Standards and Comprehensive Plan, subject to the imposition of conditions to assure the continued viability of the existing wetlands on the site. III. RECOMMENDATION Staff recommends that the applicantss request for a Class II variance to the Wetland Standard be approved, subject to the following conditions: Vc\n 19-89 Page 16 of 19 i • h J y' • • 1. That prior to issuance of a building permit, the • applicant shall: , r A. Submit drainage plans, prepared by a registered engineer, for the siphon extension with backflow prevention proposed for the existing siphon vault at the east side of the to site. B. Demonstrate, through submittal of a report prepared by a registered soils engineer or engineering geologist, how the foundation • piles damagewill be due to theineed to weak soils revent potential. structural potential C. Adhere to any recommendations made by the professionals who prepare the plans and reports described in Conditions A and B above. D. Sign and record any easements or as required rs byf nonremonstrance for drainage, f y the City Engineer's approval of plans pursuant to Conditions A and B above. E. Provide details of the proposed decking and accessnce to andch from thee evidence residence isat frome only the 4 driveway. ' F. Submit a work schedule which assures that construction and landscape planting activities . will minimize the impact on wlife, especially during resting periods. G. Submit a photographic record of the existing wetland. h • H. minimuma20e foot dsetback site lto all an cpo points s Submit of the garage entry. 2. Prior to occupancy of the residence, the applicant shall execute a nature conservation easement over the wetland area, excluding the building envelope. 3. No herbicides shall be used in implementing the landscape plan. Manual methods only, or methods approved and supervised by a qualified environmental consultant, shall be used for cleaning, installation and initial maintenance. k.�� VAR 19-89 Page 17 of 19 l I • 4. The existing chain link fence or similar fencing around the wetland shall be maintained to restrict access to the wetland area and to protect wildlife from intrusions. • 5. Outside lighting, such as house and/or flood lighting, shall be restricted to minimize artificial lighting of the wetland area. No • exterior lighting is recommended for the west side of the house. 6. The site shall be maintained in conformance with 1 plans submitted as part of VAR 19-89. { 7. There shall be no future partitioning of the site. • ' I VAR 19-89 Page 18 of 19 Exhibits 1. Tax Map 2. Utility Plan 3. Floor and Landscaping Plan 4. VAR 29-88 Findings, Conclusions and Order 5. Applicant's Letter to Development Review Board, dated • April 8, 1989 • 6. Applicant's Narrative Addressing Variance Criteria and Development Within Wetlands Criteria . 7. Applicant's Narrative, "Evidence of Economic Impact" 8. Applicant's Comparison to Surrounding Uses 9. Letter from Property Broker to Applicant 10. Applicant's Narrative for Comprehensive Plan Policies 11. Letter from Landscape Architect to Applicant 12. Letter from 2nd Landscape Architect to Applicant 13. Letter from 3rd Landscape Architect to City Staff 14. Letter from Landscape Gardener to Applicant 15. Letter from Wetland Ecologist to City Staff 16. Letter, dated June 15, 1988, from Wetland Ecologist to Applicant 17. Letter, dated June 30, 1988, from Wetland Ecologist to Applicant 18. Letter from Copeland Industries to Applicant 19. Letter from Division of State Lands to Applicant • • 20. Letter from Army Corps of Engineers to Applicant ' 21. Judgement and Order No. 80-11-115 Granting Building Rights 22. Letter of Oppositon from Lawrence and Mary Cooksey, dated June 19, 1989 ' ' 23. Letter, of Opposition from David Blessing, dated June 9, 1989 24. Vegetation Inventory (Corresponds to Exhibit 29) 25, Soils Information 26. Letter from the Assistant City Manager to the Clackamas County Chief Appraiser, dated October 4, 1988 27. Letter from the Department of Fish and Wildlife dated January 9, 1989 28. Off-site Analysis and Aerial Photo 29. Location of Existing Vegetation (Corresponds to Exhibit 24) VAR 19-89 Page 19 of 19 + THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ASSUMES MO LIABILITY FOR ANY VARIATIONS AS MAY SE DISCLOSED IV ACTUAL SURVEY ' rGR i,P44e.:‘ First American Title Insurance Company of Oregon • . •�/��. AA llII •/1Y1.IN/1/I,wo&TIM INSUIIANCI COYRANn O.O0100N. —I— • c • n ^ � �,, ORDER NO. Y 4:3 9/ . SUBDIVISION )_U..IQQ.� qW d12 L) MAP p9-1t - .31 r J •J"/UO ' • I• . ,.4 i.. 200 0 • ,/ ° '• > ./ d CO •. •r'', °° •�L E 300 c •.` : , •. ,• Q e' `ns>NV� G�t{ '• 7 •' • •• - ° .;$ !A• 'r. • ' ' COURT •"." '" • -�yy ,e •-•.,,,m•. c-, •••:.- ,xt \° ----0 2 ° 1 p 4 1290.I'IwOf I•'Iwri = 4'�i• ! • I'I• IZA I Mer tt,ir. i A:,(A 4• ,,�• ;�� �•1500 1400 ,•t 4/ „ "� ',Id ..4; 0 i034Ac. i;0,21Ac •/ 4. 13 w 0.54Ac 1. , i,t • 1•' u•1•i II J•� , .4.7 02°. 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'.'i'‘• ,. , - 44- '-- ' *iln't -1 i $: 0 lit 11C iV I 1) c 41 '0*t7'.- • : .110%. tl'il I iil. li 144415.. 1.*J.t.... 'Pk,. • ..... .. . 1! '4‘4%1K.J., , 1 C • '('4404q1c - •I 1' 10 I j 4 I '- ...4: Ali i'1'1 I 1 IA 1 ' ••••••' ' t ..,,a rt, ' 1 1 BEFORE THE DEVELOPMENT REVIEW BOARD OF THE 2 CITY OF LAKE OSWEGO 3 5 A REQUEST FOR APPROVAL OF ) 6 A CLASS II VARIANCE TO•THE) VAR 29-88-600 WETLAND STANDARD TO ) (Robert Evenson) 7 CONSTRUCT A SINGLE FAMILY ) FINDINGS, CONCLUSIONS & ORDER 8 HOME 9• 10 NATURE OF APPLICATION �° • 11 of a Class II variance to 12 The applicant is requesting approval 13 the Wetland Standard to construct a single family home. The 14 site is an island located in the center of Lake Garden Court 15 (Tax Lot 1000 of•Tax Map 2 lE 3CC) . 16 17 HEARINGS 18 The Development Review Board held a public hearing and considered this application at its meeting of August 15, 1988 19 20 and September 7, 1988. • 21 CRITERIA AND STANDARDS 22 A. City of Lake Oswego Zoning Code: 23 24 LOC 48.195-48.225 R-10 Zone Description 25 B. City of Lake Oswego Development Code: 26 27 LOC 49.300-49.320 Major Development Procedures 28 LOC 49.615 Criteria for Approval 39 C. city of Lake Oswego Development Standards: 30 31 4.005 - 4.040 Wetlands • 7.005 - 7.040 Parking and Loading 32 10.005 - 10.040 Fence 33 11.005 - 11.040 Drainage for Major Development ` 34 14.005 - 14.040 Utilities PAGE 1 VAR 29-88 ; 4 1 D. City of Lake Oswego COmprehen9ive Plan: .tea 1 2 3 Natural Resource Policy Element 4 - Distinctive Natural Area Policies 5 (pages 32-35) 6 - Wildlife Habitat Policies (page 31) 7 - Water Resource Policies (pages 48-52) 8 o Wetlands 9 - Protection Open Space (page 129) , 10 • . 11 CONCLUSION 12 The Development Review Board concludes that VAR 29-88 does 13 not comply with all applicable criteria. 14 . 15 FINDINGS AND REASONS 16 The Development Review Board incorporates the August 5, 17 1988 staff report on VAR 29-88'.as support for its • .18 decision, supplemented by the following: 19 August 5, 1988 Development Review Board meeting: 20 The Board heard testimony from residents Concerning 21 the impact of the house on the wetlands. Their 22 concerns focused on the following issues: 23 o The wetland area provides the opportunity for 24 children to feed ,the ducks. 25 o Once the developer builds the residence there will 26 be no control over what the hew owner will do to 27 the property and to the ability of others to visit 28 the site and feed the ducks. 39 o Construction of residence could destroy natural 30 area. During deliberations, the Board discussed 31 the proposal in terms of balancing the preservation • 32 of open space versus developing the lot. Some of 33 the Board members did not believe there was 34 sufficient justification provided to grant the . variance. Other'Board members belieVad the 4W PAGE 2 VAR 29-88 i 1 _ \ j , \ . 1 Y Y,• 1 i^� 2 criteria had been established and the essential • 3 character of the wetlands would remain. Citing the 4 duty to uphold the Wetland Standard, and that the 5 variance criteria had not been adequately / , , 6 justified, a motion for denial of VAR 29-88 was 7 made and seconded. The motion failed with a 2-2 .8 vote. After discussion, a motion to table the • 9 matter until the September 7, 1988 meeting was made 10 and seconded. The purpose of the tabling was to 11 allow other Board members the opportunity to ' 12 familiarize themselves with the record to enable , .an 13 them to participate in the September 7, 1988 14 deliberations. The motion carried 3-1. 15 September 7, 1988 Development Review Board meeting: 16 The Board did not open the hearing for public , 17 testimony. During deliberations, the Board discussed: 18 o The reasoning behind the condition that there be no 19 permanent access to the island. Staff explained 20 • that after walking the site with staff from Clackamas County, it was de';Yded the property 21 should be left as natural as possible, with no 22 trimming, and that maintenance was not needed. The 23 island provides significant habitat value for a 24 number of wildlife. 25 1. o That the site meets the definition of wetlands. . 26 The Board questioned why this property was 27 considered a wetland. Staff responded that the 28 site met the definition identified in the City's 39 Wetland Standard. Therefore, development of the . 30 site must be in conformance with the Wetland • 31 Standard or a variance to the standard must be 32 requested and granted. 33 o The Board stated the applicant had not provided 34 evidence of any economic impact if the variance was denied. While the applicant did not create the PAGE 3 VAR 29-88 P . 7 • ` 1 • 2 hardship, he did know of the risks involved with 3 development of this site and could have purchased a 4 lot elsewhere. 5 o That the applicant has not met the burden of proof 6 regarding the criteria necessary for applying for a 7 variance to the Wetland Standard. 8 o The Board determined that based on Exhibit 10 and 9. the lack of evidence to support the variance • 10 request, it should uphold the Lake Oswego Policies 11 regarding the Wetland Standard. The applicant has 12 not provided sufficient ecological data to refute 13 the Department of Fish and Wildlifels statement 14 that the wildlife could potentially drop • 15 dramatically. • • 16 o The Board found that since no expert presented 17 information regarding the ecological impact, there 18 was insufficient evidence•to approve the 19 application. Without sufficient evidence to . 20 satisfy the variance criteria, the Board cannot 21 approve the variance to the Wetland Standard. 22 23 ORDER , . 24 25 IT IS ORDERED BY THE DEVELOPMENT REVIEW BOARD of the City 26 of Lake Oswego that VAR 29-88 is denied without prejudice. 27 • 28 39 30 31 32 33 34 PAGE 4 VAR 29-88 I; .4 r '1 f h1 a 1--Y t • ` I` �: 4+_ \ • 4,itw FYI 1111 \I I \14V` \T�' ♦n. - \� 4 S,} ,t\ f • It • D • ( - ''4;' _S+sr;P4' n yr i t 4. :f ,', r9,� y:w F;?. >, ,:r ` t;'.I $•,,'„s•▪ •••�-. ; : 'Y 'C 3u presented to arid APPROVED by ' v. �" ` ' f'S1'* x1?41" a'', ' 4c— Lor d of the City of Lake Oswego. � /1 y✓�Y�- jl hN +# 'r'°�' ✓t T t� C'L� d►'� '"'�'�auto w _ .. t 1.9 j_ . '�114�. '-Luv r -^( 1 wt '• i r�o.?l I1�'; { ✓1 a.. � H 1� Ir 4 ,,. • A'ur ��at': 'I�al; ma hG till '3 rs„�R " 't `tr.. , r', r'' ' . ,~ A illr-r C airman 1 , r-'K • •eve, •p n Review Board • r1� tm S , ..�,9 ' v a r i , ` }� i 1 • r 1• f� <.S41 4'Jrc.`h•��y°(,rw(,,.At!'r, "'.. 'a'�.r -z 1�t"* •rt I;r z I y[�• ' secretary ,•I �,.;\ / kl�l'tl f1 M•h l.,•rn� . .uL , 1r. y tY a yi ,,w.r a"44,,'�? "" ,,,1, { »-+ •• r I wr ak?yf v r rrf(tr'' 1k M •i 4 t F til r'ra Tr t�.; ry t 'K Aay. q `C#I , ~• yl iirk+c 604 x 1r.ti.t f ire .;'�yy`tt 1 •It• 4 3�=1t"'1 el ,�i"t,A+' Fn ; �y�t'y�.:� �1rti C F r ` :.. • .atz+rtl �t * wi1i1ngerw 4r ` ;k r► , tt: � • 3f: �;•1 II .�1 4. � ''�ka Wa4rj\ trr � x•' C f . r}a1 r • , ' �,ht "z ' rR ' rttw. 1 At11 1r '4."NI • - - • ,I 1 T w ^f tM1�k1�4'7N„, 1,•\tSr '• , •ry' M,ti•1,.. l _t t , YI r 14tDrt :y ✓^Y w1 � l �kR \t (t' ,} ySyV +W7.• ,ri�w �y 'rF 1968 tM1t1h " }1 7 �yt , .1 a { vt - f� ?-•0'rt iY 1 • }lipp t a - ✓ rFoster, Greaves, .4 ,\ ' Y •,fi f ✓ , wq "Ngt„ Ingrim,„ l I % t*0,1,To.M t°4 ` s \ y lt ,♦$t1 , • • r tt�y�, D t .. t ir\ j+ W. r L' .'t - • ijrt S p1�,. 1 k • 1' y x J u 4. ,� + , S. D II •yr`,i I i t'', 1S I., Y r t M : Yrary,#,,A00,, iYt' I ,44 ,,7Ftilgi, 1 • q�t r ; t r t� h ✓,�Y Sqt I „ .,rr; 1�1�. rr C'1" $1.kl` �'S' p k�,",� t 0 y •v �, r I r � 1, t • • .•• Y 4y • yIqq k: .. t t„ 4 rr 11 ,* �' :t I ' r a" 4i d4 t" '',,D J, 11• il�ttr�''. , • ter' t i y S 1awT *'""t"_y•r•1l�.�R �!" }rl1f�t 'r" ;- x _, • S ,.�.. , 1 1r � Y t l;s r r .t VL. ,It. � ,v.� .y�'rt April 8, 1989 • it Development Review Board City of Lake Oswego P.O. Box 369 Lake Oswego, OR 97034 RE: Lake Garden Court, Lot 13/Variance Application Dear Board Members, In preparation for submitting a revised variance application I have read various resource materials regarding the maintenance of wetlands, marshes and ponds. Various quotations that follow were taken from the following texts: • The Audubon Society Guide to Attracting Birds by Stephen Kress The Audubon Society Field Guide to North American Birds The existing pond is slowly filling up with silt and various vegetation types. Eventually it will fail to effectively and efficiently act as a storm water collector as it was designed. Flooding of the banks already happens during severe winter storms. Open water does not exist adjacent to the existing sloped banks, but only at open water areas at each end of the pond. By definition the pond has become or will soon become a marsh. Exposed shoreline has all but disappeared. "When emergent vegetation completely dominates the water area, growing from one side • to the distant shore, by definition the pond becomes a marsh. . . . .to improve the quality of • marshes for Water birds, try to keep a single .1 vegetation species (particularly cattails), from dominating the marsh or pond border. Manual cutting, dredging, burning, or artificial changes in Water level are all useful tools to maintain open Water and a high diversity of useful aquatic plants." "YOU can also improve the quality of a •_•- ,, pond or marsh for birds by increasing the i•7" z amount of shoreline, Shoreline, the junction of land and Water, is an extremely rich habitat for a great variety of aquatic animals, such as • frogs, insects and turtles. "The ability to control the water level is . . an important feature of a bird-attracting pond. In general, waterfowl impoundments should be • drained every five years. Research by the Canadian Wildlife Service on Canadian duck • impoundments has found that after four years the soil and water in artificial waterfowl ponds sharply decline in fertility. At the same time, useful waterfowl vegetation is replaced by less abundant and less attractive food sources." • "To improve aging ponds for waterfowl, \ 1• drain ponds in late winter or early spring and \• disk or rototill the pond bottom to mix decomposed organic matter with mineral soils. Burning will also help release nutrients." Birdlife on the Pond . Enclosed is a list of bird species that have been spotted regularly in and around the pond area. Only one nest of red-wing blackbirds has been spotted, in the southwest portion of the site: which • coincides with the textbook description of nesting habits for this species. Up to eight ducks have been counted on the site at one time, by far the most predominant bird species. While these ducks are fun to Watch for • kids and adults, their presence contributes greatly to the algae and contamination of the water quality • and odors emitted, especially in the summertime. , (The following information taken from The Field Guide to North American Birds. ) Mallard • Habitat: From large marshes to small river bends, bays, and even ditches and city ponds. Range: The most Widespread duck species throughout the northern hemisphere: occurs Wherever there are wetlands. Nesting: 8-10 light olive-green eggs in a nest _r,> often placed away from Water, sometimes in a tree. • • `, • " ' Red-winced Blackbird Habitat: Marshes, but not so partial to emergent aquatic vegetation as is the yellow-headed blackbird, preferring a narrow edge of a cattails or tall weeds, surrounded by open meadows or fields. Range: Red-wings form the nucleus of the huge flocks of mixed blackbird species that feed in fields, pastures, and marshes from early fall to spring. • 1 Nesting: 3-5 pale blue-green eggs in a woven-cup. Nests are far apart, with males defending a sizeable territory. Yellowthroat Habitat: Meadows, fields, edges of thickets, streams, marshes and other places with open, low vegetation. Range: Widespread from coast to coast and from the treeline to southern Mexico. This meadowbird is common throughout North" America. Wood Duck • Habitat: Backwaters of rivers and streams; woodland lakes. Range: Southern British Columbia and Montana through Washington and the northern half of California. Nesting: Not only does the Wood D1,0,, nest in tree cavities, but the mated l..,ir often perches in trees. Wood ducks are often seen on park ponds. • • • CITY OF LAKE OSWEGO • V Class II Variance Application Criteria For Approval 1 A. The request is necessary to prevent unnecessary hardship. As the owner of Tax Lot 1,000; lot 13 of Lake Garden Plat; the applicant has the right to build a single family residence on the site. The Court of Appeals of the State of Oregon has determined that this property is a buildable lot. The City of Lake Oswego in December, 1977 issued a building permit (#557-77) for construction of this residence on this lot, The wetlands issues came into effect as a result of the adoption of a new city development code in early 1981; after the permit was already issued. The legal issues have been resolved, and the present owner now Wishes to again secure a building permit. The applicant proposes to construct the residence in such a way to minimize any negative impact on the pond and wetlands while taking positive measures to enhance and beautify the site for the new home, existing neighbors, and local waterfowl, that frequent the site. The end result will yield a more diversified habitat than exists now, In order to prevent unnecessary hardship from being inflicted on the applicant, the variance is necessary, Without the variance, the full use of the property as a homesite is stripped away from the owner-applicant. 1 B. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by . the request. 'The allowable density within the R-10 zone Would actually allow two residences to be built on this property. The proposed home consists of about 2,500 sq.ft, of building floor area on two levels, similar to the sizes of other residences in the area, The structure Will be located on the Widest portion of the site and pond, thereby maximizing open space around the residence, The cost of this residence Will exceed $250,000, similar in value to many neighborhood homes. • • ' . • • , The applicant feels the continuing lack of maintenance in and around the pond, by the City or surrounding property owners tends to devalue the neighborhood as a whole, and in particular the homes on Lake Garden Court. Continued maintenance would be ensured with the construction of this residence. The proposed improvement are consistent with surrounding single family developments. The improvements proposed will enhance and diversify the habitat value of the pond and wetland as well. 1 C. The request is the minimum variance necessary to make reasonable use of the property. The applicant is capable of complying with all building and planning codes. The applicant has developed a design solution that minimizes adverse impact on the pond and its wetland qualities. The variance requested, is minimum, and necessary to make reasonable use of the property as a buildable lot. 1 A. The request is not in conflict with the Comprehensive Plan. The Comprehensive Plan designates this and surounding properties for single family development. DEVELOPMENT WITHIN WETLANDS AREAS Section 4.020 Standards For Approval 2. Any development is allowed in essential wetlands only after the permit granting authority concludes that the following criteria are met: 2 A. The proposed development is primarily dependent on being located in, or in close proximity to, the essential wetland. The applicant seeks variance from this requirement. The wetlands portion of the site occupies 100% of the total buildable property area. It is impossible for the applicant to enjoy the total inherent rights associated With ownership of this buildable lot without the residence being located in, or in close proximity to the essential Wetland. 2 B. There are no feasible alternative sites available outside the essential wetland on the property. The wetlands portion occupies 100% of the buildable portion of the total site. There is no feasible solution to constructing a residence without building within the wetlands. There are no alternative sites on the property that are dot within the Wetland. . , 2 C. The applicant has provided sufficient information to demonstrate the need to locate the proposed development in the essential wetland, and the lack of feasible alternative sites (within the property in question) . As indicated on the site plan and aerial photographs of the site, there are no feasible alternatives to building over or within the pond/wetlands portion of this building lot. 2 D The ot sign reduceoorspollutel the eessential nt would nwetlandificantiy damage, The proposed development would not damage, reduce or pollute the wetland in any significant way. In fact the wetland would be i enhanced, made more diverse, and useful to a greater variety of bird and animal species. The residence would sit above the water by approximately 3 feet, on piles. These piles would be driven to a depth of about 20-30 feet from a stationary, truck- anyndamageato thelembankments,l piles disland be iornbottom fromtof thedpondhe roa , �hout • Little or no fill materials would have to be placed or removed from the wetlands area of the site in order to construct the • residence. s The residence will sit above the high waterline of the pond in .,r accordance with all engineering and code requirements of the City of Lake Oswego. In addition to maintaining most existing trees around the pond various new trees and shrubs are proposed to enhance the habitat value of the site. • Water purity will be improved by various corrective measures including: 1. Thinning of cattails in some areas to allow for complete circulation of open Water around the island, as it was a few years ago. 2. Aeration of the pond Water using fountain or spray techniques. 3. The addition of about 20,000 cubic feet of fresh water summertime Will i dramatically during quality season. The island will not be used as part of the residential development and will in fact be improved so as to create habitat for a greater number and variety of animal and bird species than currently exists. The essential Wetland will be improved. 0 2 E. The applicant has demonstrated that the design and construction of the proposed development provides for protectionectio and enhancement extent. the essential wetland to the In conjunction with the construction of the proposed residence, the wetlandlandnt prop props to oses alsoprove i proveethebitat aesthetice of the and environmental qualities of the wetland for the residential subdivision in which it is located. The proposed development will provide enhancement and improvements to the site while protecting the essential wetland to the maximum practical extent. go etwill ant an sement to the City of Lake storm water drainage line oute to construct a new or improved of the pond. The applicant is not a professional developer but a practicing architect whose residential designs have been honored by the American Institute of Architects and featured in Better Homes and Gardens, A comprehensive mitigation and landscape plan has been created by various professionals to insure the development will be of the highest standard for use by a variety of birds and animals that use the pond. • The City of Lake hin its statutes to guaranteegperformanceo has the obyrthetapplicantrdinances and Please refer to the letters of recommedation from various • profesional planners, landscape architects, and ecologists that are included With this submittal. i . / • • Evidence of Economic Impact I have sought to purchase and develop this property with a single residence on it since 1977. At that time I designed a • house for this lot similar to the one currently proposed. A lot of time, effort and expense went into the design and preparation of working drawings. My expenses totalled $18,000 when the City of Lake Oswego issued building permit no. 557-77 for the • construction of this residence. Construction was started, but some neighbors filed an injunction and lawsuit to stop construction. Approximately five years later the Oregon Court of Appeals ruled in our favor and ordered the City of Lake Oswego to issue a permit. Although I still had an interest in the property in 1982, I Was not able to finalize the purchase and move ahead with construction because of the poor economy. ' In the fall of 1988, I was able to purchase phefproperty from the previous owner in exchange for p design fees on this and other projects. At that time I was informed that a variance from the city's 1982 wetlands ordinance would be required. MY investment in cash and loss of income as a result of this i project is currently in excess of 30,000, not including interest. The property is appraised at $35,000 and has a market value • in excess of $50,000 as a building lot. , The city's planning staff has previously recommmeded • approval of this variance application. If the variance is denied the property is rendered economically worthless and I will have been denied my rights as a property owner. P The city's overall actions from 1977 through 1989 would represent an "illegal taking of private property," if the variance is denied. Surely this is evidence of economic impact. ! . .a ., 1 d Robert Evenson Associates, Architects �� City of Lake Oswego "_' • Variance Application Var 19-89 u'r.ca, ,, •,;: 1 COMPARISON OF LOT AND HOMES SIZES AROUND LAKE GARDEN COURT Approximate Approximate pot Number Property Size House Size Appraised Value 100 10,000 2246 $144,000 200 11,400 3006 136,000 300 10,500 3428 158,000 400 16,000 3109 183,000 500 10,500 3523 172,000 , 600 8,000 2263 164,000 700 10,500 2716 149,000 • 800 13,200 2728 157,000 900 19,800 3254 155,000 . 1000 Subject Property (see below) 1100 12, 100 3351 173,000 1200 16,500 3416 172,000 1300 12,600 Undeveloped Land 1400 8,500 2951 107,000 ' 1500 13,000 3717 116,000 1600 12,600 2782 104,000 Total 185,200 42,490 $2,090,000 ' Averages 12,347 sq.ft. 3035 sq.ft. $149,435 Subject Prop. Lot 1000 27,007 sq.ft, 2980 sq.ft. $150,000 ` Conclusions 1, There is sufficient property to build two (2) residences . on the subject property by zoning standards, and in ' comparison to other lot sizes around Lake Garden Court, 2, The Proposed residence is about the same size or slightly smaller than the average residence size around Lake Garden Court, 3. The appraised value Will in all liklihood be similar to or higher than other residence around Lake Garden Court. �I A,` 1 1 1 • • Barbara Sue Seal Lake Oswego Branch Office PROPERTIES,INC. ' 4200 SW Mercantile Drive Bldg,FMSuite 700 ' Lake Oswego,Oregon 97035.999E • (503)241•SEAL(7325) August 31, 1988 Robert Evenson Robert Evenson Associates 510 N.W. Third Avenue Portland, Or 97209 Re: Lake Garden Court Dear Mr. Evenson: We have reviewed your site plan and proposal for Lake Garden Court and based on our experience in the Lake Oswego marketplace, we feel there is definitely a demand for such a project. Not only would your plan eliminate a potential hazard and an existing eyesore, it would enhance the neigh- r borhood, thus increasing property values in the surrounding area. In reviewing comparable values of undeveloped land in the Lake Oswego area I feel that the value of the property, including clean-up and landscaping, would be in the range of $70,000-$85,000.00. The pond is becoming more of an eyesore as well as a potential hazard every day, all of which translates into lesser property values. Bad;tc lots are $40,000 to $60,000.00. Your proposal would bring a very unique concept to the area for which there is an increasing demand. If I can be of further assistance please call. Sincerely, Sue Ann Bearden Associate Broker •I "Whet: Y01i'"t 1+1 tett `tdr1.¢t ;.• C •c',. • • Robert Evenson Associates, Architects City of Lake Oswego Variance Application Var 19-89 THE REQUEST FOR VARIANCE APPROVAL IS NOT IN CONFLICT WITH THE COMPREHENSIVE PLAN • 1. GROWTH MANAGEMENT POLICIES ELEMENT 1A. IMPACT MANAGEMENT POLICIES I. The city will protect natural resources and processes from adverse impacts of development, within reasonable cost limitations. The proposed residence will not adversely impact the natural resources and processes within and around the site. Increased variety of landscape will yield increased habitat value for more species of birds and animals than currently exists, all within a natural and aesthetically pleasing environment. Storm water holding capacity of this site will be increased. Open space, trees, soil, pond water, vegetation and man- made services are preserved, enhanced, and made more efficient. • II. The city will evaluate zoning and development proposals comprehensively for their impacts on the community, requiring the developer to provide appropriate solutions before approval is granted. The proposal meets all zoning and development criteria Without the need for additional variances other than that Which is requested. No adverse effects are created With regard to traffic, safety, circulation, existing utilities in place, or neighborhood quality. the city has provided sufficient review and input into the developed residence as proposed. • 2. NATURAL RESOURCE POLICY ELEMENT 2A. DISTINCTIVE NATURAL. AREA POLICIES I. The city will preserve the general wooded character of Lake Oswego and protect the natural functions served by native tree stands, street and yard trees. The proposed development will maintain all existing trees on the site except one being removed for the driveway. • in its place at least 3 new trees will be planted. Numerous new shrubs will also be planted around the pond as noted on the • landscape plan. II. The city will encourage the preservation of distinctive areas and endangered plant species 'identified. The proposed development preserves and enhances the pond and wetland.Through careful management the water surface area • will be increased to a better ratio for aquatic plants and birds alike. Approval of the variance will allow development to be implemented, and set in motion a management and maintenance program that will follow with construction of the residence: similar to that maintained at other residential properties on Lake Garden Court, III. The city will explore acquisition of distinctive natural areas which are found to have a high priority, as public access open space, The city has on at least 2 previous occasions over the last 10 years had the opportunity to purchase this property but has refused to do so. The applicant proposes to develop the site in a manner that is pleasing and available for all to use, vieW and enjoy at no cost to the city or taxpayers. Development of this property Will also create additional tax revenue for the city and county. 2B. WATER RESOURCE POLICIES I. The city will preserve natural groundwater levels, as a valuable source of water supply for residents and as the natural life support for existing natural vegetation. The proposed development maintains, , improves and preserves natural groundwater functions and its access to existing and new plants and animals. Water quality will be improved dramatically as will the quantity and surface area of pond water. II. The city will establish development standards which will preserve the natural function of wetlands and protect them from .3,,deterioration. The proposed development will not diminish but will enhance the natural • function of the wetland in a more balanced ways 1. Increased diversification of plant materials. • 2. Increased water levels in , summer seasons. 3. increased water surface area. 4. Increased water purity. 5. Increased storm water holding capacity. • 2C. WILDLIFE HABITAT POLICIES I. Development in the planning area will be encouraged to preserve wildlife habitat. The proposed development preserves existing habitat while creating new and more diverse habitat, food sources, nesting areas and protection from predators than currently exists. c R., , i- n-, r 'pcLYCY ELEMENT yam+.?y;a :.. ,, 3 ,,,l«8 develop and protect features jle:I :o to community identity and preserve .ti o r: t� 'pA and aesthetic qualities which r _o tr:o p ,ode of residents. j 'no prc osed development preserves the '' , ry '..-,a i c @.sties of the pond and provides o =r o 314,Wfor enhancement, management L= c&4 n of this recognized asset of ', o '' t' ..6'1 neighborhood over what is 5. „ ": s-:t:, �. fW ', 4717-- 'C t,w a asst are that residential a 7 . k l❑ tp7ri'cprlately related to site '_ ' �:.c era! c>unding land uses, capacity .k� tiee► and overall growth ; , :-_..a:- l& ,A,ies on density. C^rk.;r : 4... - �'`«' ""`" L" ;:ce l development creates a i r -c 'rl within the total property a ? r.-, tt.o other residential lots that ++r r, o. .u-.1 the property in question. one within the Lake Garden ocn nat7 one half the area of the , "��«." o t `� ports'• All utilities and ti' «.J ",. ra l.`!es err currently available ., t" ,hd ,� w oft _ •. ,.4 ,t t e, ,� Cw`"tl CE=C$.POLICIES e, " r0,:ntavols to developers to k' �'7 c L quality design and amenities c: cu r '�` .,ne-„m standards and criteria. 4",'`,}� o s� t�not proposes a total site ` A ` �_:;a�' Con4un of the highest quality ii 1 , +A�7,.ve the livability, •I , It r _-`.4p i',�„ vtaloe of the neighborhood in "l,.• a .,�ck<. �j 's , , t . 111 II. Establish a well-defined method of evaluating site and building design which specifies standards, criteria and review process. The site plan has been reviewed by numerous professionals in a more detailed manner than is typically the case in single family residential development. All aspects of the plan conform to or exceed established standards for good design with regard to density, traffic, energy efficiency, aesthetics, landscape and preservation of existing natural features. { V. Provide for innovation in residential building types and site planning. • The proposed development is unique, innovative and compatible with surrounding natural features as well as the man-made residential neighborhood it is situated in the middle of. 5• OPEN SPACE LAND USE POLICY ELEMENT ) I & II. The city will designate wetlands as Protection Open Spaces and will regulate the uses of lands so designated In accordance with the policies set forth in the natural resources policy element, in order to preserve essential natural resources and processes, avoid natural hazards and damages and to preserve comrtiunitynt natural features in the The proposed development and enhances the natural resourcess and es processes of the existing Wetland in a manner compatible With the needs of animals, vegetation and people that live Within or adjacent to the site. Written comments by various design professionals included with this application tend to suport the general notion that this proposed residence and site plan, when implemented will preserve forever the natural resources that exist ., within the property without loss or °' ., detriment to the Wetlands, i A 1 April 21, 1989 Mr. Robert Galante 1 Senior Planner City of Lake Oswego P.O.Box 369 Lake Oswego, OR 97034 RE: LAKE GARDEN COURT, LOT 13/VARIANCE APPLICATION Dear Mr.Galante; At the request of Robert S. Evenson I have reviewed the landscape/site plan for • the variance application referenced above. I have also familiarized myself with the existing site conditions as well as the surrounding properties. I believe the application as proposed represents as improvment to the site,both in habitat value and visual appearance for the neighbors. The applicant has made an effort to utilize plant material that is appropriate to the site conditions and will .I , ' -'ti att ract more birds.I would like to point out that many of the plants are listed by the City of Portland and other local-area cities and agencies for use in wetland, riverbank and Upland sites,such as along the Willamette GreenWay. I have not seen a schedule of plant material indicating size and condition at the time of planting.This question needs to be addressed in greater detail. Also, I assume the applicant will be required to maintain the plantings in a manner that is consistent with habitat/environmental values and not necessarily those of purely aesthetic interest. Finally, I am very impressed with the application from a construction methods standpoint.Little impact, if any, will be made to the site,thereby insuring that Vege- tation and wetland alterations will be improvements over existing conditions. If you have any questions please do not hesitate to call me. ' Slnceraiy HE MITC LL N LSON GROUP INCORPORATED , John A. Nelson, ASLA Principal Oregon Landscape Architect #72 1..11.1:I'iJr•II. t.�i." 1 S1I• �4,-FI�' ,. I.P1:11 AIY VIM:11.W �,i ti 1 nv1,IN. ' • I1ACDDNRLD ! April 21, 1989 ENVIRONMENTAL PLANNING MR.ROBERT GALANTE Senior Planner City of Lake Oswego P.O.Box 369 Lake Oswego, Ore. 97034 • Subject: Variance Application for Lake Garden Court, Lot 13 by: Robert Evenson Associates Dear Bob: I have ben asked by Robert Evenson to review the project information and proposed development plans for Lake Garden Court, Lot 13, variance applicatio.; which is pending. These materials include past news articles, wildlife and plant material recommendations prepared by Michele ' Zimmerman, Landscape Gardener and other correspondence from the Fie; pnd ' ' Wildlife Department. I am familiar with this neighborhood and pond site and have been since the mid seventies. In evaluating the information provided pnd considering my familiarity of the condition this pond has been in these past few years, I feel that the construction of this residence would not compromise any existing environmental qualities this site may offer to the wildlife or the neighborhood. To the contrary, I ferl that the selective removal of the over grown vegetation, the replacement with fruit and flower bearing species as suggested by Michele Zimmerman would improve not only the quality of the habitat for birds but create a visual amenity for the neighbors currently non existent. Also, to further improve the existing characteristiab of this pond I would recommend the addition of water aeration spray noises for prevention of the build-up of algae, aquatic Heeds , and bottom sludge and unpleasant aquatic odors resulting in a cleaner, clearer water. This pon;l could support three in the open Water areas shown on the plan. These aerators have been installed in private and public ponds to improve these things without impeding the wildlife to of the pond. Other means of achieving this same end would be the use of select varieties of water lily known to remove water impurities. , • 810 N,t\;Third At'enue, , 1" Portland,Ore ;7y- 71'iephone(503 ti • • In conclusion, I feel the proposed plan to build this residence over the pond would have a positive impact to the surrounding area. The visual quality of the pond would be improved greatly by offering a greater diversity in plant materials which complement the environment while providing more natural food for the feeding birds and reptiles. Si�ely, ' , .Laurel A.:'M cdonal Landscape Architect cc. Robert Evenson a4 JlI 6 1 { • Woc)- • April 18, 1989 Robert Galante • ' Senior Planner City of Lake Oswego PO Box 369 Lake Oswego,Oregon 97034 Regarding: Lake Barden Court,Lot 13/Variance Application Bob: I Write you to provide testimony in support of this application. • I have had a chance to collaborate professionally with Bob Evanson in the past and I have carefully . • reviewed the site plan for the property and the Zimmerman report regarding new plantings to enhance habitat value. I understand this lot Is designated as a single family residence and that the ' property is now functioning as a storm water retention basin. in the pest,both the City and the neighbors have declined to either accept or purchase this residential property for park or conservation purposes. In my opinion,the proposal would be an attractive,functional and environmentally sound use of this site if implemented and maintained as proposed. The proposal is carefully conceived with a high degree of consultations that have included I)the City of Lake Oswego planning staff,who have • recommended approval of the project, 2)Mike Houck,Portland Audubon Society,and 3)Michele Zimmerman,Wildlife/native plants consultant, Mr.Evenson has sought out the needed technical expertise to assure residential development in this situation not only responds to wildlife concerns,but also enhances habitat values, The proposal deals directly with Gene Herb's concerns about Wildlife values by specifically " r ' providing plant species that Will attract Wildlife with food end nesting/cover opportunities, I would suggest the level of habitat diversity proposed exceeds that of the present cat tails, • Additionally,the plan responds to the neighborhood with attractive plantings on the perimeter, and opens views into the pond for all to enjoy, • Site Planning and Landscape Architecture 812 NW Seventeenth Avenue Suite 200 PS and.Oregon ti7.Ov , (SQ3)227.5750 • • ^ �1 %,a• In closing,I support the principle that, with careful design, people can live in harmony with the natural environment, and development can respond sympathetically to natural values. I believe this proposal can demonstrate these principles, It is fitting to acknowledge man's place in the ecology of Lot 13,Lake Garden Court,Lake Oswego,and I believe this proposal accomplishes this in e sensitive way. I urge you to accept Mr.Evenson's application, \ 1 Sincerely, 1\ /a .//;'//' ..'"'"..".....1 Michael C.Schwartz ° 1 • • • Michele Zimmerman 1 A 5 S 1 b r n *7 1 1�4J J�`Y Graen�i.l�4 rd. r Tigard,Oregon 97223 684-0305 Mr.Robert Evenson Robert Evenson Associates 510 N.W.Third Ave. Portland,Oregon 97209 November 30, 1968 Dear Mr.Evenson: I have visited Lake Garden several times and reviewed the information you gave me regarding the site and proposed house construction. The following guidelines can maintain the integrity of the Wetland site and at the same time provide an attractive landscape design for the neighborhood. The planting plan provided is a combination of native plants associated with wetlands and non-native ornamentals that are attractive landscape plants and excellent bird attracting plants. They offer year round sources of food, shelter and nesting opportunity that are critical factors in attracting a diversity of birdlife. Lake Garden has the potential of increasing its birdlife diversity with these plantings. The following information includes the recommendations, impacts; planting plan and plant list that you requested. Sincerely, Landscape Gardener • • RECOMMENDATIONS Recommendations to•minimize impact of the proposed house construction on the wetland site include: 1) Removal of cattails limited to immediate construction site and limited removal to maintain continuous water flow around the island. This is • ( valuable habitat for turtles, waterfowl,and red-winged blackbirds. 2) Remove blackberries growing on the shore pines and rhododendrons on the island; also remove reed canary grasses growing in the understory through • these plantings. 3) Maintain lower limbs of the shore pine and pin oak that extend over the pond. I observed five wood ducks utilizing the pine branches for cover,and also observed five different wood ducks perched in the lower limbs of the • i oak. The shore pine limb can be thinned and pruned if necessary to lighten the weight. 4) Retain open upland grassy habitat around pond where possible. This provides habitat for insects and perching dragonflies. Here we can introduce perennials such as Lobelia cardinalis that offer nectar to hummingbirds along with asters that provide nectar for butterflies. Removal of blackberries,morning glory and thistles growing here. 5) Plant a hedge row of red and yellow twig dogwood along the south and a portion of the eastern section of the upland margin edge. The bare stems in winter are attractive bright red and yellow. This will provide songbird food, shelter and nesting sites and provide an attractive hedge. These will eventually shade out the grasses underneath and over the curb Where they look unsightly. It will also discourage neighborhood cats. Maintain visibility into site on northwest and east. 6) Establish additional shrub plantings to encourage rufous hummingbirds and butterflies. Flowering Currant(Ribes sanguineum),native Western Azalea (Rhododendron orcidentalis), and Honeysuckle Vine provide nectar for hummingbirds 4nd butterfly bush(6uddleia davidii)provides nectar for adult butterflies inuluding Western Tiger Swallowtail,Coppers, and Skippers (See Planting Plan for location of plants). • 7)Establish a few deciduous trees to provide high canopy cover, seeds, and • structure for perching birds. Kousa Dogwood is a beautiful year round tree that provides red fruits for many birds and excellent fall color. One large evergreen tree such as Port Orford Cedar should be planted on the south side for dense cover for wildlife and screening the house. Paper Birch is an ex- cellent landscape tree with creamy white bark for water side plantings. Its cone-like fruit attracts seed eating birds. • 8)Establish bird nesting boxes on posts in water to encourage swallows,and • a wood duck nesting box in the oak tree on the island. 9)Retain seedling Black Cottonwood, Nootka Roses and Hawthorn Tree in the northwest section of the site; these are associated with wetland habitat. 10)Establish Western Iris in saturated zone and pond water, These will add spring color and attractive form. • 11) Remove grasses that are growing out over the curb onto the street for better visual appearance around the site. IMPACTS • Taking into account the previous recommendations the immediate and future impacts (approximately 5 years)on the site Will be discussed. 1) With loss of cattail habitat a decrease of red-winged black birds that ' utilize cattails for nesting and cover. 2) Creation of a hedge row in the upland margin (south side) will result in higher populations of shrub nesting birds,and increase bird species diversity. The shrub and ground nesting birds need a border 3-10 feet high and at least 6 feet wide to insure nesting privacy (Attracting Birds to your garden,Russell, 1974,a Sunset publication) This planting of Red-osier dogwood also produces fruits that are eaten by at least 10 different birds. 3)Other selected plantings will result in new food sources and shelter sites not previously available on the site. 4) Preservation of the wetland identity will be maintained while creating an attractive landscape in the neighborhood. • I PLANT LIST + NAME. APPROX. NO. BENEFITS , SPECIES ATTRACTED TREES Evergreen Port Orford Cedar(Chamaecyparis lawsoniana) 12 FCNB A Deciduous • a Kousa Dogwood(Cornus kousa 'chinensis') 14 FCNB ro Sweet Gum (Liouidambar styraciflua) 9 FoB Paper Birch (Betula napyrifera) 11 FCNB SHRUBS Vine Maple (Acer circinatum) 8 FoB Flowering Currant (Ribes sanguineum) 10,H Fo ` 1 Red-osier Dogwood(Cornus stolonifera) and . Yellow-twig Dogwood(Cornus s, 'flaviramea') 13+ FCNB Western Azalea (Rhododendron occidentalis) BLIP FoFr Pussy Willow (Salix discolor) 8+ FCN Butte`-fly Bush (8uddieis davidii) Bu Fc . Douglas Spirea (Spires douglasii) 5 FCN Nootka Rose (Rosa nutkana) 7 FCN Rhododendron 'Jean Marie Montague' P B VINES Gold Flame Honeysuckle (Lonicera heckrotii) 5,H FoFs Trumpet Honeysuckle (Lonicera sempervirens) 5,H . FcFs Clematis Jeckmanii P BFs • HERBACEOUS PERENNIALS Cardinal Flower(Lobelia cardinalis) H FoB Aster spp Bu FoB Western Iris(Iris missouriensis) P B Juncus spp, W f Fo Carex spp Wf Fo GROUND COVERS Coral Beauty Cotoneaster(Cotoneaster dammeri 'Coral Beauty') 6 FCEc KEY. Fo Food only, F Food, C Cover, N Nesting, B Beauty, Fr Fragrant, N Native, Fs Fence Screening, Ec Erosion Control, H Hummingbirds, Bu Butterflies. • P People, Wf Waterfowl. . . . 4 Michele Zimmerman Landscape Gardener • 11445 SW Greenburg Rd,a7 Tigard, OR 97223 (503) 684-0305 I ' Services:Consulting -Gardening for wildlife -Native plant landscaping -Ornamental,perennial gardens Public Lectures and Presentations Experience • 1984 Provided expertise on plant/wildlife interaction to architect charged with design of bird sanctuary for Midland Park (SE 122nd • • &Morrison). 1985- Taught courses on use of native and ornamental plants that attract 1966 wildlife to gardens for the World Forestry Center and the Audubon Society. Also classes on wildflowers, shade gardening and pruning. • 1986 Co-designed landscape plans for Audubon House Sanctuary in Forest Park. 19,87 Designed and installed a landscape to attract birds and butterflies for Judy Cohen, located on a creek side residence in southwest Portland. Current Employment: Landscape Gardener/ Horticulturalist University of Portland(1986-present) Previous Employment: Landscape Maintenance/ Design (since 1979). Education: B,S,Natural Ecosystems,Rutgers University Landscape Technology Studies Master Gardeners (6 years) • r NO 9 lfi • 11830 S.W.Kerr Parkway cslenta Resources, Inc. Lake Oswego,OR 97035 503/245 4068 May 4,1989 • Mr.Robert Galante Senior Planner City of Lake Oswego P.O.Box 369 Lake Oswego,Oregon 97034 • RE: Variance Application for lake Garden Court,Lot 13 by:Robert Evenson Associates • p: Dear Mr.Galante: Last summer, Robert Evenson requested I assess present value of the wetland at the proposed development site and develop ideas for enhancing the site. . My approach at that time was to reduce the amount of cat-tails in the pond to an amount of and cover that would provide for more open water and allow for increased plant diversity. An inspection of aerial photographs of the site showed obvious increases in the cover of cat-tails in the pond. Mr.Evenson requested that I review additional work done by Michelle Zimmerman to provide for this diversity. The primary wetland functions of the site are to provide for sediment trapping,nutrient retention,storm water retention and limited wildlife habitat. The pond is in the middle of a residential area and is not buffered from the noises and movements of human residents. The list of plant species and their wildlife attraction proposed by M. Zinunerman is impressive and interesting. While I have reservations about the introduction of the butterfly bush because of its tendency to spread and possibly suppress other vegetation,the list of plants is generally sound. Placement of other wildlife enhancement features such as floating logs,birdhouses and wood duck nest boxes will provide for additional wildlife attraction. The proposed plan will definitely improve the aesthetic values of the site which would be of especial benefit to neighbors. Perimeter plantings will provide the buffer for the pond that the site has lacked, The wetland functions of the site can be maintained in Evenson's plan, Obviously alot depends on the habits of those who will occupy the house with respect to whether wildlife will be attracted to the various plants proposed at the site. Residents of the house who function as caretakers of present and potential wildlife values will be the ones to live there, It is likely that those who would chose to live in this house will want to protect these values. C�r�ially, • lr tan Geiger,Wetland Ecologist • • 11830 5,W,Kerr Parkway Scientific Resources, Inc. Lake Oswego,OR 97035 -•� 503/245-4068 t� 1 15 June 1988 Mr. Robert Evansen Robert Evenson Associates 510 N.W. Third Ave. Portland, Oregon 97209 Dear Mr. Evansen: We have reviewed your proposal to construct a house on steel supports at a site in Lake Garden subdivision, Lot 13, Tax Lot 1000, Lake Oswego, Oregon. The site is unique in comprising a central island surrounded by an egg—shaped pond with a perimeter of upland grassy margin adjacent to the street and surrounding the pond. The island is vegetated primarily by oak and pine trees and recently colonized by younger red willow. Surrounding the east end of the island is a dense stand of cat—tail. The submersed plant smartweed is common in the pond. Impacts associated with the proposed construction of the house on the steel supports, as shown in your drawing of 13 June 1988, appear to be minor, including disturbance of a small amount of the bottom, and eventually shading by the house of area now occupied by cat—tail. An examination of an aerial photograph of Lake Garden made by Spencer Gross in March of 1987 suggests cat—tails have increased in extent in the east end of the pond. Inspection of sediment depth in the pond (shown also as a cross—section on your site drawing of 13 June 1988) suggests that the pond is acting as a sediment trap, with sediment accretion providing increased habitat for emergent vegetation such as the cat—tail. Sediment export to the pond may be relatively less now than during construction of houses in Lake Garden. However, turbid water following a period of heavy rainfall suggests influx of sediment may still be occurring. Management of the plants in the pond to increase open water and increase the aesthetic features of the site can be accomplished with herbicides specific for eradicating cat-tail, or by manual harvest. I would suggest that cat—tails be removed by backhoe operating from the street. Cat—tails generally can be thinned and confined to limited areas, and removed particularly from the proposed location of the house and adjacent to the island on the northeast and southeast sides so as to create open water surrounding the island. This would improve the pond's usefulness to waterfowl. However, making the pond too attractive to waterfowl will increase the influx of nutrients from feces and increase the amount of algae and plant growth in the pond. You are of course the judge regarding the relative greeness of the pond water. Removing the plants including rhizomes (1 ft deep into sediment) would provide slightly increased depth. I would avoid using herbicides to control plants in the pond because of the decomposition and release of nutrients that can create nuisance growth of algae. Some growth of cat-tail and smartweed in the pond is desirable for aquatic life (fish and insects). Aquatic plant materials are readily available for adding plant diversity, e.g. rushes • . • • ' r 4 • ".., • ' 15 June 1988 Page 2 , . , r?t.trr'q4'n'' 1.-ife co to provide seed for birds and additional Ptr „. . ccs on the upland margin (English ivy) of the :ci ,ncLa:-.07t rmo atroot would suppress tall grass growth at the pa'Y'ntet5r" .pci pTov4,,do for bank stability as well. For additional 44-....1-...../c7)tritt. c veetation, trees on the island could be pruned. fr-,e2 shalqr.Q# construction of the house on this site should havo the effect of iwproving the appearance and utility of the pond for p' ents end animals. Cat-Atolls will increase in extent in the pond dloalniching open water. Continuing sediment trapping by the pond may increase the extent of shallow water habitat for plants. Investigating the sources of sediment influx to the pond may suggest simple, cost—effective ways of reducing this pond management problem. ifr•ally, 4IP • N. Stan Geiger Wetland Ecologist • i141 • , • % y b „ } ni, „,i 11830 S.W.Kerr Parkway , Scientific Resources, Inc. Lake Oswego,OR 97035 503/245-4068 • . 30 June 1988 • Mr. Robert Evensen Robert Evenson Associates 510 N.W. Third Ave. Portland, Oregon 97209 { Dear Mr. Evensen: • This report letter is in reponse to a copy of a letter received from i Renee Dowlin, 23 June 1988, of the City of Lake Oswego Planning Department, in which there were requests for information pertaining to a site inventory, data analysis, a site plan, and mitigation. We have . • visited the site since our last letter to you of 15 June to review our site data and respond to the City's recent request for information. , ' SITE INVENTORY AND ANALYSIS The total acreage of the site is 0.62 acre. Of this total acreage we estimate that what is technically wetland at the site is 0.44 acre. The U. S. Fish and Wildlife Service classification for the wetland would be .'\ palustrine, open water (0.28 ac) and palustrine, emergent (0.16 ac). The predominant vegetation in the pond comprising the palustrine, emergent component is cat-tail (T ha latifolia) and c species of smartweed (Polygonum hydropiperoides�P a-which was not flowering. An examination of an aerial photograph of Lake Garden made by Spencer Gross in March of 1987 suggests cat-tails have increased in extent in the east end of the pond. Another species, reed canary-grass (Phalaris arundinacea) provides a narrow vegetated perimeter in the transition between the cat-tail and the upland vegetation margin. Other less common wetland species are present at the site, e.g. soft rush, Pacific red willow, sedge, black cottonwood and alder. The upland vegetated margin between the perimeter fence and the pond ' is comprised predominantly of red fescue (Festuca rubra) a variety of forb species (hawkweed, two species of thistle, bindweed, St. John's wort, red clover, ox-eye daisy, Himalayan blackberry and trailing blackberry), and bent grass. A large Scouler's willow greater than 5 inches in diameter is present on the north side of the pond (see drawing provided with this letter). A hawthorne tree was also present on the northwest side of the pond. • The island in the center of the pond is covered by trees and shrubs • comprised primarily Of shore pine (Pinus contorta), an oak tree larger than 5 inches in diameter, a large-leaved maple, various rhododendrons, and a Weedy understory (trailing blackberry, juvenile hazelnut, and at the water's edge, reed canary-grass). The island is approximately 0.04 ac. ,, ., -/ Branches of two of the shore pine, and of the oak tree extend out from the . J 1 . 30 June 1988 Page 2 ' island over the pond. The steep sides of the island and the dense understory vegetation on the island appear to restrict access to it by waterfowl. Mallards were observed at the side of but not on the island. . The shallow (less than 6 ft deep) pond provides habitat for frogs, turtles and fish (at least Gambusia, which were common), and waterfowl . (seven mallards were observed . Dragonflies were common over the pond surface. Red—winged blackbirds were noted in the cat—tails. With respect to wildlife habitat at the site, watr: is available throughout the year. The variety of food available is limited to algae on the pond bottom, smartweed seeds in late summer, cat—tail seeds also in late summer, grass seeds throughout the summer and blackberry and hawthorne fruits in late summer and fall. Cover is available on the island for waterfowl but the island is not easily accessible. The large Scouler's willow provides structure for perching birds and seeds in spring. Trees on the island likewise provide cover, perches for birds and nesting habitat, although no ' nests were observed. There is cover in the cat—tails for nesting • red—winged blackbirds, but cover around the perimeter of the pond is minimal and subject to intrusion by cats. A cat was seen in the upland area on our first visit to the site. Since the chain—link fence is continuous around the property, dogs are probably restricted from the pond. On each of our visits to the pond, which followed rainfall by two to ' three days, the pond was turbid from suspended sediments. It was not ' possible to determine whether the sediments had recently been transported into the pond, or whether sediments in the pond (which from coring are , 24-36 inches deep) were resuspended from runoff into the pond through the . culvert on the northwest edge. Since there is no apparent new development to produce erosion, it is presumed that resuspension is occurring. Inspection of sediment depth in the pond (shown also as a cross—section on your site drawing of 13 June 1988) suggests that the pond is acting as a . sediment trap, with sediment accretion providing increased habitat for emergent vegetation such as the cat—tail. Sediment export to the pond may be relatively less now than during construction of houses in Lake Garden. IMPACTS AND MITIGATION Impacts associated with the proposed construction of the house on the steel supports, as shown in the drawing of 13 June 1988, appear to be minor, including: . 1) disturbance of a small amount of the bottom where the casings will be driven; 2) shading by the house of area now occupied by cat—tail; 3) removal of the Pacific red willow and a black cottonwood tree at the location of the driveway shown on the drawing; 4) removal of 0.08 ac (50% of present acreage) of cat—tails ' to provide continuous open water around the house and island, 5) removal of large, lower limbs from shore pine and oak to open the understory on the island and prevent shore pine from falling into the pond. Management of the plants in the pond to increase open water and ' • . • 4 30 June 1988 Page 3 increase the aesthetic features of the site should be accomplished c manually to prevent decomposition of plant materials associated with use of herbicides. Cat—tails generally can be thinned and confined •to limited 4 • areas, and removed particularly from the proposed location of the house and adjacent to the island on the northeast and southeast sides so as to create open water surrounding the island. Loss of cat—tails will mean • loss of some habitat for red—winged blackbirds. However, open space for the pond will be increased by 0.08 acres which will improve the pond's ., usefulness to waterfowl. However, making the pond too attractive to waterfowl will increase the influx of nutrients from feces and increase • the amount of algae and plant growth in the pond. You are of course the judge regarding the relative greeness of the pond water. Aquatic plant materials are readily available for adding plant diversity, e.g. rushes ' can be planted at the bank edge to provide seed for birds and additional aesthetic values. • The addition of low coniferous shrubs on the upland margin of the j property would provide additional cover on the property, but would also provide places for cats to hide and prey on waterfowl. Removal of weedy, invasive species such as thistle and blackberry will eliminate future problems for you and your neighbors. There are a variety of forbs on site and grasses that can be left to provide aesthetic values and diversity of cover. Selective plantings of black cottonwood and hawthorne on the east or west ends of the pond where there is sufficient upland margin could provide additional habitat for perching birds as well as additional f000d. Aside from shading, construction of the house on this site should have the effect of improving the appearance and utility of the pond for plants and animals. Clearing the understory from the west end of the island may provide a refuge for waterfowl, if they can traverse the steep x side of the island. Cat—tails will increase in extent in the pond i diminishing open water and will need to be continually removed to maintain !f--",- -~ the open water. The other dominant aquatic plant, smartweed, may need to be selectively removed, however, the plant does provide seed for waterfowl and is attractive. Continuing sediment trapping by the pond may increase the extent of shallow water habitat for plants. Investigating the sources of sediment influx to the pond may suggest simple, cost—effective ways of reducing this pond management problem. dial , t 0 N. Stan Geiger Wetland Ecologist bra' v SR .. • . . f, 5 . NSW PH* . . COPELAND INDUSTRIES INC. 65g-1O�O P O Box 1181 .Greshorn, Oregon 97030•(503)45ErO9t4 HEAVY CONSTRUCTION EQUIPMENT APPRAISING & ADJUSTING y June 13, 1983 Everson and Associates 510 N. W. 3xd Avenue - Portland, Oregon 97209 Attentions Bob Everson Subject: Lakegazden Court Dear Sir: o Last Friday, June 10, 1938, we drove out to the site you described for pile driving. It is not difficult to drive the piling in this location but As very time consuming to spot the pile in thegate. The best ways to stake it would be to string grid it. • From past experience, you will hit rock at about 25 to 30 feet in this area. The only damage to the porn, in our estimation and ex- o perience is that you will see the iron pipe sticking out of the water. I have never seen any place where piles have drained the pond. Hope this helps you in your plans. .. Sincerely, ...1 COPE ND INDUS ''S IN RPOBATD L 4. / l J. A. COPE ND Il • ' Division of State Lands �cwaoUSc'v ' 1600 STATE STREET SALEM,OREGON 97310 PHONE(503)378-3805 June 2, 1988 OREGON STATE LAND BOARD r NEIL GOLOSCHMIDT Governor BARBARA ROBERTS Robert Evenson • Seantaryotslare 510 N.W. Third Avenue • Portland, OR 97209 ANTHONY MEEKER Slate Treasurer • Dear Mr. Evenson: I am writing in regards to your recent permit application for building a single family home, to be supported on concrete piers over a stormwater pond, next to Lake Garden Ct., Lake Oswego. Based upon your description of the project and the drawings submitted, a state removal-fill permit is not required. The Division of State Lands regulates activities that fill, remove, or alter 50 cubic yards of material or more in Waters of the state. Because the fill associated with your } project is less than 50 cubic yards, a DSL permit is not required. Please call if you have any questions. Sincerely, Kenneth T. Franklin Environmental Permits Section KTF/baW 2187f i • 7 ,. , rr DEPARTMENT OF THE ARMY n, PORTLAND DISTRICT,CORPS OF ENGINEERS P,O.!OX 2946 PORTLAND,OREGON 97298.2946 • `' Reply to Attontton ot: May 26, 1988 ' • Planning Division (CENPP-PL-R) . • ' Subject: 071.0YA-4-007966 (Man Made Pond - Structure) Robert Evanson 510 NW. Third Avenue Portland, Oregon 97209 Dear Mr, Evenson: We received your Department of the Army permit application to construct a pile supported single-family residence in a man-made wetland pond complex at Lake Garden Court, Lot 13, in Clackamas County, at Lake Oswego, Oregon, The U.S, Army Corps of Engineers, under Section 404 of the Clean Water Act, has the authority to issue permits for fill or dredged I' material placed in waters of the United States, The term "waters of the United States" includes the territorial seas and all waters, up to ' their ordinary high water mark, that are part of a surface tributary system to and including navigable waters of the United States, Wetlands adjacent to these waters are also "waters of the United States", Since your project involves no fill in waters of the United States, a Department of the Army permit is not required. Therefore, we are returning your application and drawings, If you have any questions regarding our regulatory authority, please contact Frank Flynn, Project Manager, Permit Evaluation Section, at the above address or telephone (503) 221-6995, • Sincerely, o n nkenah11,— Chief, Permit Evaluation Section Enclosure Copies Furnished: ODSL 11[__ Lo ( (, • CL.ACKAMAS COUNTY F 1 L E.D 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FEB 11 1961 FOR THE COUNTY OF CLACKAMAS GIpR D.PwPPEtI,County Ciet1L 2 ASHRAM BUILDERS, INC., an Oregon ) No. 80-11-115y .^.__ �P�Y 3 corporation, 4 plaintiff, ) JUDGMENT AND ORDER FOR 5 ) PEREMPTORY WRIT OF v. MANDAMUS (FINAL) 6 WILLIAM POTTER, Building ) Official for the City of ) 0:14, 7 Lake Oswego, 8 Defendant. 6 ) 9 ) _ LAWRENCE COOKSEY, MARY COOKSEY,10 RAYMOND DODGE, THOMAS J. DRYDEN, ) DOTTIE DRYDEN, THOMAS C. HOUSTON, ) 11 LOUISE HOUSTON, ANDRESS JAMES, ) SHRILEY JAMES, HERBERT L. 12 JOHNSON, MARJORIE JOHNSON, PAUL ) LAMB, MARYANN LAMB, EARL WHEELER, ) • 13 and PATRICIA WHEELER, ) n• 14 Intervenors. ) 15 This matter came before the court on January 13, 1981 upon 16 defendant William Potter's motion to reconsider this court's 11 decision of December 4, 1980 and upon the motion of petitioners in 18 intervention for permission of the court to intervene in the above 19 suit. present were Ralph Bolliger, attorney at law for plaintiff, • 20 James Coleman, attorney for defendant, and Jeffrey B. Wihtol, 21 attorney for petitioners in intervention. ' 72 Attorney for defendant reaffirmed and stipulated that • 23 defendant had withdrawn his denial of paragraph V of plaintiff's I 24 petition and was admitting the allegation contained therein. The 25 court thereafter denied defendant's motion to amend its answer. ' 26 The court heard argument of petitioners in interventio • :.. - •. ' , Page 1, JUDGMENT AND ORDER FOR PEREMPTORY WRIT OF MANDAMUS (FINAL) 3544C hOLLIGte,HAMPTON&TARLOW,P.C. t AAftoo t a1 Law $ui6 102. I600 S.W.C.dor Nln.Blvd. n• �j'�j P T.11Phen.M1.117 1 • 1 / , ( ( . . 1 motion and, based on the decision of the Court of Appeals in this case, 2 denied the motion to intervene. The court thereafter reaffirmed the 3 findings made at the hearing in this matter on December 4, 1980, to-wit: 4 (1) Plaintiff corporation has filed with defendant an appli- • 5 cation for a building permit to construct a single family dwelling on Lo 6 13, LAKE GARDEN SUBDIVISION, Clackamas County, Oregon. 7 (2) This application was in proper form and met all legal ti 8 requirements. . 9 (3) The defendant is the duly authorized building official for 10 the City of Lake Oswego responsible for the receipt of applications for 11 and issuance of building•permits in Lake Garden Subdivision, Clackamas 0 12 County, Oregon. 13 (4) Defendant has unjustly refused to issue plaintiff a buildin. 0 0 14 permit in compliance with plaintiff's application for the construction o • WZ c W 15 a single family dwelling on Lot 13, LAKE GARDEN SUBDIVISION, Clackamas Y Q g o 16 County, Oregon. . W LL° 8 r 0 17 (5) The Court of Appeals in Brigham v. Payne, 45 Or. App. 845 • z3 18 (1980) , reversed this Court's determination in Clackamas County Case No. 404 19 78-4-153. The Court of Appeals determined that Ashram Builders' title, 02 y w 20 gained through a tart foreclosure decreed is conclusive as to plaintiffs "h 21 in No. 78-4-153 and that judgment should have been entered for defendant x 0 22 in that case. R 23 (6) Plaintiff is the owner of said Lot 13 free and clear of any 24 claim that said lot is a city park or that the use of said lot is in , 25 ‘•;c Way restricted to use for city park purposes. 26 The court also made the following findings: Page 2. JUDGMENT AND ORDER FOR PEREMPTORY WRIT OF MANDAMUS (FINAL) vaedr r+n 71 1, 1, • • y • • .4 � •, • j , l ! • 1 (1) It was the intention of the developer of Lake Garden ' 2 Subdivision to dedicate Lot 13 as a city park. 3 (2) Lot 13, LAKE GARDEN SUBDIVISION, Clackamas County, Oregon 4 was thereafter sold through tax foreclosure proceedings by Clackamas , • 5 County, Oregon. 6 (3) The City of Lake Oswego has never accepted either , 7 expressly or impliedly Lot 13, LAKE GARDEN SUBDIVISION, as a city park. 8 IT IS HEREBY ORDERED that defendant's motion to amend its , 9 answer is denied. 10 IT IS HEREBY ORDERED that the motion of petitioners in 11 intervention to intervene in the above-entitled suit is denied. �_, 12 IT IS FURTHER ORDERED IN THE NAME OF THE STATE OF OREGON that 13 a Peremptory Writ of Mandamus issue out of this court to William j • 14 Potter, Building Official for the City of Lake Oswego, Oregon, ; 15 commanding him immediately upon his receipt of the Peremptory Writ to 16 issue to plaintiff a building permit for the construction of a single 17 family dwelling on Lot 13, LAKE GARDEN SUBDIVISION, Clackamas County, 18 Oregon, in conformance with the application previously submitted by • 19 plaintiff and that defendant William Potter return the Peremptory Writ K` 20 with proper certificate annexed. 21 IT IS FURTHER ORDERED that plaintiff have and recover judgment 22 against defendant for plaintiff's cos and disbursements. • 23 DATED this 1q2 day of _, 1981. 25 8;,_, H WARD ANDING 26 CIRCUI COURT JUDG Page 3. JUDGMENT AND ORDER FOR PEREMPTORY WRIT OF MANDAMUS (FINAL) ' 3544C 001110E11,HAMPTON 6 TARLOW,P.C. Salle 1oP, CO h ,f law,Nitta Mort, Portland,Crayon 47 G81 33 4 7 • JU(: 2 0 1989 June 19, 1989 Development Review Board City of Lake Oswego 380 'A' Avenue Lake Oswego, OR 97034 Re: Case File No. VAR 19-89 Applicant: Robert Evenson Assessor MAP No.: 2 lE 3CC Proposed Action: Variance to Wetland Standard Gentlemen/Madams: Upon receiving notice that a hearing was to be held on July 3, 1989 regarding the above we changed vacation plans in order to appear on that date. The date was then moved to July 5th (would be interested in knowing for whose convenience) and we will be out of town, thus the purpose of this letter. We are opposed to this variance for the following reasons: 1. A house just plainly does not belong there, it does not fit into the neighborhood, and it would be a monstrosity sitting in the middle of a cul-de-sac. 2. This pond has long been a haven for wild life in the form of ducks, cranes, turtles, and birds. • 3. Children from all around the area visit the pond to observe and feed the animals. We have even seen a bus load bring children to the pond. 4. We bought our home in 1978. At that time the neighbors paid a monthly fee to maintain the pond. It Was kept free of weeds. The grass around the perimeter was mowed weekly. The island was kept trimed. We did not allow blackberry vines to groW up and through the fence as they do now. We treated the water to •There it was a pretty blue/green. There Was an abundance of wild life, the ducks nested and raised their young. The pond was a beautiful setting and was enjoyed by many people. (continued) • EXHIBIT r4'7 1 via i -e9 . I • • After the Court of Appeals overruled the lower courts decision in favor of the neighbors the pond began its gradual descent to its present state. The neighbors discontinued maintenance for fear of legal action by the owner. The City of Lake Oswego did nothing to insist the owner cut the weeds and otherwise control its overgrowth. Without knowing for sure, we suspect the present owner acquired ownership because monies were owed to him by the previous owner for architectural services, or there may be some contingency involved upon obtaining the variance. In any event we wish to call to the Board's attention the fact that this man has not done one thing to improve or maintain the site. It is presently a mess. The City of Lake Oswego should insist that he maintain this property in the same manner as they would expect of any other vacant piece of land. If this man is actually what he would have us believe then he should have enough pride in the community to have cleaned up his property. Had he done so and had he indicated that he was sincere in what he was proposing to do then I believe �_.._ , the neighbors, and ourselves, would have been more amiable towards him. As it is now i wouldn't believe anything he says. Furthermore, this man is proposing something he cannot control. Neither he nor the City of Lake Oswego has any control over what the new owner of a dwelling and of the property would do. We hope the Board will, ONCE AGAIN, refuse to grant this variance and that if they do the Board- will take action to keep this matter from reappering. It seems that someone is simply trying to wear down the neighborhood and I frankly find that disgusting. We also hope the Board will instruct the City Manager to order the property cleaned Up. The previous owner, and I suspect the current one, has very little if any money at all invested in this property. They should deed it to the City or 1Fe neighbor- hood and let it remain what it was and could be again. Thank you for yoUr patience in reading through this letter. • SincX ✓ Urs, a rence M. and Mary J. Coo'ksey • / 1269 Lake Gard Court , . ✓ Lake Oswego, egon 97034 � 1 • 2 • i1 WILLIAM M.ROSS,M.D. WALTER E.NORTON,M.D. DAVID R.BLESSING,M. - . _ . • GREGORY M.KNOPF, UM r . BRUCE C.DOUGLAS,M. .L 2 1989 Physicians and Surgeons 7650 S,E,DivIslon Street • Portland,Oregon 07206 7748527 1Oct7C(AaiAdt rkl 61 g1c9 l.olice oskARria ap_g73 3 �.. 12:67: Cctm.nle Vav2 19-ecl es-poltcArk: (2E6t* evenon PybfeAk LUAU*: haeSCLn.64ACtptoo 2 It_ Scc , rnc.-c— "17l)c for lo60 SIRS IAA% . — • As - C(.i&?.. Yk.suctnleke'I't, 'MgL- • . ctt E. voilic0.6.) o C l,al,u Gam c ± , • • , mg .Ca,,m,lt,\ amix r LL u t k t LLk -(z, `. Atttsler �rms- not.Po� o- e_-ci v.-4a 1442, pYclYsrgcl atkon, I pov,8 thDu cev►ktruf am4)._au c A rel eat ,\gca h� ecln ck. s ca ptcic.t; t 1,t.tei4 tfrk auc.L._ C Wc11 co atA.fs) 10 UiJ �-� C fe eca O4a dUcltoc�t) s\v t Lk\ 1 ' . (we wttthect. .,tt ,CL ek1AxO.Ktkr.t,) l ' 44 EXHIBIT e ?3 —wl�t b ' I. t 1' LAKE GARDEN COURT - BUILDING LOT 13 , Variance Application VEGETATION INVENTORY (See Site Plan for Locations) r Wetland Vegetation t. Item/ Species Type Height Quantity Comments Location Name Description 1 Cattail Aquatic 5-7 Ft. All areas To remain reed some thinning 2 Red Canary Aquatic 2-4 Ft. All edges To remain Grass reed nE pond cuth and thin 3 Polygonum Aquatic 2-12 In. All areas To remain ground cover of pond cut and thin Upland Vegetation - (Located on Island) . 4 Oak Tree( 1) 30 Ft. 1 only 12" diameter To remain 5 Shore Pine Tree/shrub 6-20 Ft, 4 To remain 6 Rhododendron Shrub 4-8 Ft. 5 To remain 7 St. Johns Wort Ground 1-2 Ft. West end To remain Upland Plants on Perimeter Banks 8 Red Fescue Grass 1-5 Ft. All areas To be rut Short . a 9 Rye Grass 3-5 Ft. All areas To be rut short . . 1 10 Hawk Weed Weed 1-3 Ft. Various To be removed 'I locations + 11 Thistle Thorny weed 3-4 Ft. Various To be removed locations 12 Morning Glory Vine 3-4 Ft. Various To remain locations along fence . 13 Blackberry Vine 3-6 Ft. Along north To he removedt i hank 14 Red Clover Grass 6-12 In. Along north To remain bank I... , 15 Oxide Daisy Wild flower 1-2 Ft. Along north To remain hank 16 Soft Rush Shrub 3-5 Ft. At north/ To remain west banks • 17 Velvet Grass Grass 3-4 Ft. At West T,i remain bank cut and thin 18 Nutka Roe; FloWering 4-5 Ft. At north To remain bush hank 19 Scowlers Tree cluster 15-25 Ft, North hank 3"-6" diamt '' 4 ;� • Willow to remain • 20 Pacific Red Tree(1) 20 FT. North bank To be removed 00 + - . Willow for dLlveway 21 Black Tree(2) 15-30 Ft. North hank 6" dlam to be , '1 Cottonwood removed for i?�'; driveway ;. 1" to remain 22 Discarded grass and shrub clippings from neighborhood :itf c* t to ,,, the lack of maintenance and respect. 1`. 1Jo• uP x, h \ A .-----..., I\ woo ts t r; l 730. - .. 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[44k.`-•-..-/-, -.-, ,NI,A .K...1,. x-6-,.,,1R•-44. ,,iir,„,)#, rJ,l'1 ii, ,.,.....•,..'...t.,:.,...:,,...::..., 01-- ;,,lt Heed X1, '. o7 j" r �I yt Twin Pointe //'' -At _ �+ 1f{ ,� F t; r.. - 99 f41;14Ig �.� G. 71 e' �'�i:�iY`�' '5 '_ \Int i—+ .1,.,. 1 i/: .�'I 1 `r: T • Y" ,N-`rr .s R Mares .I�l it 1\ "'� 't. 1 ' • r :+. � T ' � . l ��I��e- eV�_ I���`; 0 f b.•., � � r �t r° O,rw�`� 1 ,' I LA er t, , �l ; � 1 t:4.. `. _ d `� ,: ,1, x, w ,y• '''/ �I.�......, 1 , f� I �r�l /i SIT j �1 • 1 , y `'^'� r. ., 4 • ,/�'►.' 11 i �.••� �k ,I�1 ��^^^���/y ,ilt J t (, '', v� ••Vi—t yr, .`ab.`P ,Bh` r • ,� , ftm . :ti s6 L ""Gch 'T 4 /0 rill', " ": ` '* ,•,, +��,1� ,,.• • �Jb_h(3P4 1' `1'�0 1 - r 1 d • r + d ;> LAKE GARDEN GT Slra !-oiTIoN x 1 O SO/L B�DRO G/.-A /Ff • r— .S i ,.. — (4/s) (Tch) , '' ,:t# ", J:4 •• e ,i f r ° Table 1Ceoingir•writ I s,polentia/hazard nowt/wn'estern Clackamas County, Oregon t\ a r POTENTIAL PROBLEM RATING HAZARD ® High or great It •tit ® Moderate o o t t.' c 3 L. i O Low or small c ,° `o 0 ` 4 r O1 = o c o None $ -o rn t o - a, = .c " c ( _ I 'n 3 _ I c a 7'i '. 74 E ' E c c o o ' r GEOLOGIC UNIT a N 13 o s v o a! o t U of 1- S W in ,v1 Le • ':f Alluvium Qal — 0 0 0 0 9 ti. Organic soil(on hazards maps) — — Willamette Silt — ® ® — ® 0 Q � + Qws -- Q Q 0 0 0 — Q Q (11, Q 0 Lecustrine and fluvial sediments QIs r 100000 — iii) Q ® QQ J Deltaic gravels Qdg -- 0 0000000 Pleistocene terrace Qpt Q 0 ® Q Eolian silt Q ® 0 Qes — ® 0 0 0 0 0 0 — 0 , ` . ' Pliocene-Pleistocene gravel Q �J Blloce Lava P9 Q 0 0 0 — 0 0 0 -- 0 0 0 Qtb G� 0 0 r Troutdale Formation' Tpi 0 ® 0 i' Sandy River Mudstone _ 0 0 L1 Tsr 0 ® ® ® 0 ® Q ® Q �; Sardine Formation Tsa Columbia River Basalt Group Tcr 0 Q 0121 5kamanio Volcanics Tsv 0 0 0 — _ j� 00 " .ar ,: „,. s •i: i 1 _ 4l r f' i;♦ v • ' ,, ;r , <,. r r i—1 Columbia River Basalt Group(Tcr) The Columbia River Basalt Group is exposed along informally called the Vantage horizon (Beeson and , ' Oatfield Heights Ridge from the Clackamas River to others, 1975). Where-,the bedding dips adversely(out ,_; Milwaukie (Figure 6), from West Linn to Oswego of the cut face)at about 10°or more,but less steeply 'i• Lake, and on Pete's Mountain. It also occurs in the than the cut face,bedding plane slides can be expected "I subsurface of much of the remainer of the County. to occur(Figures 7 and 8),This not only affects the cut " .' .' In outcrop, the Columbia River Basalt Group is a area, but surface failure can progress upslope and series of lava flows whose individual thicknesses cause damage in those areas.The Vantage horizon is e range from 15 to 150 ft.The total thickness of the unit particularly significant with regard to bedding plane is about 975 ft. Individual flows have been found to slides, ;� „ extend for great distances with no apparent changes in The Vantage horizon is an easily recognized weath- .r thickness or chemical character. Numerous workers Bring and soil zone at the top of the Grand Ronde . j have mapped flows on the Columbia Plateau, and flows of the Columbia River Basalt Group.Deforina- , y, 6 ` `' Beeson and others(1975)have identified and mapped tion during Columbia River basalt time produced low, .,.',; i • :,', several flows in the Portland area. marshy areas where small lakes and forests de- •'.r ,, Flows are often separated by thin,red-baked soil veloped. Prior to emplacement of later lavas, a thin .•, soil developed over the carbonaceous sediments.This •` zones,but in some instances by tuff beds,gravels,or .' thick soils that supported stands of large timber during horizon has been recognized by workers in the Port- the Miocene. In the vicinity of Oregon City,thin red land-Clackamas area(Beeson and others, 1975, 1976; t soil zones are exposed in highway roadcuts, In gen- Anderson, 1978). Soil character and slope stability ` ` r eral,thick flows of the Columbia River Basalt Group need to be considered when developing the Vantage t+ have a lower portion composed of fine-grained to interbed exposures(Figure 9). glassy rock which cooled rapidly, a middle zone of In addition,steep to vertical rock faces in Colum- columnar jointed rock,and an upper zone of vesicular bia River basalt often produce rockfall (Figure 10). For example, major roadcuts on Highway 99E have i'" ''' or scoriaceous rock, often deeply Weathered to a experienced rockfall problems in the past. r ' `. punky rock of gray to brown color,mostly altered to ; •. clay containing the white outlines of plagioclase crys- 4 r* tals. • '' The Columbia River Basalt Group was gently folded and faulted prior to the deposition of younger sedimentary Units and lavas, In areas of downwarp, 'I the basalts are deeply buried,but in topographically high areas,they are laterized to a reddish clay contain- ing large spheroidally weathered boulders and blocks. I, The Columbia River Basalt Group overlies lower • Miocene and older sediments and volcanic rocks. It overlies the Skamania Volcanic Series along the Wil- 'i* • lamette River south of Oregon City. At Oregon City ,, •,t, and eastward it is overlain by the Sandy River Mud- ' r , a ` • stone,or where that is missing,the Troutdale Forma- tion or Boring Lava,The age of the Columbia River 4': Basalt Group,based on stratigraphic relationships and age dating,is middle Miocene. . (11 Engineering characteristics: Exposures of un- `} +s , weathered Columbia River basalt make ideal sources `. for road metal or basalt aggregate.Much of the rock is 1 ' 3 moderately close jointed and during blasting and exca- vation breaks into sizes that can be handled by a small- jawed crusher, Scoriaceous, glassy, or blocky and deeply weathered rocks present in some exposures arc ' ''`, 1 t not as suitable for aggregate.Partially weathered rock, ?' , however,can be used for select embankment. Saprolite often occurs irrsoil interbeds within the basalt, and one extensive zone of thick saprolite is d I 4.$ .11 1 Ala J , S fii y ytr. ''f. y , P Lacustrine sediments t The lacustrine sediments include silt deposited in } ? ` the Willamette Valleyand sand and pEngineering characteristics:The lacustrine de- r ra t•" gravel deposits in posits have widely variable characteristics,depending 'r;:'. ',, " and near Portland. upon the various depositional environments during the t, ,+" r';' The deposits are twofold (Allison, 1978a). The late Pleistocene flood.Composition,slope,and thick- early phase sediments represented by the Willamette ness,in turn,are highly variable.In general,the gravel Silt were deposited between 34,410±3,450 years B.P. makes good aggregate.ggregate, but large boulders in some of 1 • )' t° (Glenn, 1965),The late phase sediments described in the deposits create considerable waste and problems y. this report as lacustrine sand and deltaic gravel are a of disposal, product of the Missoula Flood, considered to have Excavations in this unit will stand vertically in ' , yr r f ` occurred about 13,500 years B,P, shallow gravel excavations; stability is less for the Lacustrine sands(pls):Torrential flood sand and silt, Excavations as shallow as 5 ft can fail of sandsdsoccur):Torrential within aa 2-ood depositsep belt suddenly and must be braced. In low areas,excava- 4' %"; tions may be partially filled with water,The strength , fi r along the Willamette River from Oregon City to Lake Oswego and also in the area north of Canby. The ofb sides eor anwater excavatione will frombe decreased considers ' 1'r '' surface of the deposits is irregular, containing low ably where seeps the sidewalls or is parallel ridges and small closed depressions. present in the bottom of the trench, lyi 4' The sands arc well exposed in several pit excava- Foundation of the gravel is adequate for mosg" L t+ 'r tions located a short distance north and east of Onion structures;however,exploration must be done at each L , '. Flat(Figure 20).Here the sands are at least 50 ft thick site to determine the conditions. The presence of a ` f .,i and are medium to coarse grained.Thin,pebbly lenses large boulder or block of basalt in shallow foundations �' , are present. They contain a few limonite pebbles, can result in differential settlement-Sand and silt units1. '� a .I scattered cobbles of basalt,and rare cobbles of granite will provide adequate support for light to moderate :;..:' °r y ` ' Y' and quartzite, The granite and quartzite clasts are foundation loads;however,exploration and testing are probably redeposited erratics from the upper Colum- necessary to provide data for design criteria. 5 ,,1 bin River drainage. Modogrounerate ��� r' a ,,,,, Deltaic bedding with moderately dipping foresets is tamed from this unit. In areas adjacent wateto deep excer can be l- 74t �+ , common.The stands are clean and,with the exception vation, contamination Can occur from infiltration of N I'' + ,r of the pebble and cobble lenses,well sorted.Sand-size surface water and pollutants(Figure 23). w " r . ,',� ' lithic volcanic clasts, quartz, and feldspar predomi- Gravel within the unit makes good quality aggro- + , r!I 3j Hate. gate. Areas mapped as Willamette Silt having gravel production may be thin silt overlying or interbedded j+ with deltic gravels(Qdg).The rock is of good quality l'� r, but may need washing to eliminate clay particles, ..` 1. • i ,r1' f ' w' y r(T , r ,,.. a a W . tY.:;" t Y1 V,' , 1 ,' Y t'• .r M. t t a:, ' Fw,. Yr 'f d p �� ♦ , f ., +� 'r, r, f r N r 'r d 4� , I '!.I-♦ 1 t .a ', ,Y >3 ' ly .', ,t v ry ,, •tit ...# N• . .d,'I n� .. ,_. .F,. a .�." *'� -� .. f +°!;I}'�.y 1 ,l `. ,e.'', 4 .. _,dq: '. :.I+.- ��+' .. _,. , a'�':a :.�• ri'.' f• y'r .. . } ... .. a .i . k:: l f... '' 1 ry i 4 y1 'f e ' • U t ''rri _ i ' 4 CITY OF LAKE OSWEGO 1�f j `` October 4, 1988 ` •sr Tv Larry May i!a or J�1 „ Chief Appraiser `•^' Clackamas County , 168 Warner-Milne Road °y r + Oregon City, OR 97045 "`5 �I Vr,, a RE: Tax Lot 1000 of Tax Map 2 lE 3CC t .1 ''.'". ' ,:'-',, I. Dear Mr. May: r:;a ;,, The above noted tax lot consists of approximately 27,007 k ; , ., 1 square feet, the majority of which is under water. In 1981, ' following legal action initiated by neighboring property "..,< ? owners to prevent the issuance of a building permit, the Circuit Court found that issuance of a building permit met ¢ '• all legal requirements and ordered the City to issue the "r, ,' i'.' permit. Following the court's ruling, the property owner ,' 4. did not pursue the building permit. g' In September, 1981, the City adopted a new Development Code . and Development Standards. The Development Standards .. ,".,„, include a standard regulating development in wetlands. The City's Development Review Board has determined that the t ' ,' ',;, proposed development of a single family residence on the lot • ' fu + r. does not comply with a portion of the Wetlands Standard and, ` ` " 't' 1 .. therefore, the property owner must reques' and obtain a variance to that standard before the City can issue a ' i" building permit. That decision is appealable to the City r Council. S , , If you have any questions about this situation, please do + ?•; not hesitate to contact me at 635-0266. ! + r C , f jNi ; ' Sincerely, '" a' ,,,,,le.,-';,., , 'x S'• 1/ w k,Surd- Karen M. Scott r ) Assistant City Manager r F.'� I, -4` ) ', Planning and Development < + , Yr 4sl M �t" , r cc: Robert Evenson u ' r '' :y, ni ' .r s, ; r 47. „t40 r* .'p ':• 14r .OR1H 51ATt STRIIT . pnto on ICI Hox 1'•') I A1,I ()SN'It,Q P)klfp..wow t iltlt l U 1) ), • • to ' r 6%:*4'I. 4) r ' m r� ' h e A}t x y '' -`� !';� ' ',„ .1 1,f • , 5-�k t+ t h f , n, q ,, � -,I i y.' rl qa� t, •', + '. , l . 1. i. , k ,,'' ,! ,: , A'i 4 r itq % d l t , k �^• u 1 , r ,0,i A' ' r. - 4 1 +- ti V j .1 . , i�' '� l �'�r ..,iF . r , j , rv, 1 J Rrr.yt _h: °+ f.Yl. vim. . hand Wildlife , , Department of Fis WILGOLDSCHWM COLUMBIA REGION • 77 2 < d y, January 9, 1989 VI' - !'_ . it .1 Mr. Robezt Evenson + Architects AIA c eta < _ 510 NW Third Avenue friN GCCR P 04' E y= Portland, OR 97209 +° C ^4, Dear Mrs Evenson: ti Reference is made to your proposal to build a house on Lot 13, Lake Garden Court, .A.. '• '< and the landscape design done by Michele Zimmerman. I have never been concerned , about maintaining wetland habitat with the building of a house on the lot. "., However, I am concerned that the existing wildlife use could potentially drop dramatically regardless of the landscape plan that is developed. +„ You cannot take a small wetland that is now isolated and protected from people S''^ x"' { r' *ith a fe•+ce and expect to maintain its present unique value by putt',ng a residence inside. The problem is that there is simply no control over the use A of this small wetland once a dwelling is on the site and access is no longer controlled, „ 44 i4 Bird species) unique to the area, such as woodducks are secretive by nature and would '' ' r�" Li h+ probably leave site. 1*. The best interest to the community would obviously be to have this site preserved � ' , m (s ,' ' ? as a small city park for passive nature studies. I hope a solution to this Mn' problem can be worked out by the parties involved, w '� ` , Sincerely, . L 1•, a. ,Zi 2 1 A 'fit /`r' Y Gene Herb p, ,•` District Wildlife Biologist ' (f dd ' . ,,,1 C: City of Lake Oswego Michele Zimmerman ° `• Division of State Lands '" Mike Houck (Portland Audubon Society) R' E ..,, r eY trb , 4. , t k 'r , ''• . ._,,. l/ , . a. ",, )l , �.. , d 1 i �� 14 �s - 1 . ,,, , t $ A' I B ? 4I 7 II + g /#'• =S a' ` f,t, I�Efl. 3" 1 `._.�' Y yk3 f § 4 til. ..^ '' . ''',7411,. 00 (40 1 Q° __-:,-`-'1:,,,_.---1° 0 cpit--,,,, 0 t ,. PM8( rloya 1104—......., Jig 92 �fN ay. • �+ ^� ' f [I, rl, ..„ ,‘,..,,.. .. ,,, , ..y,, • IE., i ,,:, ' t Pliltii,„'"F4 - !tRI�11 � iYr .•:.... 1 1 ..�� �-"� +� G-I �� �i • 1... Y iii _ �' T i yr. .1 • y i '�4111 L�ttt '47 - i Ir la= c 44 1 , 0 a 4:V.ft4S. 61 Oa& 11+01r-Ar\ ..,•*-41i, . ,„, , ,,.,:: f , .yam/ ' \ ,tj. s' ,rV'1.••. MqiV ' 1 r 1 ii; , 'N.,‘,.1., ,i',' a 41 ..0 , .zityrrai.„44;* \ 41, 00 ..... ..., i,,",t . : \tilkilltel \ t • ill t If r n, - f` i'y. - 1�. r �?�- a ;t'a .. f. 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' r. 1-...,,,,,,,,,_'. ''..••• •',..2.,•4•1:t... - '1 ., •'',• , •' , I41 ,K,„,', ',:,''. ' " , ; ' r. '.,.^ '''... '. .'' - 4 ;• .1.47.0r..1., .r:.‘: ,'" :.' • i .:_d.. 4,',„1/4* . . l'. ' ,.' .,,, '.,::: , , „. '0,:-.' .,.,'? *:.'•;*- .,.* 0, -:.7,,.!,4 .,• /,:re'' ' ' ••,.t;,t,2.A'••-• ,11••,:riitt. r.." ' " • • ,,.., . , , , J• ,' , . ,' keiti- . .ry,,.144 ' . '' , 7'',. . ; •e;• I - . , „..- • .. •'. ",•' „.•' ‘,- ,- ,. • •, . ,• •41,4,4t • t • •".•,,A0•;:. , .,,,,,,,,,-,4 , ., •.•,, .,,,,' , ....0: . . • •4-, •, • •,••,', . . ., •,•••':'4, ,' '.. ' ','' •• , ' , '- " .:'.•,•.:- " . . ' * • • ' ' . , .. i.. 1 .. ,„,,,,:, 1 I �L1)^ s\` i 5` i. n• CITY OF LAKE OSWEGO .41 a October 4, 1988 r' ` " Larry May h;}y1 ; Chief Appraiser Clackamas County 168 Warner-Milne Road dJ{) Oregon City, OR 97045 , ,. RE: Tax Lot 1000 of Tax Map 2 lE 3CC tt ` ,, ' • Dear Mr. May: The above noted tax lot consists of approximately 27,007 square feet, the majority of which is under water. In 1981, following legal action initiated by neighboring property „* owners to prevent the issuance of a building permit, the Circuit Court found that issuance of a building permit met all legal requirements and ordered the City to issue the .yy i + .•,t • permit. Following the court's ruling, the property owner did not pursue the building permit. In September, 1981, the City adopted a new Development Code and Development Standards. The Development Standards r+ ; include a standard regulating development in wetlands. The - a• l r 4 • City's Development Review Board has determined that the �" proposed development of a single family residence on the lot 2`'Y' t. . :; does not comply with a portion of the Wetlands Standard and therefore, the property owner must request and obtain a ``' variance to that standard before the City can issue a " building permit. That decision is ap pealable to the City ' Council. +; If you have any questions about this situation, please do +.,. not hesitate to contu�t me at 635-0266. y, Sincerely, k ', • L V, Karen M. Scott '' Assistant City Manager Planning and Development cc: Robert Evenson , t!,:. ".V+7"g{renk`r-fpr 7�� 2v 1 w} ; � 1 jS 1 y M1 . 14..'.f)k1H 51A11 SIRI11. pot'onlcl MX 101 I AM ()Witt.) f)Rlyd)ti Irma t1114,1 U 11 . aj :.1. h.� DO • Department of Fish and Wildlife . r/ COLUMBIA REGIONr NE4 OOLOSCNMIOr 1 \ ♦ OOVlPHOP f � January 9, 1989 1 r'1,� •e .r• 1 Mr. Robert Evenson Architects AIA [_ i ' 510 NW Third Avenue Ir� CcucAl e oil?) ay:- < •'i Portland, OR 97209 r7 Dear Mr. Evenson: t { ` ' f Reference is made to your proposal to build a house on Lot 13, Lake Garden Court, v' ' and the landscape design done by Michele Zimmerman. I have never been concerned ° "' about maintaining wetland habitat with the building of a house on the lot. 41, However, I am concerned that the existing wildlife use could potentially drop :!P. dramatically regardless of the landscape plan that is developed. ' , aa,•, • You cannot take a small wetland that is now isolated and protected from people ?t 1,, , t v:i th a fe•,ce and expect to maintain its present unique value by putt'ng a 11 '''I'1',' 4\( residence inside. The problem is that there is si.lply no control over the use ,b,„•+;", of this small wetland once a dwelling is on the Hite and access is no longer a7;' • controlled. ''•'•" Y vfl rX '.1 ,,, t'' Bird species, unique to the area, such as woodducks are secretive by nature and would probably leave site. ,` .t, The best interest to the community would obviously be to have this site preserved y + as a small city park for passive nature studies. I hope a solution to this Pct' �, problem can be worked out by the parties involved. \ Sincerely, L` ^r7 ', el 4''' Gene Herb District Wildlife Biologist ' 7s,' ' dd C: City of Lake Oswego Michele Zimmerman ' Division of State Lands Mike Houck (Portland Audubon Society) 41..E '�}1� 14 i 11:G� } It t (,� '.:' t , I r-t y 1 6 '�" 4r '1 r _ 1 1 n ,t • ( _ y_.— % 1_ii±i leb__• ; 1 i i,t i S Lp g`l t i. �--� 1w 1 :$ :t1 i1i [ �iTa� 14 i3 5 a I37. �� 1 E i ti i.+S, • • 1 PMB y41u1°NI uo1 4 1 A l _ Ig'* ` q li Lt 1 f 411. ;.�_ p 1 3 8 :a ofir, *441110 44 %11 ii it 4it 11.J \ Ilakk4:1 111 V i V;11,ei:°.''''' "/4 ' 'W" &kr 's • c 0%, 0. 104 ,S ,,,,,_*1;,4 411,1.4.414,111, 4 8 0,_ ../0 Ili .6, t ...."lot . 0.6 ., 1 Ili. .4.;,( * \ NI �+ yr 4; v " .;.. I s*‘.4014 # J I .i. ri 4i. 0 S..4' P./.• ff*, `'?' r t#i y 4i �J �• �� ry I 1 ) 4P 1,,,iiii744...,a Ow, N'1* * „,,,,f, (.J o0 n b=zwoilli f� t i , 3 • ; . 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Z. 7'i.,.: '�,.,W 1:,t 7 r:;:. r., r STAFF REPORT Sp r 4 1 Sd ^ 1 . , f� .1 CITY OF LAKE OSWEGO , , . LAND DEVELOPMENT SERVICES DIVISION — — APPLICANT FILE NO. : 1 ' John & Sandi Hanna VAR 22-89(a-b) • STAFF: :'1 : PROPERTY OWNER: 0'., ' ,+ r John & Sandi Hanna Michael R. Wheeler r nS' LEGAL DESCRIPTION: DATE OF REPORT: �� Tax Lot 8100, 8200 of June 23, 1989 " '; Tax Map 2 lE 3DB LOCATION: DATE OF HEARING: `_�', West side of 5th .St. , July 5, 1989 between "D" & "E" Avenues COMP. PLAN DESIGNATION: ZONING DESIGNATION: R-7.5 R-7.5 NEIGHBORHOOD ASSOCIATION: First Addition t �+ j I. APPLICANT'S REQUEST The applicants are seeking approval ,of two variances, as follows: a) Approval of a Class 2 variance to the restrictions placed on nonconforming structures which do not allow for any increase in the nonconformity of said f structures (LOC 48.700(2) (b)) ; and '` 'I b) Approval of a 25 foot Class 2 variance to the ,, + -; ? required 25 foot rear yard setback in an R-7.5 1 ,,°'' : ",: residential zone (LOC 48.215(1)J. 1 1 4�%� I, The applicants propose to remodel and enlarge the 1 ', existing dwelling on the site. 1 s r VAR 22-89(a-b) p ; ',''' ''', -1, Page 1 of 6 - •, e' 1 a 4 5` d 4 l' ' - Ji 1) $ ., 1 S. 'i,y } 1 + A k; ' u'4 1 "£ 4' II. APPLICABLE REGULATIONS A. City of Lake Oswego Zoning Code: LQC 48.195-48.225 R-7.5 Zone Description LOC 48.650 Authorization to Grant Variances LOC 48.655 Classification of Variances LOC 48.690 Action on Class 2 Variance Application k.r,' LOC 48.810 Quasi-Judicial Evidentiary Hearing Procedures LOC 48.815 Criteria for Approval B. City of Lake Oswego Comprehensive Plan Policies: Impact Management Policies - General Policy I, General Policy II Wildlife Habitat Policies - General Policy II Energy Conservation Policies - General Policy II III. FINDINGS A. Existing Conditions: 1. The site is composed of 12,000 square feet, in a rectangular configuration located on the • west sides of Fifth Street, between "D" and "E" • Avenues. 2. A single-family dwelling is located on the site as shown in Exhibit 4. A detached garage is located on the rear lot line along the alley. 3. A large Douglas-fir tree is located in the southeast corner of the front yard of the dwelling. B. Background: The applicants received approval of VAR 31-88(a-b) on August 15, 1988. The approved variances were as follows: VAR 22-89(a-b) Page 2 of 6 0 ' a. Approval of a Class 2 variance to the restrictions placed on nonconforming structures, which do not allow for any increase in the a' nonconformity of said structures ' [LOC 48.700(2) (b)] ; and b. Approval of an 8.4 foot Class 2 variance to the required 25' rear yard setback in an R-7.5 '+ residential zone [LOC 48.215(1) 1 . • The applicants proposed to add a two-story addition to the existing dwelling. The addit16n was proposed to house a family room, three bedrooms and a bath. The existing dwelling maintains a 16'7" rear yard setback. The addition was proposed to be no closer to the rear property line than the existing dwelling. . C. Proposal: The applicants are proposing to improve their • existing dwelling in a different configuration than had been approved earlier. Specifically, the ' '1 applicants propose to utilize the second story of an , existing garage as habitable space and provide an . f addition to link the existing dwelling to the existing garage. Two variances are required to , 'i ; achieve this proposal. D. Compliance with Criteria for Approval: As per LOC 48.815, the Development Review Board must consider the following criteria when evaluating a Class 2 variances 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has provided sufficient materials with which to evaluate the request, as evidenced by the exhibits. 2. ror any development application to be approved, it shall first be established that the proposal conforms to', a. The City's Comprehensive Plan; • Applicable policy groups are as follows: VAR 22-89(a-b) Page 3 of 6 Impact Management Policies These policies require protection of natural resources from development and comprehensive review of development proposals. These policies are implemented in part through the Tree Cutting Ordinance addressed further below. The policies require assurance that trees be protected from removal. Compliance with the Tree Cutting Ordinance reviewed below will assure conformance to these Plan policies. Wildlife Habitat Policies These policies require protection of upland habitat in the form of preserved natural vegetation. The Tree Cutting Ordinance is reviewed in this report, following an analysis of the applicable Plan policies. This Ordinance implements these policies for this site. Energy Conservation Policies These policies encourage energy conservation through solar orientation and site planning, which takes into account the site's natural features. These policies are now implemented through the City's Solar Access Ordinance (LOC Chapter 57) , which will be reviewed further below. • b. The applicable statutory and Code requirements and regulations, including: • i. For variance applications, the standards found in LOC 40.650. Solar Access Ordinance Construction of the proposed addition must comply with the Solar Balance Point provisions of the Solar Access Ordinance (LOC 57.050-57.090) . Staff has reviewed the proposal and compliance is achieved by the proposed structure. VAR 22-89(a-b) "' Page 4 of 6 i V o Tree Cutting Ordinance The Tree Cutting Ordinance is designed to protect wildlife habitat and other natural systems. The ordinance allows removal of those trees necessary for construction of an improvement. The large Douglas-fir tree at the front of the site is not affected by the proposal and will remain. a. The request is necessary to prevent unnecessary hardship; The applicants seek the variances to enlarge their family home, located on two platted lots in the First Addition (plat) . The applicants note that the property has been in the family for three generations and that the neighborhood has been developed with homes similar in size to that which the applicants propose. The applicants have illustrated that a hardship exists due to the size limitations of the dwelling, as well as the desire to maintain the architectural style of this fourth generation residence. The existing Douglas-- fir limits construction possibilities to the east, as does the presence of the dwelling's existing plumbing core at the rear of the structure. b. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; Due to the size of the site and the fact • that the proposed addition will be no closer to the rear property line than the existing two-story garage, no injury to neighboring properties is anticipated. c. The request is the minimum variance necessary to make reasonable use of the . property; Due to the presence of the existing garage at the rear property line and the fact that the applicants propose an addition whose *� VAR 22-89(a-b) Page 5 of 6 roof will join the garage roof at the existing ridge, the request is the minimum necessary to continue what has been a reasonable use of the property. The location of the plumbing core at the rear of the existing dwelling make expansion of the dwelling elsewhere on the lot a less practical solution, which would increase construction costs. d. The request is not in conflict with the Comprehensive Plan. A review of applicable policy groups has been performed earlier in this report. The proposal does not conflict with any of the policies of the Comprehensive Plan. IV. CONCLUSION The applicants' request satisfies each of the four applicable variance criteria as proposed. • IV. RECOMMENDATION Staff recommends approval of VAR 22-89(a-b) , as submitted. Exhibits ' 1. Tax Map 2. Applicants' Narrative 3. Letter from Shoop, dated May, 1989 4. Site Plan, First and Second Floor Plans 5. Elevations 6. Staff Report, VAR 31-88(a-b) , dated July 22, 1988 7. Findings, VAR 31-88(a-b)-591, dated August 15, 1988 VAR 22-89(a-b) " Page 6 of 6 • -��,, a 27 z 1606'. ,c,,\` 3100 0 ,, Iy 'Hs I 894 -4--- 2% aet t 1°I3 ti y, 4 r701 .. ' 's"1500�e,c,``'‘‘ fIss ',1 2600.' 3 F-- 12 I1:----.._ 3 Ito Rsl,v'vi° _ I tit ;° 84e LV 1� — i �,00. ir 1 1 . :1400 2 �, 900 r 'Y�f C<<t�� ��.. ° Is00 '' 852 ,.•490 C ,.‘� 140p ;240p 5 Cn 1y;a3t 5 �� 1300 r' e°�° 10 }.. , 144 `.r.1 834 — - 4' 2000 ti �.Lr 600 -1 . —�3�+;, • 200 6 �� 9 e2t , I°100 ; a41 L �� �s19 5 ata Cr :: 0 ro 210p ti 700 Ca 7 C ah 1100 4 �' a21 300 M 8 S a1s 8 S ado 220p �� ti 800 r 54s 1 100n, 0 5 e15 / / o- - �dls }" 7 .a., ' I° ao4 �900 U * 6 nan a ,100 1 72 00" ,er6..F ---�s�_ � ao4 alo �a. 73 ;' ^1' j`;10` 2r Ir'619$�pp �C�� )*1' 9501/" AVENUE ``'— , le4 0 17 ti 792 , e�`{�1 6pp' / ;1 �'~40 a r 15 e° . 8500 I I 16 191 , 9300 ' 700p —f� r -- 754 tsd 7400 ' ,° 8700 J 4 769 2 )5 /as 1 I ��. I �+��q 14 ` 8400 y1� YI y 1 \ 6900 7800 I y 8800 'r 14a~(�- '. ; tss 83 te9 5 I S (.� t5400 14��� ,I ti `S :'68 � � I 76 �! 11 89 +• 1 � ':4 00'`-r... 5;" 112 14 00 8200 '' la° 1s 00 "=� �I ° _ ,. , .7 -== 6.,' 07 rr O`` �� i r- ; 9000 ----f ' �, !j 67 � g in lik iti 13S ``"- ql+�' lzo 0 '� �0 VUm 1i 2 •• a .! IT -�— 'fivt° t J. ; 'I125 1 5; 8600 7. ,1p7800 80p0 W 1 f y1 t,° 92p y 8 2Igo 59s 7s`�-�"---00 .. 4e!010 ° '---- 6 ° .r L ��J " 1os 1— I , 1 ,r'' ..�� `J `� --;tom 7 13 8 `"7 --: �� ti r r ey ..-- l 1340164 M8 -�. If , 54 �"�-." - AVENUE L. , .16 ;f t2200 -8"FIATES 13300 '-1 f--. ! 12100 h. 1G51AHZ' '; dd! TRYON I • - '., • 1 1 s95 C.L . — ..-� 3yy - 1 FRANKLiN:{{ 10 ,1 '110.- 0, ii 1 -...-' Sr ; 12063 -4 t fo- .0-1/3 b '. , 1, I0 -�_"" u jq 41 r 1230p 2 r15 sd! h° 4 6 v 1. 13z 0 14 to ti i �"- -1 2 71 13 14 'se 00 ,q n I.. 11100 IS h lin.' .+,1... . r ° • 744 Fifth Street is a family home in the first addition • residential area. It is presently owned by the third generation of the Shipley family. Since we no4 have three children residing in a two bedroom, two bath house, we have a great need to expand. • We have previously been granted a variance to expand to the north to achieve the required needs for our family. In order to investigate all our options, we contacted a second • • architect. His feelings were to utilize the southern part of the property to more fully optimize the benefits the property has to offer. He also felt this would be more in keeping with the character of the house and the neighborhood. We are in agreement with his opinions and are therefore applying for a second variance. • We feel our request is necessary because of the number of people residing in this house. Selling the house and moving • is a possibility but is undesireable because of the emotional attatchment to the house and the neighborhood. This house • was built in 1910 by a member of the Shipley family and has been owned by a member of that family ever since( the fourth generation is now being raised in the house). We feel that selling the house and moving would create an unnecessary hardship. Our proposed changes would include a second story above the rear (west) side of the house and also include the area above the garage. The garage is presently a two story structure. The second floor is being used for craft projects and sewing. We would like to connect the existing second floor garage area to the second story addition and include that area as living quarters. The changes to the main house also require a Variance since it has less than the required setback (16'7"). The additions would include four bedrooms and one bathroom. These changes would be consistent with other structures in the neighborhood. There are numerous residences in the first " addition area that are two stories And of similar size. This is also a double lot (#8100 and #8200) that is impossible to divide. There are numerous structures in our local area that are built on the property line adjacent to the alley. • Since this does not significantly change the footprint of the existing structure, we feel this is a very minimal request. All attempts will be made to maintain the original character of the house. The appearance of the house from Fifth Street will be changed little. Since this request is not changing the residential nature of the house, I do not believe it is in conflict with the comprehensive plan. ,ems, ; At present we have considerable emotional and financial investment in this property. We have also spent a great deal of time trying to maximize the use of this property to fit our expanding needs without changing the character of the house or the neighborhood. We both maintain businesses in the Lake Oswego core area which allows easy access to and • a • from work. These proposed changes would allow us to continue our commitment to Lake Oswego and this neighborhood. . Thank you for your consideration of this request. . SincerYS,l \ John D. Hanna • P ' 1 BENNETT JAMES SHOOP • REGISTERED LANDSCAPE ARCHITECT 01544 S.W. RADCLIFFE COURT PORTLAND, OREGON 97219 ' (503) 836-4392 • May, 1989 To Whom it may concern: In reviewing the proposed addition at 744 5th St. , Lake Oswego, for landscaping, I felt that certain primary principles in • site planning were being overlooked. , A new family room was to be placed adjacent to the North property line, resulting in a two-fold poor condition; that of natural light and one of adjacent useable exterior space. This side of { the house had been used traditionally as a service area and as an off-street hard surface play area. The existing house and garage lay on the Northwesterly section of a 2 lot site. This gives it a unique condition of a large front yard. The southern yard area is a 'very natural area to focus family outdoor activity with its many features, such as a bridged pond and vegetable garden. The new proposed addition eases the impact on adjacent property • with its placement. It is more in keeping with the existing architectural style. Above all, it highlights the uniqueness of the .site allowing the owners full site use while preserving a good neighborhood feeling. Sincerely r, 144kritt/ Senn' Jame d oop ..7 1' 0 ye, • • • • ^i N i ,- -,.‘I J.73111S n p y 0 Q I I r o • •-.W g 0 K 4 _ F •; k Y ip go ~ I :Z! tits —,;Pic: -- tom I ,----- - -, IN0- I �1 4, I 4 MI ihr, n______17111 1 ..u�., 1 14•-..: L.�/s I i' j I; b I- Zi 11;4:11:ZOI k II •+ _ 1 4 1` 11.! i !k I i k1• II � I 1 ' 1 i i II gIF 1 �s'rw - 1 !! �: 3 -_ '1 1 4 lLit : % + a 31t 1 i I I ._a...- 1 , t I. APPLICABLE REGULATIONS A. City of Lake Oswego Zoning Code: LOC 48.195-48.225 R-7.5 Zone Description LOC 48.650 Authorization to Grant Variances • • LOC 48.655 Classification of Variances LOC 48.690 Action on Class 2 Variance Application LOC 48.810 Quasi-Judicial Evidentiary • Hearing Procedures LOC 48.815 Criteria for Approval II. FINDINGS A. Existing Conditions: 1. The site is composed of 12,000 square feet in a rectangular configuration located on the west side of Fifth Street, between "D" and "E" Avenues. 2. A single-family dwelling is located on the site as shown in Exhibit 3. A detached garage is located on the rear lot line along the alley. . B. Proposal: The applicants propose to add a two story addition to the existing dwelling. The addition is proposed to house a family room, three bedrooms and a bath. The existing dwelling maintains a 16'7" rear yard setback. The proposed addition will be no closer to the rear property line than the existing dwelling. 4. 41 B. Compliance with Criteria for Approval: As per LOC 48.815, the Development Review Board must consider the following criteria when evaluating a Class 2 variance: • 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has provided sufficient materials With Which to evaluate the request, as evidenced by the exhibits, 2. For any development application to be approved, it shall first be'established that the proposal conforms to: 1111111111111 VAR 31-88(a-b) Page 2 of 4 ' r • . . a. The City's Comprehensive Plan; i" There are no Plan policies which are applicable to the request. b. The applicable statutory and Code requirements and regulations, including: i. For variance applications, the standards ' found in LOC 48.650. . As per LOC 48.650(1) , the Development Review Board must consider the following criteria when evaluating a request for a Class 2 variance: i a. The request is necessary to prevent unnecessary hardship; The applicants seek the vrriances to enable enlargement of their family home, located on two platted lots in the First Addition (plat) . The applicants note that the property has been in the family for three generations and that the • neighborhood has been developed with homes (i similar in size to that which the applicants propose. Due to the existing floor plan, the applicants feel that their only option, other I , than the proposed addition, is to sell the Id property and seek a larger home elsewhere. The existing plumbing core is located at the rear of the house and contributes to the hardship as perceived by the applicants. b. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; Due to the size of the site and the fact that the proposed addition Will be no closer to the rear property line than the existing dwelling, no injury to neighboring properties is anticipated. c. The request is the minimum variance necessary to make reasonable use of the property; Due to the presence of the existing dwelling 8.4 feet closer to the rear property line and the fact that the applicants propose an addition no 1111111111111 VAR 31-88(a-b) Page 3 of 4 • • closer than the existing, the request is the minimum necessary to continue what has been a reasonable use of the property. The location of the plumbing core at the rear of the existing dwelling makes expansion of the dwelling elsewhere on the lot a less practical solution, • which would increase construction costs. d. The request is not in conflict with the Comprehensive Plan. • There are no Plan policies applicable to the request. D. Conclusion• The applicants' request satisfies each of the four • applicable variance criteria as proposed. • III. RECOMMENDATION Staff recommends approval of VAR 31-88(a-b) , as submitted. • Exhibits 1. Tax Map 2. Applicant's Narrative 3. Site Plan 4. Existing Elevations 5, Proposed Elevations VAR 31-88(a-b) Page 4 of 4 ,� Lov0 12 " n 9t0 Te.:31.41-10:00. ..„„,... 1 4 84a (V •?� 4 >,1 2500re 4 I I 1` 1 00 2, Vecti1 ' a4t 1 1900 8; 852 ,. � " .. 5 ^., 'e3g00 • 10 r b' C 1A4�0 10 ',, ,` 400` a, . sop I 6 :e00p 1 a W 841 4to . I h 613 00 �� 2 .. '� ` 20° ti 700 —=—� 7 8170 • 1►00': 4 e azr 9.,300 +� a ti° s' e16 800"� y ;2200 7 • 5 : d1 , ',20 r . 1000 s 0 • . ,a.. "a.Ld04 0 900 • 4 ' • r, ' 4 6 n 803 `,100 ' 804 .' 610 �raF AI <• r+•• i slo 7300 It 5 710p`~2' 115619s C\� �' S.,8Zoi"- AVENUE • 1 y 6Q ra 2�•'� 85pp 1• 46L7 • — 5," 4 NJ • 82 ,, a `� li 4 00 33 -� ;1 .. 1tT V , ---44-. 47h 67pp~` — Q. Ij rtr yi� �8100 12 ti 110, r ��_ I o 9,00 _� S,� 4 Its "66op �'107 0`-`y 80Qp it, I ,t • 19 , i; 79 L`_�r� 10E7tJ:i 1 8 M. AVENUE, 13406h ---I 4.,r--------, L , ___,:.4_______. zi 4 514 . --.._ �p� 1330 `—� 12100 ,r.•. 1 ?`'µlJE15IQH2' ; 6e3 0TRYON , �" _ _ ,, 69s bL C,. ;I ,1100, '�` l i i, Y 10 .15 FRANrfLINy _ _ CL.G, ; 4to s•. A. 1 !v�� Yi 1� 12000 "'�. (4� ; :f lA rl �,1 1080 ,1 I ,_ 2 6ey R r4r +- �� ''� ,� '� , i ya``ys fw& �,;tIq ...sr• "� 114 ;I ` s c30Q s5 h` h f'1,4:1=3,..4.sn.:.J) N 1 r 132 0 �- �- __ , "1 -y ._._._ -, 2 I' SS h 1 = 13 dsl ,, 12400 —3- 14 ' 166�o EXHIBIT _ 5 657 12641 2 0p ~ S13 41 1► r VA 31-8 ) r =. s ti".,�j•�' 6tr°0 5 �.2 651JI r Iy 616 -_ 44 ..'„ +w 63900 PR' ;i ,. If 633,:;.,' �i B26Qto 12 y.r, . 1 APPLICATION FOR VARIANCE— 744 5TH STREET 1 The house located at 744 5th Street is a two bedroom, two approximately 130�> square feet. This property bath housee of abe family for three has been owned by a member of the Shipley size, generations. Because of an incrinh family tc:size, it tahas te become necessary to expand the present our needs. Our plan is to add a family room to the ground floor. A second floor above the family room will contain house. option , three bedrooms and a bath. This will give us the additional the to allow us to plan emain in wouldbe tois sellthe house andmove to a other thanre thise ties to this house larger residence. Because of our family we Would mucholikeeto changee ethis house ito accomodates d very our needs. qa At present, the majority of houses in our block have either a-garage or other structure that is built up to the property line. Our garage is built to the property line, but the house is loft. 7inches from the rear property line. The • ' proposed changes would not further encroach upon the rear setback than already exists. This Would leave us in a • similar situation as the rest of the houses in the neighborhood. The neighborhood consists of older houses that are similar in size to that of the original house. Newer construction has resulted in houusesgthat are of the approximate size as we are props This house is situated on lots gibe andt8200.d;Sincewtthere are tWo lotse for this house, These lots of �° be consistent With the size of the property' cannoto be dividedaWeuareenotte because of the proposing to further the oache at present. property line, and are maintaining the encroach upon the rear � a requisit 5 foot setback from the side property line. Therefore, We feel that this is the minimal variance that we can request. The house will stay residential and therefore is not in 7NY} conflict with the comprehensive plan. Than4, you for your consideration of this request. ) a EXHIBIT :k.;"--7:, . vat 88Ca-6 -1 i t I . -...-7 z 3 Jk 4uL}a uhdgtM • Y I 4 - t + 1 i y S M i i 1 63 ,.. __J_ _ _ <JJg1 vn ri • . N w a3, �._ H ' EXHIBIT VM.'N-&Ka,_k ,' 1 ►I►►►1►►►►►UJ► ; • 11M1 .‘, . . ' I, .■■■.. N■U■ ■ ►i IIIIIIIIIIIIII_ zIll ,,i; , , ,,, 6, ')ii 1 Illi 1 ,, W / tililliiiiii IIIII , \ "it-,_.iiiipi , 1\ t I r � 1 .1.r,:k.r µ 2-.r4.4:1 5hw� EXHIBIT - „,., VAR.3l- a-b) ., • , . , 4 . • . ,„ , , . . . . , , •) . . . , —1-1111111-t— , 1' 1111;111:1111;r 2 41111 J000 "m" mum 2 • I- .... e . MINN • MIME MIMI . . 1 OMEN MOWN m U / * M. • 1 1111 61 . ; 1 0 • vRi , , .. ,1111 gm , .. . ...__ . EEEEIEB -, .. , ( h / .1 a , f - 111111111 9 . .... ki , MILIIM MINN 1111:MM :mil: il / - I 1 ,II: 2 • .. , t 1 . . 1, \ \ ; \ . EI I I .1 7.` .; '; , —7'7".; • ni1( 11 1 1 41jkl: , 111 : i 1 :I . .; . i ' 1 11 , , i 1 .; , i ,I.-t zik,,,, ....Jr..; ,',,,.',;,;.:..,_;!,! -,10..„,„, ..... ; 1 ; '17= ;II ; = ; ' U:7-4,..4.::0...1 ;\\\\ . ,.., I , ii , i\ pit — ‘• 4 , a EXHIBIT ! laili;.: LI: 1 . 0 5._..., i . .. . , . ... . , . . ; ... ., , ,..._.. , . I . . . 0 . . P. • .4 1 BEFORE THE DEVELOPMENT REVIEW BOARD K. 2 OF THE • N; 3 CITY OF LAKE OSWEGO ' 1 4 5 A REQUEST FOR APPROVAL OF) • 6 A CLASS 2 VARIANCE TO THE) • ' RESTRICTIONS PLACED ON ) VAR 31-88(a-b)-591 7 NONCONFORMING STRUCTURES;) (Sandra Shipley Hanna) 8 AND, APPROVAL OF AN 8.4' ) FINDINGS, CONCLUSIONS & ORDER CLASS 2 VARIANCE TO THE ) 9• REQUIRED REAR YARD SET- ) 10 BACK IN AN R-7.5 ZONE ) • 11 , i � 12 13 NATURE OF APPLXCATION 14 The applicant is seeking approval of two variances, as follows: 15 a)• Approval of a Class 2 variance to the restrictions placed on nonconforming structures, which do not allow for any increase „ 16 17 '-, in the nonconformity of said structures [LOC 48,700(2) (b)J ; , 18 and ) 19 b) Approval of an 8.4 ft. Class 2 variance to the required 25' ' rear yard setback in an R-7.5 residential zone [LOC 20 48.215(1)J • • • 22 The site is located on the west side of 5th Street, between "D" and "E" Avenues (Tax Lot 8100, 8200 of Tax Map 2 lE 3DB) . 23 24 HEARINGS 25The Development Review Board held a public hearing and considered 26this application at its meeting of August 1, 1988. 27 28CRITERIA AND STANDARDS 39 City of Lake Oswego Zoning Code: 30 • 31 LOC 48.195-48.225 R-7.5 Zone Description ' 32 LOC 48.650 Authorization to Grant Variances 33 LOC 48.655 Classification of Variances 34 •.:•ay.'4:,'t^rary7rzpl PAGE 1 VAR 31-88(a-b) • • ) t r r 1 • A • 2 I • ER,T.IFY THAT THIS ORDER was presented to;,ar1d APPROVED by the t 3 Development Rey• .iew Board of the City{'�.o'f"'Lake'Oswego. •' 44 , 5 DATED, this 15th day of {11i Z s <+ .__ , 1988. 6 ` 8 _ ,u -,�.. _"ame . Mi11er Cftai 'man 9 evelolimec} 'Rgv.iew .goar,4'r 10 }°, ' 1: r A. , str 13 Sec y, t ": c. • '-/� 14 ATTEST: 1. . .a v • 15 ,• 16 ORAL DECISION - I{ugust.1", 1988 ' 17 • AYES:. Miller, ,Zi.nsli, Martindale, Swilliriger,, Iz'gtimp Foster, �) 18' S4�i913nger •e. ,A • "19 NOES:: *Itor "" "'" • r. i. ' 20 ABSTAIN:r ,None'r •••' 21 ABBENT:• None;„, • 22, • '•': ,s 23 WRITTEN FINDINGS .- August 15,, 1988 �AY�ES:. .Mi7ler, Grooves, Martindale, Swillinger " 2"1 ABSENT ainsl.iq,'to taoi,+'Tngr3im • 28 p• " • 39 ' 'r 30,d ' • , a► , 31 • 1� t$2 " '33 l,�, • ) 34 . �,�ry.I.v•4}.ir'ai�.ay,..sro-"R ;, ' Cy PAGE 3 _VAR 31p,138(a-b) 4 1. ,,m.. ,a,..-- , t • • .11 "T • - • • • II 1 } I 1 • .. , F AGENDA CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD City Council Chambers, 380 "A" Avenue , Wednesday, July 12, 1989 7:00 I. CALL TO ORDER r II. ROLL CALL III. APPROVAL OF MINUTES • April 17, 1989 May 17, 1989 i IV. PETITIONS AND COMMUNICATIONS I V. PUBLIC HEARINGS PD 5-89, a request by Heritage Development Co. for approval to create a 48-lot single family residential planned development .4. with several modifications to the R-5 setback requirements. The site is located north of the Carman Drive/Daniel Way intersection and south of Orchard Way (Tax Lot 1100 of Tax Map 2 lE 5 Index and C) . Continued from July 5, 1989. PD 6-89/VAR 14-89/SD 25-89, a request by Nick Bunick Custom Homes, Inc. for approval to develop a 197-lot single family residential subdivision. The applicant is also requesting approval of a minor land partition of Tax Lot 100 into 2 parcels, and a variance to LOC 48.020(1) for 6 lots. The site • is located south of Melrose and west of Fosberg Road (Tax Lot 100 [portion] of Tax Map 2 1E 6). Continued from duly 5, 1989. r DR 10-89/PD 14-89, a request by Dominion Development for approval to develop 360 multi-family apartments. The site is located at the north side of Kruse Way, west of Carman Drive, within Westlake (Tax Lot 100 [portion] of Tax Map 2 1E G). Continued from July 5, 1989. VI. GENERAL PLANNING VII. OTHER BUSINESS - Findings, Conclusions and Order N ,. VAR 19-89 - Robert Evenson VAR 22-89(a-b) - John/Sandi Hanna • VIII. ADJOURNMENT • • The Lake Oswego Development Review Board welcomes your interest in these agenda items. Feel free to come and go as you please. DRB Members: Staff: • Robert D. Greaves, Chair Karen Scott, Assist. City Manager, E. Daniel Ingrim; V-Chair Planning• and Development James A. Miller Robert Galante, Senior Planner Robert H. Foster Hamid Pishvaie, Dev. Review Planner Elaine Sybrowsky Lynn Bailey, Associate Planner Harry N. Starr Michael R. Wheeler, Associate Planner Sandra Korbelik, Senior Planner Jane Heisler, Associate Planner Cindy Phillips, Deputy City Attorney • Joyce Faltus, Secretary • • • • • • • `f UUa • Ye • l� t . AGENDA CITY OF LAKE OSWEGO DEVELOPMENT REVIEW BOARD ,, City Council Chambers, 380 "A" Avenue ,, Monday, July 17, 1898 7:30 I I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES May 17, 1989 May 31, 1989 June 5, 1989 IV. PETITIONS AND COMMUNICATIONS V. PUBLIC HEARINGS DR 8-89/PD 13-89, a request by Metropolitan Homes for approval to construct a 32-unit apartment project. The site is located on the west side of 4th Street, at the northwest intersection of 4th Street and Evergreen (Tax Lots 10600, 10700 and 10800 of Tax Map 2 lE 3DC) . Continued from June 15, 1989. PD 12-89/VAR 16-89(a-b), a request by Mohsen Nouri (applicant) for approval to build a 17-lot single family subdivision. The . applicant is also requesting two variances, as follows: r a. Increasing the street grade from 15% (required by LOC 44.384) to 17%; and b. Reducing the centerline radius from 100' (required by LOC 44.385) to 80' . The site is located north of Melrose and east of Peters Road (Tax Lot 1000 of Tax Map 2 lE 6AD). Continued from June 19, 1989. DR 11-89/VAR 17-89, a request by Ehmann-Klass Associates, Inc. (applicant) for approval to extend the parking lot of the existing Albertson's store, to construct a 48'6" addition on the north and a 20' addition on the east, and to relocate the loading dock to the northeast corner. In addition, the applicant is requesting a 14'6" variance to the required 25' north side setback. The site is located at 16199 SW Boones Ferry Road (Tax Lots 2200 and 2300 of Tax Map 2 lE 7DD). Continued from June 19, 1989. VAR 9-88(Mod.5-89) , a request by Robert Budihas for approval . to modify a Class 2 variance to exceed the maximum lot coverage allowed in an R-7.5 zone. The applicant proposes to . reduce the lot coverage previously approved, by reducing the size of previously approved structures, and by including a ti portion of a proposed boat house. The site is located on the south side of Lakeview Boulevard, west of Summit Drive (Tax Map 2 lE 8DB). . ` DR 14-89/SD 35-89, a request by Les Schwab Tire Center , (applicant) for approval to construct a 44-space parking E addition for the Les Schwab Tire Center at 17171 SW Boones I. Ferry Road on a portion of Tax Lot 3800, and a lot line adjustment between Tax Lots 3700, 3800, 3801 of Tax Map 2 lE 18BA and 600 of Tax Map 2 1E 18BD. VI. GENERAL PLANNING VII. OTHER BUSINESS - Findings, Conclusions and Order PD 6-89/VAR 14-89/SD 25-89 - Nick Bunick DR 10-89/PD 14-89 - Dominion PD 5-89 - Heritage Development Co. VIII. ADJOURNMENT • J The Lake Oswego Development Review Board welcomes your interest in these agenda items. Feel free to come and go as you please. DRB Members: Staff: . Robert D. Greaves, Chair Karen Scott; Assist, City Manager, E. Daniel Ingrim, V-Chair Planning and Development James A. Miller Robert Galante, Senior Planner • Robert H. Foster Hamid Pishvaie, Dev. Review Planner Elaine Sybrowsky Lynn Bailey, Associate Planner ( Harry N. Starr Michael R. Wheeler, Associate Planner Sandra Korbelik, Senior Planner Jane Heisler, Associate Planner Cindy Phillips, Deputy City Attorney Joyce Faltus, Secretary 0 . M r . STAFF REPORT P i 4 CITY OF LAKE OSWEGO LAND DEVELOPMENT SERVICES DIVISION APPLICANT: FILE NO. : Robert Budihas VAR 9-88(Mod.5-89) PROPERTY OWNER: STAFF: Robert & Corrine Budihas Michael R. Wheeler LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 4900 of July 7, 1989 Tax Map 2 lE 8DB LOCATION: DATE OF HEARING: South side of Lakeview July 17, 1989 Blvd. , west of Summit Dr. ..e . 41' COMP. PLAN DESIGNATION: ZONING DESIGNATION: t ' R-7.5 R-7.5 NEIGHBORHOOD ASSOCIATION: xt , . LAKE GROVE I. APPhICANTIS REQUEST: The applicant is seeking approval to modify a Class 2 f' variance to exceed the maximum lot coverage allowed in an R-7,5 zone. The applicant proposes to reduce the lot coverage previously approved by reducing the size of previously approved structures and by including a portion of a proposed boat house. • II. APPLICABLE REGULATIONS: A. City of Lake Oswego Zoning Code: ,. LOC 48.195-48.225 R-7.5 Zone Description LOC 48,505(5) Accessory Uses LOC 48.535(3) Oswego Lake Setbacks 1 VAR 9-88(Mod.5-89) Page 1 of 6 LOC 48.650 Authorization to Grant • Variances LOC 48.655 Classification of Variances • LOC 48.690 Action on Class 2 Variance Applications LOC 48.810 Quasi-Judicial Evidentiary Hearing Procedures LOC 48.815 Criteria for Approval B. City of Lake Oswego Development Code: None 0, C. City of Lake Oswego Comprehensive Plan Policies: Impact Management Policies General Policy I General Policy II Distinctive Natural Area Policies General Policy II Distinctive Natural Area No. 5 Special Distinctive Areas: Oswego Lake OsWego Lake Policies ' General Policy III General Policy IV Protection Open Space Policies General Policy I • General Policy II I. FINDINGS: A. Background: The applicant received approval of VAR 9-88(a-j) on May 16, 1988. That approval regarded construction of a new dwelling and decks oh the site. Included among the variances granted Was the ability of the applicant to exceed the maximum allowed lot coverage by 7.4%. The applicant has completed construction of those improvements. The approved decks were constructed smaller than originally requested. A lot Coverage of 41.1% was actually utilized. 1.3% Of the approved coverage was not utilized. VAR 9-88(Mod.5-89) Page 2 of 6 • r i B. Proposal: The applicant proposes to modify the original approval VAR 9-88(j) to allow the northerly 5 feet (approximately) of a boathouse and stairway to replace a portion of the approved lot coverage. The proposed maximum coverage is 42%, or 0.4% less than approved previously. ' C. Existing Conditions: 1. The site is composed of 7,753 square feet. 2. The site is adjacent to Oswego Lake, the ownership of which is held by the Oswego Lake Corporation. 3. The proposed boathouse is existing. The construction of the boathouse was the subject of enforcement activity pursued by the Building Division staff (Exhibit 9) . 4. The existing approved dwelling, garage and decks provide lot coverage of 41.1%. D. Compliance with Criteria for Approval: C As per LOC 48.815, the Development Review Board must consider the following criteria when evaluating a Class 2 variance: 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has provided sufficient 4 materials with which to evaluate the request, as evidenced by the exhibits. 2. For any development application to be approved, it shall first be estab:.ished that °ia the proposal conforms to: a. The City's Comprehensive Plan; ,. Applicable policy groups are as folloWs: Impact Management Policies These policies require protection of natural resources such as Oswego Lake and comprehensive review of development VAR 9-88(Mod.5-89) • Page 3 of 6 i s 1 applications. The Lake is protected (as will be discussed further) by LOC 48.535(3) , i i , 1 Special Setbacks for Oswego Lake. The a Board's review of this proposal assures conformance to the remaining policies. Distinctive Natural Area Policies These policies encourage preservation of Distinctive Natural Areas, of which Oswego , Lake is one. These policies are also f implemented through LOC 48.535(3) , discussed later in this report. Oswego Lake Policies • • These policies require protection of Oswego • Lake from damage and are implemented in part by LOC 48.535(3) , reviewed later. Protection Open Space Policies • These policies designate Oswego Lake as a Protection Open Space and require protection ' a : through the applicable policy groups • mentioned previously. z. b. The applicable statutory and Code requirements and regulations, including: i. For variance applications, the standards found in LOC 48.650. • Zoning Code Requirements and Analysis e Based upon LOC 48.505(5) and 484535(3) , the location of the boathouse may be built on the property line: These setbacks are . " I. therefore met by this proposal. The site was granted approval to exceed the 35% maximum lot coverage . . by 7,4% on May 14, 1988. The applicant requests to modify that approval and intends to reduce the . coverage approved by 0.4%. This modification is reviewed against the applicable variance criteria below, VAR 9-88(Mod.5-89) - Page 4 of 6 i I • As per LOC 48.650(1) , the Development Review Board must consider the following criteria when evaluating a request for a Class 2 variance: a. The request is necessary to prevent unnecessary hardship; The applicant has explored construction • and property line adjustment options, • including moving the boathouse to the south, so as to be fully on Lake Corporation property and not a part of the site's lot coverage. Lake Corporation restrictions prevent this option and thus the applicant alleges a hardship results. b. Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; . Boat houses are allowed on the property line adjacent to Oswego Lake (LOC • 48.505(5)] . Such development is common and reasonable. The applicant's request regards the modification of approved lot I • coverage only. This modification will not affect the neighborhood adversely or injure this or neighboring properties, as such use is allowed and expected. c. The request is the minimum variance necessary to make reasonable use of the property; The applicant contends that the proposed modification (which Will reduce the maximum lot coverage 0.4% below that previously approved) is the minimum necessary, based upon the grade of the lot and the narrowness of the lot. The applicant has not provided evidence that a boathouse is typically required to make ' ' reasonable use of properties along Oswego Lake, and must do so to demonstrate that this proposal is reasonable use and that it is the minimum variance necessary. VAR 9-88(Mod.5-89) Page 5 Of 6 .,_,.,,,mac; ,....., ;, r,. .w.v•.. __.. _ _.._�.. _ . i • •d. The request is not in conflict with the Comprehensive Plan. • As discussed previously, the proposal is not in conflict with any of the ( applicable policy groups. • C. Conclusion: Staff concludes that the applicant can provide evidence regarding whether the construction of a d boathouse constitutes a reasonable use along Oswego Lake. Once provided, staff concludes that all applicable criteria will have been satisfied. IV. RECOMMENDATION: • Provided the applicant submits materials which demonstrate that fthe construction of a boathouse is a reasonable use of the site, staff recommends approval of VAR 9-88(Mod.5-89) . • Exhibits 1. Tax Map 2. Applicantos Narrative 3. Lot Coverage Calculations ' 4. Site Plan 5. Main Floor Plan and Elevations 6. Section and Elevations 7, Staff Report - VAR 9-88(a-j) , dated March 25, 1988 8. Findings - VAR 9-88(a-j)-546, dated May 16, 1988 9. Letter from D. Parr, dated May 4, 1989 • VAR 9-88(Mod.5-89) Page 6 of 6 A A s I00•,/ vh \, •"\ V O Y . ` 6 I °S \ Y'\3i`+'1tZ o b. s'oo',� i ASQQ ti C',9'� 1•� r es' It,di;d7' %. I+A a A1'o'•�G. ,k eIr.) 3T00 �e'''4� ,of os' M 1• L�05 0 00 4+ \5yj9 4100 Ad .. e /. , • i J --,O' rei4t Q �F 1600i 10 9 "• ' . Q °A' i e,. o�W 3i �'V P„.s,3 O. j °" km Q20 \ `e"$9k9 .; 3�'�� • •I VA p.h h Y, s ��At' No, ,. • ��\ h`'. w io . - O�lc ��� �V 4800 Q • ' �,Ip.� � a , io S3 c — _ Y aNE �w3' 138 u • f{ A 1 °�, f / � 2 4900 S, ss' O. y pl° '0p0 6 5\p0 4903 4902 Q ,.r `jr � 3ti. 5N '+ sp12 , 29 4 2 ` is°/ ^ ' c,. Q � IA Y. .1;r' bssel1s39sc'"QQJ t \ � � , W p so• 5 36 o 91 ,J Ga2E6 N + +` \' 6l�SsAS/ r rr' 1 Oil. \\A 00••tl ,, r t`1;�gt � Ie' •I01$:f AJNo$F NNF Gr r(.p,4#4;. 910 9i6 AFRIAI PNOTOS lirlOrIoN 99.5 4 'I , ' ' IE 8 v Al 1; „% t o ll 3. ; . - ia:ks aw-EA ,p r. F 1 16300 May 25, 1989 TO: CITY OF LAKE OSWEGO FROM: TANYA DURHAM, DESIGNER RE: CLASS II VARIANCE PROCEDURE page 1 of 3 BACKGROUND HISTORY: In September 1989, Robert Budihas contracted with Tanya Durham to design a contemporary home at 2050 Lakeveiw Blvd. in Lake Oswego. The home design subsequently incorporated existing nonconforming concrete foundation structures for a previous dwelling into the structure. The home design exceeded by 7.4% the maximum allowed lot coverage of 35% for an interior lot in an R-7.5 Residential Zone, Robert Budihas applied for and was granted a variance VAR 9-66(j) which allowed 7.4% in excess of the maximum -+ allowed lot coverage of 35% or 35% + 7,4% = 42.4% allowable lot coverage. This variance allowed covering the nonconforming concrete foundation structures with decks and allowed an exterior stairway leading from each deck to grade [LOC 48.225(1)] . During the construction phase of the project, alterations to the front entry stairs and simplification of the stairs leading from deck to grade reduced the actual lot coverage utilized to 41%. Please refer to drawing establishing area of lot coverage utilized. CURRENT SITUATION: Robert had a boat house designed and built in place of the •. carport-like structure of the original dwelling that previously covered the existing boatslip adjacent to Oswego Lake, The building is 15,75 ft, by 26.75 ft, and has a 415 sq.ft, footprint which is mainly on Lake Corp. property (83%) with a small portion on the owner's property (17% or 70.5 sq.ft,) Refer to shaded area of boat house on site plan and on floor plan. ^ The main building plus decks and egress stairs as built covers 3'05,5 sq.ft, and when added to 70.5 sq.ft, equals 42% lot coverage, 3256 sq. ft total lot coverage = 42% 7753 sq. ft, total lot area continued on next page +11 ? „ . F 0 • • 1 Ma 25, 1989 .TO CITY OF LAKE OSWEGO FR A: TANYA DURHAM, DESIGNER RE CLASS II VARIANCE page 2 of 3 RE JEST: • Ro art requests that he be allowed to build this boat ho se as proposed because the maximum allowed lot coverage of 12.4% per VAR 88-9(J) will not be exceeded. Th boatslip exists and the original dwelling afforded so a protection with the carport-like structure. It will be lecessary to construct a boat house in place of the ca port-like structure in order to fully protect and pr oerly maintain a boat to be used on Oswego Lake. We nave determined that: • a. The request is necessary to prevent unnecessary ha iship. Lake Corporation restrictions on new • co struction on Oswego Lake surface prevents developing bo a house south onto Oswego Lake. RE 48.225 - Lot Coverage - Owner requests that 42.4% to coverage per VAR 88-9(J) be allowed to stand with 41 lot coverage allotted to main house as built and the ad ttional 1 ,4% be allotted to that portion of the boat he se that overlaps property line into owner's property. • b. Development consistent with the request will not • be injurious to the neighborhood in which the property is located or to property established to be affected by tl request, RE 48,505 - Accessory - . , . . . . .Boat houses and docks al ng Oswego Lake and its canals and any fence may be pl ced on a property line The proposed boat house de ign is architectually complementary to the existing ne house, and le very similar to• the recently constructed be t house on adjacent easterly property. The proposed be t house has been designed within the parameters of tE Lake Corporation requirements, • 11. continued on next page. . . p, �, '+�'`�`.; �. r , • 1 , May 25, 1989 TO: CITY OF LAKE OSWEGO FROM: TANYA DURHAM, DESIGNER RE: CLASS II VARIANCE PROCEDURE page 3 of 3 c. The request is the minimum variance necessary to make reasonable use of the property. The site is a narrow lot (62.5 ft. wide) with a 28-30% slope and a 36 ft. drop in elevation from Lakeveiw Blvd. to Lake Corporation property adjacent to Oswego Lake that borders owner's property. The boat house as designed and the descending stairs at grade on the terraced bank of the lower eastern portion of the site help the transition on this steep site from the main house to Oswego Lake. d. The request is not in conflict with the comprehensive plan. This boat house is s'(milar to existing boat houses allowed on neighboring properties. • ' 4 • s KEY TO ESTABLISHING AREA OF LOT COVERAGE UTILIZED AREA NAME SYMBOL DIMENSIONS SQ. 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Mr./-max.ite Ar e •�e bSr�•n�.i U 6 da9XM of Jy'� IL. ' • 1 f jiri ,,- .t I ��I , . .,,,,,,‘, . �E T W ['C ,Y v9J ,'�� y '^n+'qb �G aS�Y �+ A. y ,. l 's _Illi 1 g Illit :aqk till,- !� • 0 a I:1_4A11,6 0 10:44 ` , z ,may' II 9 _ 'Gfi•Y N U V tM 1 ��M,ej ,t s. if::1-4'l'tle:,illi g 4''t4,‘, ;''. N,,, •e----‘‘. �1 p. _' �a `�` x 'p1�'�i 1, I .ece 9 J,1�VJ , �W �� \�i �i I. Pi irj .'t ' ryas. G - 1 I . • STAFF REPORT CITY OF LAKE OSWEGO LAND DEVELOPMENT SERVICES DIVISION APPLICANT: FILE NO. : • Robert Budihas VAR 9-88(a-j) PROPERTY OWNER: STAFF: • Robert Budihas Michael R. Wheeler LEGAL DESCRIPTION: DATE OF REPORT: Tax Lot 4900 of March 25, 1988 Tax Map 2 lE 8DB LOCATION: DATE OF HEARING: • South side of Lakeview April 4, 1988 Blvd. between Iron Mtn. Blvd. and South Shore Blvd. • COMP, PLAN DESIGNATION: ZONING DESIGNATION: • R-7.5 R-7.5 NEIGHBORHOOD ASSOCIATION; None • • APPLICANT'S REQUEST • The applicant is seeking approval of three variances for the alteration of an existing nonconforming garage; six variances for the expansion of a series of existing nonconforming foundation structures and decks; and one variance to exceed the maximum lot coverage, as follows: (a) A Class 2 Variance to the restrictions placed on nonconforming structures, Which do not allow for any increase in the nonconformity of said structures (LOC 48.700(2) (b) ) ; and e (b) A Class 2 variance of 2.75 feet from the required side yard setback of 5 feet in an R-7.5 Residential Zone for the rl�0id�i,� �i`'� VAR 9-88(a-j) 2+,�{':_,��ri�4 Page 1 of 9 • 1 • alteration of an existing, nonconforming garage . [LOC 48.215(1)] (SEE NOTE IN SECTION II. FINDINGS) ; and (c) A Class 2 variance of 13.5 feet from the required front yard setback of 20 feet in an R-7.5 Residential Zone for the . alteration of the entry to an existing, nonconforming garage • [LOC 48.215(1) 1 (SEE NOTE IN SECTION II. FINDINGS) ; and (d) A Class 2 variance of 8.5 feet from the required rear yard setback of 25 feet in an R-7.5 Residential Zone for the M alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.215(1) ] ; • and (e) A Class 2 variance of 1.0 feet from the required rear yard setback of 25 feet in an R-7.5 Residential Zone for the alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.215(1) ) ; , and • (f) A Class 2 variance of 8.5 feet from the required setback of 25 feet from Oswego Lake for the alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.535(3)) ; and (g) A Class 2 variance of 1.0 feet from the required setback of 25 • feet from Oswego Lake for the alteration of existing, .,. nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.535(3) ) ; and F ,. (h) A Class 2 variance of 21.5 feet from the required rear yard setback of 25 feet in an R-7.5 Residential Zone for the construction of three concrete buttress walls [LOC 48.215(1)1 ; and (i) A Class 2 variance of 21.5 feet from the required setback of 25 . . feet from Oswego Lake for the construction of three concrete `a± buttress wells [LOC 48.535(3) 1 ; and (j) A Class 2 variance of 7.4 percent in excess of the maximum al1owtd lot coverage of 35% for an interior lot in an R-7.5 Residential Zone for the construction of the two aforementioned r decks and an exterior stairway leading from each deck to grade [LOC 48.225(1)] . 4 I. APPLICABLE REGULATIONS A. City of Lake Oswego Zoning Code; LOC 48.195-48.225 R-7.5 Zone Description LOC 48.650 Authorization to Grant Variances , a VAR 9-88(a-j) ' , Page 2 of 9 i -r LOC 48.655 Classification of Variances 0y LOC 48.690 Action on Class 2 Variance Applications LOC 48.810 Quasi-Judicial Evidentiary ' Hearing Procedures LOC 48.815 Criteria for Approval ' B. City of Lake Oswego Development Code: None A. C. City of Lake Oswego Development Standards: • Y 1 None 1 D. City of Lake Oswego Comprehensive Plan Policies: None II. FINDINGS i A. Applicable Variances: In an effort to assure that all possible variances were _ included as a part of public hearing notices and the Development Review Board's consideration, two variances, 1. ° (b) and (c) , regarding thn proposed garage alterations •Aq;" were included. Upon further examination of the applicant's proposal and the applicable criteria, it has • come to staff's attention that these two variances are not necessary because, while an alteration of a ' " nonconforming structure is proposed, no further R encroachments are proposed which affect this structure. Variances (b) and (c) represent requests to allow the structure to remain at its present location. Variance (a) is the only one required to modify the garage as proposed. The Development Review Board need not consider variances (b) and (c) and, therefore, may delete them. '' • B. Existing Conditions: 1. The site is composed of 7,753 sq. ft, in a generally rectangular configuration. ' 2. The site is located between, and drains steeply down • from, Lake VieW Boulevard to Oswego Lake. 3. The parcel is the site of a formerly existing, nonconforming single-family dwelling, which has been recently demolished, A new single-family dwelling is VAR 9-88(a-j) Page 3 of 9 i ' i r 3 , a . a ` under construction on the site, for which a permit a\ , Was issued on March 15, 1988. That permit did not include those structures or modifications subject to /°-",A this request. u ' 4. An existing garage, concrete structural walls, and three buttress walls were allowed to remain and are proposed to be modified and incorporated into the , , dwelling under construction. 5. The dwelling Under construction is composed of three stories and has a lot coverage of 2,719 sq. ft. , or 35.0% (including garage) . The dwelling maintains the • required setbacks of the R-7.5 zone. 6. The dwelling under construction includes a deck off 1 the kitchen which is not illustrated on the site plan (Exhibit 4) , but is shown on the Main Floor Plan A, (Exhibit 8) and is included in lot coverage calculations. 4, C. Proposal The applicant proposes to remodel (replace) a portion of the foundation of the existing nonconforming garage and to relocate the entry of the garage from the north side ' to the east side; the applicant also proposes to. add two • ,; decks to the south side of the dwelling, utilizing existing, nonconforming concrete walls, remaining from the demolished house, for support; the applicant further proposes to remove and relocate two buttress walls (southeast) and to add a third buttress wall (southwest) to strengthen existing structural and retaining balls. ' Variances from required setbacks are necessary for most of these proposed improvements; the proposed decks also require a variance in order to exceed the maximum lot coverage allowed in an R-7.5 zone. D. Compliance with Criteria for Approval ' • As per LOC 48,815, the Development Review Board must • • consider the following criteria when evaluating a Class 2 r Variance: 1. The burden of proof in all cases is upon the applicant seeking approval. . The applicant has provided sufficient materials with which to evaluate the request, as evidenced by the exhibits, VAR 9-88(a-j) • '�~ Page 4 of 9 ` { . ' ^ �y, - n C' • v. 2. For any development application to be approved, it shall first be established that the proposal conforms to: 1 a. The City's Comprehensive Plan; ` There are no Plan policies which are applicable to the request. b. The applicable statutory and Code requirements and regulations, including: ` i. For variance applications, the standards found in LOC 48.650. The eight requested variances may be grouped as to type and will be evaluated accordingly as follows: o Garage Variance: (a) regarding the reconstruction , of a portion of the garage foundation, and relocation of the garage entry, a portion of which • will remain nonconforming; o Deck Variances: (a) , (d) , (e) , (f) , (g) and (j) . regarding the addition of decks atop existing, nonconforming concrete foundation structures and , stairs from decks to grade; o Buttress Wall Variances: (a) , (h) and (i) regarding the removal and reconstruction of three , concrete buttress walls for structural . . stabilization purposes. „ As per LOC 48.650(1) , the Development Review Board • ' • must consider the following criteria when evaluating a request for a Class 2 variance: a. The request is necessary to prevent unnecessary , hardship; • Garage Variance: A hardship exists with regard to the present use of the existing garage in terms of safe egress (backing) into Lakeview Blvd. This , • • condition, which plagues many older structures, is capable of being remedied on this site. Relocation of the entry, as proposed, will alleviate this „ .' hardship, Deck Variances: While the concrete foundation structures do exist, they do not actually present a hardship in the continued use of the property, The structures, while perhaps unattractive, do not VAR 9-88(a-j) '. Page 5 of 9 A I- , 1 ) v,. t r prevent the use of the site, but rather enable it to be used, due to the support that it provides. The proposed decks provide two results: encroachment into ..— , required rear yard and Oswego Lake setbacks; and a lot coverage of 7.4% in excess of the 35% maximum ' allowed. • The site structure provides the following lot ' : • coverages, not including the proposed decks: , Dwelling 2,051.5 sq. ft. y Garage 661.5 sq. ft. Total 2,012.0 sq. ft. = 35% of 7,753 sq. ft. (lot size) The applicant's designer has noted that the usable floor area of the dwelling is 4,055 sq. ft. , or slightly less than twice the allowable lot coverage ' (based upon that area occupied by the dwelling) . Based upon the fact that the dwelling is proposed to be three stories, this floor area could approach three times the lot coverage of the dwelling. r . The applicant alleges hardship on the basis of required exits from the third story of the dwelling (Exhibit 10) . This exit is in the form of a stairway on the west side of the dwelling and provides a lot . ) coverage of 115.5 sq. ft. or 1.4%. The decks proposed to the south are not required to meet the Uniform Building Code requirements for fire exits. . Their purpose, instead, appears to be to provide more - ''' ,, exterior living space and to cover unsightly concrete structures which retain stability of the site. '• No apparent hardship exists that requires that decks be built into the required Oswego Lake setback. While the applicant may have a desire to maximize • views from the dwelling to this important feature, to do so should not be allowed without adequate demonstration of hardship. . Buttress Variances: A hardship appears to exist with regard to'the inadequacy of support for the existing ' concrete buttress walls on the west and along the south (both are 7'6" tall) . The proposed wall on the southwest is quite reasonable under these circumstances. However, the applicant proposes the removal and relocation of two Walls on the southeast, . which appears unnecessary. t • VAR 9-88(a-j) Page 6 of 9 j14, . • The existing wall runs east-to-west, requiring , �. support from the south. This support is provided by the existing wall on the east, which runs north-to- south, It also appears that if shortening of the east-to-west wall is required to better support the proposed decks, a new buttress wall could be half the length proposed (north-to-south) , with no need for the short wall (east-to-west, 3'6" tall) . • b. Development consistent with the request will not • !"' ^# be injurious to the neighborhood in which the Property is located or to property established to r be affec>`:ed by the request; Garage Variance: No detriment will result from rehabilitating a portion of the garage's structural • support, nor by relocating the entry. An actual public safety benefit will be received by the entry r. relocation, egress to and fromtheimproving s visibility for ingress- . ` Deck Variances: No apparent injury would result from the use of the existing concrete structures to support the proposed decks. Buttress Walls Variance: The buttress walls will not apparently provide any detriment and, in part will aid in the stabilization of this and neighboring properties. • • c. The request is the minimum variance necessary to make reasonable use of the,.property; Garage Variance: Since no changes are being proposed to the area occupied by the garage, other than to `b." relocate the entry from the north to the east side, this variance is the minimum necessary to improve and make reasonable use of the property with regard to ' vehicular access, 4 Deck Variances: The applicantas , the allowed lot coveraof35%hto providenot ltthet decks d i proposed. While some portion of the applicant's t desire is to cover the concrete structures which remain from early construction, increased outdoor living space is an obvious result of this proposal, Other areas are available for such use with some i redesign of the dwelling necessary. The dwelling provides the following areas Which are devoted to marginal or single floor use: > VAR 9-80(a . ' j) Page 7 of 9 . o• Stairs from Third Story 115.5 sq. ft. 1.5% Kitchen & Kitchen Deck 379.5 aq. ft. 4.9% Roof Overhang (south) 64.0 sq. ft. 0_8% Total 559.0 sq. ft. 7.2% The applicant proposes to exceed the lot coverage allowed by 7.4%, an amount which is nearly compensated by space available above the existingire kitchen and kitchen deck and by redesigning • exit. These changes would provide 854 square feett1of additional floor or deck area without increasing lot coverage or requiring a variance. The proposed rot decks and stairs comprise 568.75 square feet. Since these other options for providing both additional floor and deck areas is in excess of that ' . for which several variances are requested, the • variances for rear yard setback and concurrent Oswego Lake setbacks are not the minimum necessary to make • reasonable use of the property. • Buttress Wall Variances: The proposed southwest • buttress wall is necessary and the minimum in order • to stabilize the existing wall running north-to-south d along the westerly property line. The existing southwest wall running east-to-west appears to have existing supp4,rt from the existing Ay, wall running north-to-south along the easterly "` property line. The applicant proposes to shorten the east-west wall, though no clear reason for this has been expressed. In proposing this shortening, new walls are suggested. The proposed north-south • wall would offer buttress support to the shortened • wall through it is not clear that the full length of the Wall is necessary for this purpose. The lower Wall, instead of offering buttress support to tuto,this neW wall, appears to be a retaining e completing the enlargement of an existing planter. The applicant has not demonstrated how this variance is the minimum necessary to make reasonable use of the property. t d. The request is not in conflict With the . s'. Comprehensive Plan. There are no Plan policies applicable to the request. . VAR 9-88(a-j) --- Page 8 of 9 4. • �9 , a w. . E. Conclusion r Based upon the analysis above, the applicant has complied with all applicable criteria for the Garage Variance. No actual hardship exists with regard to the Deck Variances i and, moreover, these variances are not the minimum necessary to make reasonable use of the property. A hardship does exist regarding the Buttress Wall Variances, though only the westerly buttress wall is the minimum necessary. The easterly walls may be redesigned to reduce the degree of variance requested. III. RECOMMENDATION Based Upon the findings noted above, staff recommends the following: i A. That the Development Review Board approve variance (a) , the Garage Variance; and a B. That the Development Review Board deny variances (a) , (d), (e) , (f) , (g) and (j) with regard to the proposed decks and stairs; and C. That the Development Review Board approve variances (a) , i (h) and (i) for the westerly buttress wall only; and deny• • the same variances for the two westerly buttress walls. . 0 Exhibits 1. Tax Map i ' 2. Applicant's Narrative 3. Memo from Tanya Durham, Designer, Dated February 19, 1988 4. Site Plan 5. Elevations 6. Elevations 7. Upper Floor Plan ° 8. Main Floor Plan , 9. Basement Floor Plan . 10. Memo from Tanya Durham, Designer, Dated February 26, 19889 VAR 9-88(a-j) Page 9 of 9 • y VO8 31 Z dVW 33S . _ Ih N\ C\ 31 \ \ ,`I 0 f,i,' t. . ., M \ t M •°Y o. V r h Or is .. 3 I 2 40 e‘ 1 S • u ... O ion .. v C� 'N �i °• met ,...9 r i \ \p�^yb i t eC?9°n •�oI 1..4000 e O 72. 'gr ti� 1 �►1 \ • 't " pO - l° Qp� 91a' 0., \ () � �i' l�,r/ i 4 /3 CO 0 1/.1 ( J,. •+S`•iO0 rr. 1 r•i r/ �. 'M' .to so `y',Nay i,;Si(1 i .•gcc.\ [S, ill{/9 , \ -44 w r j! 11 A:��.• p Wes. Hof. for , ,�{i� S r'Ft..' .�i'y t,� " t �4 • t`• , Z d'' N rr% ▪ y , PC y.+ t� r a • O 07 ti '.ti,`• J p.J t % `'A v 0 I • t I2 B• ., �r. 'v Oo ;ton 10,'' .• ( \ `% 0w+ Dfr'714. Ab, 't.,..: 0.. ........ 4 - A di4A u, „,.:Ar/43„.. r 0 ...... • -a % V• In M CO c\i \ e1'd g .f ,,:, 0 . e. . . . . • • , . \d°` t'+ db. sto. . O y..s, • 4. NS. /i VOtQ16q:s aL' ) , R ! h\ .,. '7� 0 • • ' J CONTINENTAL MARKETING February 15, 1988 • REPRESENTING THE MANUFACTURER IN THE NORTHWEST TO: City of Lake Oswego FROM: Robert J. Budihas F E B 2 9 1988 - Corinne M. Budihas CcIbolLdaOancgo W, jl$ zoo Land De,elovmenl Sariat . We are requesting a variance for two separate issues on tax lot #4900. Each variance is listed below with brief descriptions as to why we are• requesting them. Your consideration on both are greatly appreciated. • 9 VARIANCE #1 - REMODELING GARAGE: We would like to remodel the existing garage by taking the door off the North side and putting it on the East side. This will allow ample off street parking on a street with limited parking and, most important, will be much safer. Instead of backing out into traffic with Very little vision, you will be able to pull into traffic after addressing any on coming vehicles or pedestrians, Please also keep in mind the line of sight is poor because the garage sits directly east of a sharp corner on Lakeview. The garage variance must allow us to reinforce the floor. A small foundation will have to be poured on the Southwest corner. No additions or changes will be made in the size of the existing garage. New paneling will be put on r. to match the house, - VARIANCE #2 - DECKING/LOT COVERAGE: The old house that was removed had extensive concrete flooring and retaining walls, The engineers would not allow us to remove this concrete in fear it ° ' would cause the lot to slide into the lake, We are requesting a variance on the percentage of the lot allowed to be covered, The extra amount needed is 411% above the allowed 35%. To put it briefly, this concrete is uglyl You can't chop it up, so.there' is'no way to cover it and grow something. The only way to cover it and•make it look attractive is with decking. We have designed beautiful decking that will cover most of this concrete and enhance the property. 1 rx,"E X�FI I.E I T. Air. 7" ;Olt , 18175 5,W.100TH COURT •TUALATIN,OR 97062 •TEL.(503)692-0130 • FAX(503)692.8176 i CONTINENTAL MARKETING - REPRESENTING THE MANUFACTURER IN THE NORTHWEST /^� i February 15, 1988 City of Lake Oswego Page 2 • Both neighbors on thb East and West of of us do not like all this concrete. , • They have seen and approved our ideas to cover it with this decking. Pictures will be submitted. Building the new house over the old concrete was not possible because it • ", would not have met proper building codes in regards to distances from East, a West and South property lines. ' •' In conclusion, this lot is a mess. We are spending an enormous amount of money to beautify it. Not only will this plan further enhance the lake but, ' •"' it will make the community a great deal happier than it is with what existed or what currently exists, a , J 4 i I. I 1 • LaDDC lr D of , f EB 9 1988 • Cd1GIL,'YcOi.. ' 1 lend tl¢tcld;4 5rntd ljzss 1• 9 1,G38 18175 5,W,100TH COURT o TUALATIN,Olt97062 •TEL.(503)602-8138 • FAX(503)692.8178 .' ..v t�a+ ' 51 February 19, 1988 'Y f TO: City of Lake Oswego FROM: Tanya Durham 1"c RE: Proposed residence at 2950 Cake View Olvd In the fall 1987, the Budihas family purchased a residence at 2950 Lake View B1Vd. The existing house did not meet their needs and we began designing a new house plan which incorporated the existing garage. During demolition of the previous residence, Tim Covert,P.E. advised us not to disturb the existing concrete foundation walls from the 1983 remodel. These walls were originally designed to be restrained at the top with floor framing. The north foundation wall .lacked adequate top steel in order to act as a retaining wall even though it had a cantilevered Footing. Tim advised locating the foundation wall for the new • structure 5 feet to the south of this higher existing wall. The lower existing foundation wall holds the hillside in place and is stablized by 3 existing concrete.buttress.wtlls. Wa would like to add a Buttress wall and thennecw the existing east buttress wall to grade. This lower foundetiontwill neaddern?.into the back yard setback from 1 to 9 feet and into the west side yard ° set back 1 foot. We designed a deck with the n+ltural shape of the existing concrete fount. Lion walls to integrate the old with the new. FEB 20 1980 C�h of leis ptihi �� and berelopmertf Seintes {��•�: �. 9 .LW.�i E X.Ii:1,111.,‘T•7 •• • • ff . N 00'2'7'odw h I1b4.p7' • A1r=ZIZ°_St/-_V11:1A5 la4v Lor 13e, (A rAzr or) + I4v •t '�veWs1 sAgo LnKe View i LV '. I , r n Del MUC'O. ra4eAOa \? �.,rn ' rrmNr I x.o + • '^jd01 it /r•Rt,e1NIN4.WI,µ. 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Ei-ix.IEXH,„1,131i•OW111We!$tYCN 1� ry I4Irj 1,1)2.14r,s 'id 2 f !iat. ,-..,. .` w "7"..-. li'tal�vrd "�l.t4V.( .. i---U-37,-7 79J5 \ 't "•` .° I a .a_.a. ,- �•,..,*r ,d:vl-n'l :aTr::Gfi l' 11 , o� r FF II `1�! a S y J Lc 7t e { II �q Jor L r a1 \ y- p t' Z At •r is ',•; p,fr '. ',•1+. .t Ai.+..7., t'ti�I ,, V q 1 ..";37---.....k. ‘ 1 1 1 P I° ti. a i . , ao tat. A if I o! \, .4, 1 ) V_ ,q E` . a=j' f �}q� (� City 01 Ukei and QtK>�iwrt1 ' • • w .' r ,.. a. • VI ,�, • v. � ' �x• Fsmw.,• •,Ir' February 26, 1988 } 1 1 TO: CITY OF LAKE OSWEGO t FROM: TANYA DURHAM, DESIGNER f .' RE: CLASS II VARIANCE PROCEDURE 0 , page 1 of 2 ;; n' We have determined that: a. The request is necessary to prevent unnecessary ij": hardship, as: • , This lot is narrow (62.50) with a 28%-30% slope and is zoned 7.5. RE: 48.215 - Setbacks - The pre-existing structure had (circa) 1983 foundation walls that must remain with addition buttress bracing to stabilize the hillside. One existing „i, wall intrudes maximum 12" in west sideyard setback for a distance of 30". (refer to site plan) . Also, the southern most wall intrudes 9' into backyard setback. The proposed design integrates these walls into new house plan. .t� ; RE: 48.225 - Lot Coverage - The 30% slope necessitates extra stairs and extra third story exit from sleeping area that r •,, drives the lot coverage past 35% maximum. The initial footprint q , of the house equals 1,640 sq.ft, and is cd sistant with newer ,.+vt.,,' development along Lakeview. RE: 48.700 - Non-Conforming Use - (Making Changes) - The existing . � k garage is unsafe for backing out onto Lakeview at a blind turn. •, We request that we be allowed to move garage doors from north x,.. ,'.�, side to east side, to increase safe usability. An added benefit 4 ' is increase of off street parking. i.i. „1', Y b. Development consistent with the request will not be Ki: injurious to the neighborhood in Which the property is located ' . or to property established to be affected by the request. • RE: 48.215 - Set Backs - The aforementioned existing concrete ', foundation Walls help to stabilize the neighboring properties � to the west and the east of Tax Lot 4900. The neighbors have 4;,. reviewed our proposal with approval. 1 RE: 48.225 ". Lot Coverage - We are requesting an increase of 0 ,; 4% allowed lot coverage. This request is consistent With existing " • w'I;, conditions on Lakeview, t .. ) • ',.3,1 „ 6II.;?:. continued on neat page. .. V..U' n+Eels.w•i' .,Ty''s ? ! LA...1..., � �U.4rR��1k;PAZad ', �; n , A dx ' y I IX ••44 I1S'Y.' f . y .of .�. •• t �' <• February 26, 1988 TO CITY OF LAKE OSWEGO o FROM: TANYA DURHAM, DESIGNER RE: CLASS II VARIANCE PROCEDURE page 2 of 2 ', ✓ • ;,J RE: 48.700 - Changes to Non-Conforming Structure - We have not } ;, r " increased this building's non-conformity as we will have the same building footprint as existing, except for a small t addition to the east side of the southern bay. '% ,• c. The request is the minimum variance necessary to Y: ' ,.:'• make reasonable use of the property. As earlier stated, this • lot has a 30% slope. RE: 48.215 - Set Backs - The existing garage is unsafe and inadequate by today's standards. We will develop safe access, M both to and from Lakeview to the property, by making minor changes (reposition garage doors) and improvements to the • existing foundation. It would be unreasonable to remove the foundation walls from the 1983 remodel (Boyd Chapman) and much safer to incorporate these walls into the new structure. • RE: 48.225 - Lot Coverage - The initial footprint of the main ,Al . house is 1,640 sq.ft., which is consistant with development along Lakeview. The decks help with egress from the main and lower _t levels. q,• RE: 48.700 - The changes requested for the existinC garage will make it more functional and safer. 11 ' 4 d. The request is not in conflict with the comprehensive plan. The Budihas residence will be used as a private residence '-:' -''' ..(::- . only in a residential neighborhood. ho.A ,..•.,-..., t, I • cr Y' ! r,61i � V j .. d EX;HlB II,' 2 ' ! { Ia ii i i '-4 ,. I t N d Y/ { f J, • s • Sa e ' 'll ,4,', • TIM COVERT, P.E. STRUCTURAL ENGINEER , �,,v REGISTERED ENGINEER 4 „ 312I N. 10TH AVENUE OREGON SUUITE 2 00 WASHINGTON I} PORTLAND,OREGON 9720E I5031228.0426 • April 4, 1988 Alternatives 5331 574 Macadam Avenue Suite 246 Portland, Oregon 97201 Attn: Tanya Durham Re: Robert Budihas Residence Job 874.00 2950 SW Lakeview • Lake Oswego, Oregon r At your request this letter addresse.. the presence of the existing site retaining walls at the above the location. As in a you know the site is moderately steep, sloping series of terraced steps. Two of these steps are the existing retaining walls. It is my belief that these walls serve to stabilize the hillside on which we are constructing our new foundations and therefore should remain. We are almost always n f'F+ better off to disturb the site as little as possible, our goal being a foundation which carries the new structure without movement or differential settlement. ''` If I can be of further service to you in this matter, , ' p please call any time. �,p PROFF Sincerely► `Q� t N e" �0� " c-�� -" c�a w' N9381�4 9 Tim Covert P.R. cc 1 j. ' OREGON 11 r tt • 't' ., riM COV 'T.' .' .`, • 1' , V X IBIT t ,a I 4 1 V . • • I • Y r+ r+ ,$ 'r.(ffitl 1I~,+Lx,�, ' 'T7e .1iF • • a dN �r • i • k 3 `_4 3�' a .•`a t Pgrr4++. • .el` hi'1K'r' .'l�.fi ,..w '?:3r .0 c'a---"" i— 1 ),a y�,s :q"'-� ar,5w.s t t,.,, t, r �,._r t• a�y� ur ., �XH16IT • t • • • • • n �'1 r I.ry,Pl , L 4y • N•y(f) • , ati JOHN & KAREN TAYLOR 2936 LAKEVIEW 4,600 SQ. FT. • j BILL & DEBBIE LARSSON 2926 LAKEV'.iEW 5,000 SQ. FT. PETER & ELOISE SZAMBLAN 3258 LAKEVIEW 4,450 SQ. FT. RAY HALLBERG 3270 LAKEVIEW 4,275 SQ. FT. BUZ SILER 3328 LAKEVIEW 4,150 SQ. 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BEFORE THE DEVELOPMENT REVIEW BOARD .r OF THE CITY OF LAKE OSWEGO 3 A REQUEST FOR APPROVAL OF ) 4 THREE VARIANCES FOR THE ) ALTERATION OF AN EXISTING ) 5 NONCONFORMING GARAGE; SIX ) VAR 9-88(a-j)-546 , '; VARIANCES FOR THE EXPANSION ) (Robert Budihas) • 1 6 OF A SERIES OF EXISTING NON-) FINDINGS, CONCLUSIONS & ORDER CONFORMING FOUNDATION ) 7 STRUCTURES AND DECKS; AND ) • ONE VARIANCE TO EXCEED THE ) 8 MAXIMUM LOT COVERAGE ) 9 NATURE OF APPLICATION The applicant is seeking approval of three variances for the 10 alteration of an existing nonconforming garage; six variances for 11 the expansion of a series of existing nonconforming foundation ,. 1. 12 structures and decks; and one variance to exceed the, maximum lot coverage, as follows: '- 13 (a) A Class 2 variance to the restrictions placed on '4 nonconforming structures, which do not allow for any increase :- : ,-....1 �5 in the nonconformity of said structures [LOC 48.700(2) (b) ) ; and 16 (b) A Class 2 variance of 2.75 feet from the required side yard 17 setback of 5 feet in an' R-7.5 Residential Zone for the 18 alteration of an existing, nonconforming garage (LOC 48.215(1)) ; and • ' 19 (c) A Class 2 variance of 13.5 feet from the required front yard ; ,. ry 20 setback of 20 feet in an R-7.5 Residential Zone for the 21 alteration of the entry to an existing, nonconforming garage o.'. `' 22 (:.00 48.215(1) ) ; and (d) A Class 2 variance of 8.5 feet from the required rear yard 23 setback of 25 feet in an R-7.5 Residential Zone for the 24 alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon (LOC 48.215(1) ) ; 25 and w y PAGE 1 VAR 9-88(a-•j) +` " (e) A Class 2 variance of 1.0 feet from the required rear yard 1 setback of 25 feet in an R-7.5 Residential Zone for the mow: 2 alteration of existing, nonconforming concrete foundation structures by constructing a deck thereupon [LOC 48.215(1) ] ; 3 and r ... 4 (f) A Class 2 variance of 8.5 feet from the required setback of H 'Z 5 25 feet from Oswego Lake for the alteration of existing, nonconforming concrete foundation structures by constructing 4 6 a deck thereupon [LOC 48.535(3) ) ; and '..::: ' '..: ,:._-',,. ��� 7 (g) A Class 2 variance of 1.0 feet from the required setback of t ',;' 25 feet from Oswego Lake for the alteration of existing, r, .. nonconforming concrete foundation structures by constructing ' •:, . 9 a deck thereupon [LOC 48.535(3)'] ; and a e : 10 (h) A Class 2-variance of 21.5 feet from the required rear yard t 4.', 11 setback of -25 feet in an R-7.5 Pesidential Zone for the si• , construction of three concrete buttress walls [LOC 12 48.215(1)] ; and . _'; '. 13 (i) A Class 2 variance of 21.5 feet from the required setback of 25 feet from Oswego Lake for the construction of three t- 14 ' concrete buttress walls [LOC 48.535(3) ] ; and 15 (j) A Class. 2 variance of 7.4 percent in excess of the maximum 16 allowed lot coverage of 35% for an, interior lot in an R-7.5 Residential- Zone for the construction of the two 17 aforementioned decks and an exterior stairway leading from b ' . 18 each deck to -grade (LOC 48.225(1) ] . (South side of Lakeview 19 Blvd. between Iron Mtn. .Blvd. and South Shore Blvd. , Tax Lot . , ' 20 4900 of Tax•Map 2 1E 8DB) . + . v 21 HEARINGS 22 The Development Review Board held a public hearing and considered 23 this application at ,its meeting of April 4, 1988. • 24 25 , 26 • • PAGE 2 VAR 9-88(a-'j) • ;, I ;: CRITERIA AND STANDARDS City of Lake Oswego Zoning Code: 3 • r LOC 48.195-48.225 R-7.5 Zone Description 4 LOC 48.650 Authorization to Grant ;': ' 5 Variances LOC 48.655 Classification of Variances LOC 48.690 Action on Class 2 Variance Applications LOC 48.810 Quasi-Judicial Evidentiary Hearing Procedures 8 LOC 48.•815 Criteria for Approval 9 CONCLUSION 10 The Development Review Board concludes that VAR 9-88(a-j) can be made to comply with all applicable criteria by the application of ' 11 certain conditions. 12 13 FINDINGS AND REASONS 'N. The Development Review Board incorporates the staff report on 4 VAR 9-88(a-j) as support for its decision, supplemented by the 15 following: .. 16 1. Staff offered the following modifications to the staff report of March 25, 1988: "� ' 17 a. Under I. Applicable Regulations, add: 18 To City of Lake Oswego Zoning Code, LOC 48.535(3) - 19 Oswego Lake Setbacks; and to City of Lake Oswego Comprehensive Plan Policies, General Policy III; Specific e 20 Policy 4 (Setbacks for Potential Landslide Hazard) and 21 General Policy IV; Specific Policy 2 (Setbacks for 22 Critical Areas Identified) . b. Under II. D.2.a. , The City's Comprehensive Plan; delete, „.1 23 'There are no Plan policies which are applicable to the ".w ' 24 request' and add: 25 The applicable policies have been. addressed through the adoption and implementation of LOC 48.535(3) , The 16 applicant has requested three variances (f) , (g) and (i) from this requirement. Further consideration of these PAGE , 3 VAR 9-88(a-j) • 0, __.-5r 'r1 ` . .. " • I policies will appropriately be addressed below. 2 c. Under II. D.2. , LOC 48.650(1) section d. 'The request is 3 not in conflict with the Comprehensive Plan' , add: 4 Garage Variance: The proposed revision to the entry does not conflict with the Comprehensive Plan in any way. There are several structures which are currently 6 nonconforming with regard to Oswego Lake Setbacks intended to meet the Oswego Lake Policies. ti Deck Variances: The proposed decks would encroach no x further into these setbacks than existing structural 9 walls. The site would have improved over previous site 10 improvements by moving away from• the lake by about 30 r ; S feet. , 11 Buttress Wall Variances: Are proposed to' remain or be 12 'relocated at locations which will encroach an equal . 13 distance compared with those existing. No further 't conflict is anticipated. 14 d. Under III. Recommendation C. , change the 'two westerly 15 buttress walls' to read 'two easterly buttress walls' . 16 2. Robert Budihas (applicant) and Tanya Durham (designer) presented a photographic slide similar"',to Exhibit 12, a pair .. 17 of polaroid photographs of the site viewed from the south. 18 The applicant testified regarding the demolition of a former 4A, 19 structure on the site, methods of removal employed, and ,.'. engineering concerns. I 20 3. The applicant submitted a summary of lot coverages found in 21 the neighborhood of the site (Exhibit 13) , and a letter by 22 Tim Covert, Structural Engineer, regarding site disburbance (Exhibit 11) . * ' 23 4. Vergil .Vogdall submitted Exhibit 14, a map by the Southern 24 Pacific Co. , allegedly showing retaining wails present in the ry 25 vicinity in 1918. 5. The Board agreed that the applicant's request did not 1,.; ; 26 increase the nonconformity of existing structures and that a d 't (1 .t, PAGE 4 VAR 9-88(a-j) ...'a C! c , ` K +a ,fat ��'Yr' ') • hardship exists with regard to the appearance of those 3 structures. 4 cF' n 5 ORDER 6 IT IS ORDERED BY THE DEVELOPMENT REVIEW BOARD of the City of Lake 7 Oswego €hat: ' 8 •l. VAR 9-88(a) , the Garage Variance, is approved. 2. VAR 9-88(a) , (d) , (e) , (f), (g) and (j) with regard to the 9 Deck Variances, including adjacent stairs, is approved. 10 3. VAR 9-88(a) , (h) and (i) for the westerly buttress wall is 11 approved. 4. VAR 9-88(a) , (h) and (i) , for the two easterly buttress 12 walls are denied. 13 14 16 ,:a 17 ' r 18 19 20 21 • - 22 • 23 24 25 26 • PAGE a 5 VAR 9-88(a-j) w + 2 3 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the Development Review Board of the City of Lake Oswego. 4 5 DATED this 16 day of hsayr --, 1988. 67 7 .mes A. Miller, Chairman g .:velopment Review Board 9 10 ' , I?: (\\7L Se• ,et,: y 11 12 ATTEST: . 13 ORAL DECISION - Apri1. 4, 1988 '' 14 AYES: Zinsli,. Martindale, Swillinger, Ingram, Greaves, Miller 15 NOES: None ABSTAIN: None ,,.! 16 ABSENT: Foster 17 1988 WRITTEN FINDINGS - Mav 6, 18 AYES: Miller, Greaves, Swillinger 19 'NOES: None ��. 20 ABSTAIN: Foster . 21 ABSENT: Zinsli, Ingram, Martindale , ?2 WRITTEN FINDINGS - Mav 16r 1988 23 AYESt Irwin, Zinsli, Martindale, Swillinger, Greaves, Miller • • 24 NOES: None . ABSTAIN: Foster . 25 ABSENT: None 26 PAGE 6 VAR 9-188(a-1) a' 1 . 4. .) •-'..\ r• May 4, 1989 • v ' P.O.Oo.769 kVl Omi.gon 9 7O ]4 t t rwminp M . Robert Budihas \/ 503.635.0290 2950 Lakeview Blvd. EnOnseinD Lake Oswego, Oregon 97034 S0A655.270 5A9.675.07DA 35.O3np Re: Boathouse at 2950 Lakeview Blvd. 5AJ•655.0969 Dear Mr. Budihas: ' Pursuant to my letter of April 20, 1989, and the 1....' conversation between you, Mike Wheeler, and myself on .April 25, 1989, this letter is to confirm that, in order to legalize the new boathouse at the above residence, you W • will need to receive City approval in the form of a lot G line adjustment or a variance and then proceed to obtain the proper permits. If you do not wish to legalize .the 9 Q. boathouse, it will have to. be removed. :in If you wish to cure-the apparent zoning and building code ' 0• . violations with respect to• the boathouse, you will have to. J apply for the lot line adjustment or the variance oh or , :�. before.5:00 p.m. on June.•2, 1989. If you choose, instead., .to' remove the boathouse, ,it must be completely removed o•n •.or;before the same.date, 5:00 p.m"on June 2, 1989. If 7•'.. 'O> `..you have not made application'with 'the City for a land use ' WW .action:iand the boathouse'remains on the property after C June 2,'^•.the City will'.take whatever action is necessary :to ! i.J,i4 enforce,.its zoning and building-codes with• respect' to the J;.. ••�a it above referenced property: •t±.` .l '�>f+ir.,.iyfJ .i♦i.sincere1y, - - 44' 0`� . �` 1: .. . V/ v ' " - . ,,,,,,,,,, P,_Dennis Parr �•,. Plans Examiner • • ..�.J � /jj 0.1 Inca - 0 0 S2S ,, STAFF REPORT . CITY OF LAKE OSWEGO , , LAND DEVELOPMENT SERVICES DIVISION • APPLICANT: FILE NO. : • ' Les Schwab Tire Center DR 14-89/SD 35-89 PROPERTY OWNER: STAFF: ' 17355 Building Partnership• Lynn Bailey ' LEGAL DESCRIPTION: DATE OF REPORT: Tax Lots 3700, 3800 and July 7, 1989 3801 of Tax Map 2 1E 18BA Tax Lot 600 of Tax Map 2 1E 18BD LOCATION: DATE OF HEARING: 17171 SW Boones Ferry Rd. July 17, 1989 • COMP.• PLAN DESIGNATION: ZONING DESIGNATION: IP IP I. APPLICANT'S REQUEST The applicant is requesting approval to construct a 44- space parking lot on the southern two-thirds of the - • site, The northern third is proposed to remain undeveloped. The proposed lot will serve as an expansion to the existing parking area for a tire • service center. This request also includes a lot line adjustment, as, shown on Exhibit 1. , , II. APPLICABLE REGULATIONS A. City of Lake OsWego Zoning Ordinance: LOC 48.340-48.375 Industrial Zones Description ,.;r DR 14-89/SD 35-89 Page 1 of 11 • • • • B. City of Lake Oswego Development Code: • LOC 49.090 Applicability of Development Standards LOC 49.140 Minor Development LOC 49.215 Authority of City Manager LOC 49.300-49,320 Major Development Procedures LOC 49.615 Criteria for Approval C. City of Lake Oswego Development Standards: 5.005-5.040 Street Lights 7.005-7.040 Parking & Loading • 9.005-9.040 Landscaping, Screening & Buffering 11.005-11,040 Drainage for Major Development 14.005-14.040 Utilities 18.005-18.040 Access 20.005-20.040 Site Circulation - Bikeways and Walkways D. City of Lake Oswego Comprehensive Plan: • Impact Management Policies • • General Policy II, Specific Policy 3 Industrial Land Use Policies General Policy I General Policy IV Lake Grove Industrial Park District Policies E. City of Lake Oswego Tree Cutting Ordinance: LOC 55.010-55.130 III. FINDINGS A. Existing Conditions: 1. The site is relatively flat with a small hill on its northern portion. It is currently undeveloped and overgrown with weeds, grass and Wildflowers. 2, ,The site is approximately .74 acres in size, Only the southern .48 acres is proposed for development at this time. The remaining northern third will be left undeveloped after minor grading related to construction of the parking lot. DR 14-89/SD 35-89 Page 2 of 11 1 3. The site is surrounded by the following uses: : ' East: Les Schwab Tire Service Center West: OTAK Office Building North: Southern Pacific Railroad South: Boones Ferry Road ' 4. A public storm sewer system does not exist in Boones Ferry Road along the frontage of the proposed parking lot. A storm drain system t exists in Boones Ferry to the northeast. 5. The following previous case files are relevant , to this request: a. ZC 15-83 - On January 23, 1984 the Planning Commission, and on March 6, 1984 the City Council, approved a zone change to allow tire service use in the IP zoning. The approval was granted with conditions (Exhibit 6) . • b. CU 1-84 - On March 26, 1984, the Planning Commission approved a conditional use permit for a tire service center on Tax Lot 3800. The approval was granted with conditions (Exhibit 7) . C. DR 5-84 - On April 2, 1984, the Development Review Board approved the design for a Les . Schwab building on Tax Lot 3800. The building has been constructed and is in • operation. The Board approved the request with conditions (Exhibit 8) . d. DRA 5-84 - On July 2, 1984, Development Services Staff approved a minor modification to the Board approval described in (c) above. t The modification was a lot line adjustment between Tax Lots 3800 and 3801 (Exhibit 9) . 6. All conditions of approval of the actions described above have been met except for the following: a. Landscaping around the existing Les Schwab Tire Center does not match the plan approved in DR 5-84. Specifically, the site is deficient in required street trees, shrubs and ground cover. DR 14-89/SD 35-89 ' • Page 3 of 11 • • b. The lot line adjustments approved in DR 5-84 • and DRA 5-84 have not been recorded. 7. The deficiencies listed in 3.a. and b. above, are being reviewed and will be corrected upon review and approval of this request. • 8. In addition to the previous case files listed above, CU 1-89 (Modification of CU 1-84) will be heard by the Planning Commission on July 10, 1989. This will allow expansion of the Les Schwab Tire Center conditional use permit necessary for development of the 44-space • parking lot. This conditional use expansion request is recommended by staff to be approved with conditions. The result of the Planning Commission decision Will be available for review • at the Board's meeting of July 17, 1989. B. Proposal: The applicant proposes to construct a 44-space addition to the Les Schwab Tire Service Center located at 17171 SW Boones Ferry Road. The new parking lot would connect two existing parking lots. In order to reflect previously approved lot line • adjustments and to ensure that the new parking lot will be on the same lot as the existing tire service facility, a lot line adjustment is also proposed. C. Compliance with Criteria for Approval: As per LOC 48.615, staff must consider the following . criteria when evaluating minor and major development. The minor development aspect of this • request is the proposed lot line adjustment. The proposed parking lot review is major development. 1. The burden of proof in all cases is upon the applicant seeking approval. The applicant has provided sufficient materials with which to evaluate the request, as evidenced by the exhibits attached to this report. 2. For any development application to be approved, it shall first be established that the proposal conforms to: a. The City's Comprehensive Plan; Applicable policy groups are: DR 14-89/SD 35-89 Page 4 of 11 I • m Impact Management Policies These policies require a comprehensive review of development proposals and compliance with applicable codes prior to 1§ approval. Compliance is being assured through this • report. Industrial Land Use Policies General Policies I and IV are applicable to this request. Policy i encourages environmentally compatible industrial development located in visually attractive • structures in landscaped settings. A structure is not proposed with this request, but the proposed landscaping can be reviewed for its visual compatibility with the adjacent uses on either side. Circulation patterns can also be reviewed to ensure compatibility with adjacent design. During evaluation of the development standards further on in this report, the proposed landscaping will be reviewed and changes recommended in order to assure that the proposed parking lot will be visually compatible with the office parking to the C west and the tire service use on the east. The change in on-site circulation which results from connecting the two adjacent lots will also be reviewed for adequacy. . General Policy IV encourages industrial , development by designating industrial park areas in the Comprehensive Plan. Since the site is designated Industrial Park on the . Comprehensive Plan Map and the proposed use is an expansion of an approved industrial development, this policy has been met. • Lake Grove Industrial Park District Policies The applicable policies for development in this district require: - enhancement of the area's general appearance, ' DR 14-89/SD 35-89 Page 5 Of 11 • • - encouragement of shared access for development on small adjacent parcels. The site is currently undeveloped and • overgrown with weeds and other vegetation. Approval by the Development Review Board of the proposed parking lot will result in • improvement of the general appearance of the site and abutting uses. (The vacant field will be replaced with a use that will blend with and provide a transition between the existing abutting development. ) The requirement for shared access is being met because no new access is proposed. The • proposed development will use the existing access for the Les Schwab Tire Service Center to the east and OTAK office building to the west. The north portion of the site is proposed to remain undeveloped. b. The applicable statutory and Code requirements and regulations. Zoning Code Requirements and Analysis A tire service facility (and therefore its related parking areas) is allowed as a conditional use in the Industrial Park District. Conditional Use approval for the • site is currently being reviewed by the Planning Commission. The proposed lot line adjustment will result • in lot lines which more accurately reflect the existing uses in the field. No minimum or maximum lot sizes are specified in the Industrial Park zoning standards. Maximums or minimums may be established by the Development Review Board at the time of review. Required yards, FAR maximum and height restrictions are not applicable to this request because it does not involve a structure. Development Code Requirements and Analysis This request is appropriately being processed as major development. Public notice and site posting were provided, as DR 14-89/SD 35-89 Page 6 of 11 • required by LOC 49.300-49.320. Typically, a I r lot line adjustment is processed as minor development. In this case, the proposed lot • line adjustment is being reviewed in conjunction with the parking lot design review, as required by LOC 49.140(2) . c. The applicable development standards. Tree Cutting Ordinance Requirements and • Analysis There are two large cottonwoods on the site approximately 25 feet from Boones Ferry Road. The applicant has proposed to retain these trees. A tree cutting permit is not required. Street Lights (5.005-5.040) • This standard is applicable to parking lot developments. Two 30-foot light poles with 100-watt fixtures are proposed for parking lot interior lighting. Luminaires will utilize cut off light distribution to minimize off-site glare. Based on comments received from engineering staff, lighting of Boones Ferry Road is not required. Parking and Loading (7.005-7.040) Although the proposed parking lot expansion is not necessary for the adjacent tire service facility to meet its Code parking requirements, the applicant stated that the " existing parking for the service facility has not been adequate. The proposed stall Widths and depths and the aisle widths meet the minimum requirements set forth in DS • 7.020(7) . The proposed parking surface of 3 inches of asphalt over 9 inches of rock, Will be sufficiently durable for the v • proposed use. Landscaping, Screening & Buffering (9.005- 9.040) DS 9.020(1) requires 15 percent landscaping for industrial development. Fifteen percent of the .74 acre site will be landscaped. DR 14-89/SD 3S- 9 Page 7 of 11 • The proposed landscape plan encompasses 15 percent of the entire site ("entire site" includes the northerly third proposed to remain undeveloped) . Street trees are proposed as required by DS 9.020(4) . Screening and buffering from the office use to the west is proposed in the form of densely planted Canadian Hemlock along the west property line. An automatic sprinkler system is proposed as required by DS 9.025(3) , but an irrigation plan was not submitted. Prior to issuance of any site development permits, the applicant will be 'y required to submit an irrigation plan for staff approval. *, The existing landscaping on the adjacent tire service facility to the east does not comply with the previously approved plan. Based upon review of the previous file • ° • (DR 5-84) and upon site inspection, staff has found that the existing landscaping ot, the tire service site has not been maintained, as approved. In order to ensure that the landscape plan for the new parking lot visually blends with the existing site to the east, staff recommends that it is appropriate to require the applicant to provide a landscape plan for the deficient site prior to final approval of the new parking lot proposed in this application. In order to break up the view of the building face from Boones Ferry, blend with the proposed new parking lot and meet the standards of DS 9.005, staff recommends that street trees and additional ground cover be included in the landscape plan for the existing tire service facility site, Finally, the applicant should illustrate the landscape treatment for the northern third of the site which is proposed to remain undeveloped. Drainage for Major Development (11.005- 11_040) The drainage plans (Exhibits 10 and 11) illustrate that the site will be graded so that drainage is first routed to the center of the site (and detained there, if DR 14-89/SD 35-89 Page 8 of 11 b '/ necessary) , then east and north to new piping to be constructed along the north edge of the adjacent tire service facility lot. There is an existing 15 inch concrete pipe along the east edge of the tire service . facility site which is connected to a pollution control manhole and storm system in Boones Ferry Road (Exhibit 11) . The proposed drainage plan is in conformance , J with DS 11.005, but has only preliminary • approval of engineering staff. Prior to issuance of a building permit for the proposed parking lot, the applicant will be required to submit a revised drainage plan for engineering staff approval. Modifications that may be required include use of the existing open drainage swale on the tire service center site instead of construction of pipe. • Utilities (14.005-14.040) Connection to the adjacent tire service facility water line is proposed for the irrigation system. As described previously, connection to public storm drainage utility ------\ via a private system serving the site and adjacent site is also proposed. Connection to sanitary sewer is not required because sewage will not be generated by the parking lot use. Based upon preliminary review by the building division staff, the site is a major fill area and compaction reports and construction details for the parking lot are required. Compaction reports prepared by a registered soils engineer and staff approval of construction plans will be required prior to the issuance of p building permit for the parking lot. All utilities to the proposed development will be constructed underground. Engineering staff has determined that street lights on Boones Ferry are not required. Sidewalk exists along Boones Ferry Road. Access (18.005-18.040) No new access onto Boones Ferry (toad is proposed with this request. The parking lot DR 14-89/SD 35-89 Page 9 of 11 • will be connected to adjacent development parking lots on either side; therefore, reciprocal access agreements need to be provided. Copies of reciprocal access easement agreements and staff approval prior • to recording will be required before a building permit is issued for the new parking lot. Site Circulation - Bikeways and Walkways • (20.005-20.040) A 5 foot wide sidewalk in good repair exists along the frontage of the site. No additional provisions are necessary in order to meet the standards of DS 20.005-20.040. d. Any applicable future streets plan or ODPS. There are no such plans which affect this site. E. Conclusion Based upon the materials submitted by the applicant, staff concludes that the proposal complies with or can be made to comply with all applicable criteria. • III. RECOMMENDATION Staff recommends approval of the proposed parking lot expansion and lot line adjustment, subject to the following conditions to be fulfilled prior to issuance of a building permit or construction permit for the t. parking lot: 1. Provide legal descriptions (metes and bounds) to be specified on legal instruments for title transfer for recording with Clackamas County clerks Office for the proposed lot line adjustment (as depicted in • Exhibit 1) . Actual recording is a condition of approval of this decision. When recorded, the instruments for all new parcels shall reference this land use application -- City of Lake Oswego Land • Development Services Division, File No. DR 14-89/ SD 35-89. 2. Provide reciprocal access easement agreements with documents required, in Condition 1 for lots shown as 3700 and 3800 on Exhibit 1, 4 DR 14-89/SD 35-89 Page 10 of 11 y. -n. -'—x :.':.i .W-- - na it••fkl+. M --a.........:...y.y,..u,. r. . _ .' :._..: . V .. _ . 3. Submit the following plans and relevant revisions for staff approval: t,. a. Irrigation plan for new parking area. b. Final drainage plans for the tire service facility including the new parking area. 1, c. Construction plans, including compaction report, prepared by a registered soils engineer, for the . new parking lot. d. Landscape plan, including additional street trees and ground cover, for the developed portion of the tire service center site. This plan shall demonstrate visual compatibility with the proposed landscape plan for the new parking • f lot. Treatment of the northerly third of the site proposed to be left undeveloped, shall also be illustrated. Exhibits • 1. Tax Map (indicating proposed lot line adjustment and area of development of proposed parking lot) . 2. Applicant's Narrative • 3. Site Plan and Off-site Analysis 4. Site Survey 5. Landscape Plan 6. Findings, Conclusions and Order, ZC 15-83 7. Findings, Conclusions and Order, CU 1-84 ' • 8. Development Review Board Meeting Minutes, with approved conditions of approval for DR 5-84 • 9. Site Plan Indicating Previous Lot Line Adjustment Approved in DRA 5-84 10. 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I, `` , 1 r 1 t'�,i4 t : y404o`� • . • } ' arti 1-2.h• '' 1,. yi ,t•tgj,,4,l/t/If-,.!rin t ." Fyi• „Jt,VIt Y•t ••+,.. igO�O.V '••'•lia,<'..•'•1 •'t wlh+. btil!•It t n' �.1 ,t4 / ,ttr. t d 1J'�41! •'44t t '''t:1 s• rel.�• t ::� ,t, i �., .i' > ,.„, , • • c ��'• ' EXHIBIT �`Yn1,'‘1� ,t ,t iAhn l'4,wk, ` `'r`01/u " • t. u. .1 • .. • t ,1 ,r 9 t •11,�,, t It ' i h. I 1�{ ,+ 1e#O ti, + tl 1°l 'L(J L Z I ,,• 1 L• I p.BP i1 ,,1 4' Vt• " o - ���F•y• l• Vnt1,r l9FF!)i`.� iS r • • 6••8� y M A . tt i •#. eri •'• 1 ` It 3, V,, •,, :rota,.,. , • •tt17.t•: •Y j}lt»'01 (ir. JJ i t< 11.:•t " nt "'t,J+., I+ - ., O l , v r PROJECT'SUMMARY SU A) STA'�MENT OF INTENT . The intent of this request is to receive development review approval for a 44 space addition in parking for the Les Schwab Tire Center at 17171 S.W. Boones Ferry - Road. . The subject property is approximately.74 acres and is described as a portion tax lot 3700 21E 18 BA. The zoning of the property is Industrial Park(IP). project • is considered an expansion of the tire center which requires a conditional use approval by the Planning Commission. That request is currently being reviewed. B) rRnPERTY DESCRIPTION t The property is located immediately west of the existing Les Schwab Tire Center. The parcel to be developed is currently an undeveloped portion of the Southpark Development at 17355 S.W.Boones Ferry Road. A lot line adjustment is currently being reviewed by the City of Lake Oswego which would move the current property line between tax lot 3700 and tax lot 601 of 21E 18 BD to the Westerly line of the proposed parking lot, C) DEVELOPMENT SCHEDULE Development Review Board Approval - July 17, 1989 • Construction Plans Submitted July 18, 1989 City Engineer Review • - July 18 - Aug. 1, 1989 Construction Begins - August 1, 1989 i "1" 4 EXHIBIT IiiS r , • COMPLIANCE WITH LAKE OSWEGO DEVELOPMENT ORDINANCE AND STANDARDS (Th The following are responses to the applicable sections of the Lake Oswego Development Ordinance and Standards related to the proposed development. The preliminary plans are enclosed in the appendix and are in response to the applicable standards and should be reviewed in conjunction with this narrative. SECTION 5.005-STREET LIGHTS { Area lighting consisting of two 30-foot light poles with 100-watt fixtures will be provided. Their location is shown on the utility plan. The lighting will utilize cut off light distribution luminares to minimize glare. SECTION 6.005 -TRANSIT SYSTEM The proposed development of the site as a parking lot will generate little if any demand for transit. The user of Les Schwab's service will all be arriving by private vehicles as it is the vehicles which require the service. The only possible patrons for mass transit would be the employees. The site is not adjacent to an existing transit line. The closes transit is line 37 which turns off Boones Ferry Road onto Lake Forest Blvd. approximately 1 mile to the east of the subject property. Sidewalks exist adjacent to the subject property and continue to the railroad crossing to the east. From the rail crossing to Lake Forest Blvd., there are no existing sidewalks. SECTION 7.005-PARKING AND WADING STANDARDS The proposed parking lot is being provided as an addition to the 24 stall lot currently serving Les Schwab. The 24 spaces meet the code requirements for number of spaces needed, However, it is not enough to meet the needs of Les Schwab. The tire center currently has 18 employees who will be using the new parking area which will be freeing up spaces close to the service bays for customer parking. The new spaces will also be used for longer term parking and oversized vehicles such as campers and boats that are in for servicing, The surface of the parking lot will be constructed of a durable surface consisting of 3 inches of asphalt over 9 inches of rock, The details of the parking lot are depicted in the appendix of this document, SECTION 8.005-PARK AND OPEN SPACE This section contains provisions for a minimum of 15%of the land to be developed as open • space or parkland, However, further provisions of this section allow the open space or parkland for commercial or industrial uses to be made up of landscaped area. Since the property does not appear to meet any of the criteria for public open space or parkland, the required open space will be provided by landscaping meeting the landscaping standards. The landscaping standards will be discussed under Section 9,005, '2- 1 The amount of landscaping equals approximately 5200 square feet which equals 24%of the • developed portion of the property and is 15.1% of the gross site. SECTION 9.005 -LANDSCAPING.SCREENING AND BUFFERING This section,similar to the previous section,requires 15%landscaping for commercial and industrial sites. As previously mentioned, approximately 24% of the parking lot will be landscaped. When the rear portion, which is to be left undeveloped, is included, the percentage of landscaping is reduced to 15%, The proposed landscape plan provides street trees along the Boones Ferry Road frontage. Additional trees are provided within an internal island and along the rear of the parking lot. The remaining landscaping adjacent to Boones Ferry Road will consist of groundcover and low growing shrubs that will allow surveillance of the parking lot from Boones Ferry • Road. All plant materials proposed will conform to the standards of the American Standard for Nursery Stock and installed according to Sunset Western Garden Book. An irrigation system will be installed to meet the standards of the Turf Irrigation Manual. SECTION 11.005-DRAINAGE STANDARDS FOR MAJOR DEVELOPMENTS The parking lot will be provided two catch basins to collect stormwater. The storm water • will then be piped to the storm sewer in Boones Ferry Road. The entire system will be designed to meet the standards for minimizing pollutants. Details of the drainage system are found in the appendix of this document. SECTION 14.005 UTILITY STANDARDS The proposed development will require connections to the City storm sewer system and will need to be hooked into the existing Les Schwab water line. In addition, electricity will be needed to power the lighting system. Sidewalks exist along Boones Ferry Road. SECTION 18,005 -ACCESS The subject prbperty fronts Boones Ferry Road for a distance of approximately 128 feet, However, no direct access to Boones Ferry Road is being proposed or required, Primary access to the parking lot will be provided from the existing Les Schwab facility to the east, while a secondary access is provided to the Southlake development to the west. This will meet the requirement of Subsection 18.020(3) which prohibits direct access to an arterial when an alternate access is available, SECTION 19.005-SITE CIRCULATION STANDARDS-DRIVEWAYS AND PRIVATE STREETS No private streets are being proposed by this development request. -3- • A. E N 2 . - SITE IR TION STANDARDS - BIICEWAYS AND ___ WALKWAYS. No bikeways or walkways are proposed by this development request. A sidewalk exists within Boones Ferry Road adjacent'to the subject property. LiA LAICE G NIN RDINAN The subject property is zoned Industrial Park (IP)n The only applicable standards that pertain to parking within the IP zone are setbacks which are 20 feet for the front yard and 10 feet for the side yard. The setbacks are met by the proposed development. MINK —ON The opppli development o a parking lot on the subject property is designed to meet all nd of the applicable standardstraction of a much of the l needed adment d t on to therdinance aLes Schwab Tire Center, Approval will allow construction I 1 1 SIT -4- a el • • • 4...p.m . 1‘...156‘\ 1 *v•,V. „„,4„..,1c3;:P.- . , ;.*-44-'A w�`ct ' y y� ti 74, �..J1• 4yljyw•- .4,4 ;;I f • a{ .•.1. �.. C a. -jam W. sI. '•" •�.';�•. , N. , i sq+e,.spr• �•a . fi .tw117!., t . .., aY! ...t. d • : t{fi„r am %f M i_',• vim'.• 1 ZT, -'—--— ti ..{ • .a) _ o �i? j,-.Sr "�,)�s:tir-.��], ` 6 e'Pj Z to. r ."` Y : 4 v •' x ' /4Rra" n . ' 41 • .N�Z.' • . 1yY1T I f •�.s.,.w.i-v� tiT r . / w fJ. ., ,hey• "-C fF y:1y..5.1:I'.>.i ° *IV:,*;.:', 14...1,-,140.%.'"*.471 :t_ii".. •••••.`1'.' ..r.r.,..r,:it•:A,....t4t.T. \ ���777*444 P 4h , 1 lt) \ ,\ \ l • /' \/4/ b. \ti,) ♦4 EXHIBIT I 1`` LES SCHWAB TIRES ' i ��+• v. a s 14 SITE.SURVEY. it�; i�' 4inif 4 d�`1/•idea { A ukE os*aao;onEaoM J�f II 1 1 I .. 4 • IX 1r U,6XXI Ya NVId DNI.LHDII 11003110.007Ms0 aIn Ili' aNV 3dVDSaNVI �� S3d11 9tlMHaS S3'I iI i 1 119.I H X 3 r� a . 10 1 //'/ i . ! /1 i . S. 11 I IY G la E/ \. f d ay • yid t ti° / // , 0,.04. °eb 9 "' 411 lti \ E , �l� ' • \\ ,,, s.,'N.,, iir;,.- \ i 3(. it�•ti % a�5� 0 U c �;ii 1 C . Jy ~ ti 11 4 fmr4,k\ I i 19111 ;q ;ti C ,' Y yI \c. I'e ,.....f. 61 4's �1�� i• • \ • \ Or ' F ' G C` ?t IV Q a�Ality/ II .;o ; • Yi 9 TOO "i I ii p s J E �a / i 1 i 11 Ili 11 I. I Iis . 4 i t it .= it € a fill WI Int lc Zo ]ptl§! rJ] gjIiiI i eta 0. • w Y Y w Y . 1 • r-•' C 1 BEFORE THE CITY COUNCIL - 2 OF THE CITY OF LAKE OSWEGO. 3 Request for Zoning Code ) ; Amendments to Allow Retail ) ZC 15-83-103 4 Sales'of Tires, Batteries ) s and Accessories in the ) FINDINGS, CONCLUSION AND ORDER 5 Industrial Park Zone ) ' 6 Nature of Application 7 This application is for a Zoning Code Text amendment to { 8 allow retail sales of tires, batteries and accessories for motor 9 vehicles. in the Industrial Park Zone. 10 Hearings 11 The Planning Commission held public hearings on this 12 application at its meetings of January 9 and January 23, 1984. 13 The City Council held a public hearing at its meeting of J. 14 February 21, 1984. • Wz k W 15 Criteria, Findings and Reasons �d Y� 16 The Council relies on the Order of the •Planning Commission, ,J�d JOW o 17 ZC 15-83-54, dated January 23, 1984 and the Council Report on ZC U o l 2"Y 18 15-83, dated January 30, 1984, as support for its decision. • gd6 19 Conclusion ow ay 20 The City Council concludes the proposed amendments are F ' B 21 consistent with the applicable criteria. z . 22 IT IS ORDERED BY THE CITY COUNCIL OF THE CITY OF. LAKE �,r 0 z 23 OSWEGO that an ordinance be prepared to amend LOC Chapter 48, 24 the City Zoning Code, in the following manner: r 25 26 �EyXHIBIT Page 1 - FINDINGS, CONCLUSION AND ORDER 3U 16 of/%�q/SD..? WY . � � �:. • r 1 1. Amend LOC 48.360 by adding a new -subsection 7 to read 2 as follows: 3 "7. Retail sales of tires, batteries and motor vehicle;• 4. accessories. " • n 5 2. Amend LOC 48.605 by adding a new subsection 6 to read , 6 as follows• : 7 "6. For retail tire, batteries and accessory sales, the 8 following criteria also apply. 9 a. Must be located on an arterial street; ' 1 10 b. Must be within one mile by road of an 1-5 , 11 interchange. 15 to the general 12 c. Must provide service to the industrial park 13 Uses as well as retail service A � 0 m 14 public. .Such industrial service shall be WZ o uj $ 15 included in routine advertising for the O ZY 2S� 16 • business; cN 01. 17 d. Site and building design shall s uw° • give attention W . x 18 to the specialized requirements of industrial aZ� o W 19 park users by such mechanisms as review of w 20 turning radii, height and width of service °H 21 doors, dimensions of storageparking for i 22 vehicles waiting to be serviced, and internal 23 • site circulation; '4 23 24 e. Only one two-way access to the arterial is 25 allowed. A one-way internal street With two 26 Page 2 - FINDINGS, CONCLUSION AND ORDER n i " 1 1 I certify that this order was presented to and approved by . - 2 the City Council of the City pf Lake Oswego. • 3 Dated this 6t1h day of March, 19,84. .. .-6--- 65 C. Herald Campbel , i;ayor 6 Vote at the Council meeting on February 21, 1984 ` ' 7 • . 8 .ZC 15-83 • AYES: Campbell, Woller, Young, Roberge, Schlenker 9 NOES: Avery 10 ABSTAIN: 11 ABSENT: Holman ' 12 Doc. No. 437C • P,,. 13 M 14 wa0 . w 1§ 15 ow z'2aa`O 16 icJo U,u.W U • r� 17 . o W.ul 18 b. . ii w god¢ 19 aG 20 { "1 11 . a 22 0 z • tri 23 m 24 • 25 A - 26 • Page 3 - FINDINGS+ CONCLUSION AND O12DER . } ,, _.-...'__. .,....-.-c...-.,..-...._ - ' -........ 1HL BEFORE J THE PLANNING COMMISSION OF THE CITY OF LAKE OSWEGO 3 REQUEST FOR CONDITIONAL USE) Cu 1-88-115,APPROVAL FUR A TIRE, ) (Al Kenney & Les Schwab Tire 4 BATTERY AND ACCESSORY RE- ) ter, Inc. ) C) enter, CONCLUSION AND ORDER TAIL OUTLET ON BOONES FERRY; 5 ROAD. •6 NATURE OF APPLICATION This application is for a request by Al'Kenney and Les Schwab Tire 7 center, Inc. to construct a building for vehicle equipment and 8 service in an Industrial Park zone. The proposed use would be ' 9 located near•the corner of Boones Ferry and Pilkington Roads. The . site is 1.27 acres and is more specifically described as'Tax Lot'3800 10 and 'parts of 3700. and 3801 of TM 2 aE 18BA. 11 HEARINGS ' 12 The Planning Commission held a public hearing and considered this t application at its meeting of March 11, 1984. FolioWing the 13 the Planning presentation of exhibits and testimony at that hearing, 14 Commission voted 7-0 to APPROVE the request. FA _. The following"is a�summary of'the facts and testimony presented which 16 P were found most relevant_ to this decision. .These facts are, presented •' y :�;1984 the, 17 - :•.in mOz detail in the staff report datedrFebruar „•29 _ r , 18 applicant's• proposal,, Exhibit B, dated February,9, .and;the:,minutes of 13• :;.j .1J.,t, •tt.iJ:'• ,:• 19 ' ' the�,he'ating. • l. The Planning Commission and. CaitytCouncil approved a zoning :PI . ;Air,;t ,b ,rf. •,J. '`tie,,t amendmentto. theIndustrial Park AoneLalloWing tire/b'attery'and accessory,retail sales as a con•ditional I use: 22 2, Criteria were adopted as past of that :amendment which S 23 • t address`ed public facilities,.access points,; ingress and 24 egress, provision for service of industrial• vehicles as • well as passenger cats, lighting and buffering, pa'iking 25 and location. 26 • t 1 (CU 1-84) { B 1 T 2180P/SM'1/mas 156 1 CRITERIA i 2 The request under consideration was a quasi-judicial procedure, the conduct of which is regulated by LOC 48. Applicable requirements of 3 the Lake Oswego comprehensive Plan, LCDC Goals and city Codes and 4 Ordinances were applied. The following criteria were found by4the ' .15 Planning Commission to'be most relevant to this decision: 1. LCDC Goal Requirements: 6 7 Goals 11/12 - Transportation and Public Facilities . 2. Lake Oswego Comprehensive Plan designations and policies: 8 9 , Lake Grove Industrial Park Land Use Policies - Page 82 1 ' 10 3. Zoning Ordinance provisions: • LOC 48.605 as amended by.the Commission and Council 11 • i ' LOC 46.550 - 48.5.80 - Conditional Uses 1 12 • ri13 4. Other Code provisions:. f. None .. 14 15 FINDINGS•OF FACT After consideration of the relevant FACTS and applicable Criteria, 16 the'planning Commissionr'found that ' 17 1 The, applicant'had•`presented informa• tion •show in' g compliance .. 18 With LOC`48.605 t .� r•:., :;'. . .. ,l .tip.. . 2 The site its located on an•arterial street Within a mile of 19. an 1-5 Interchange. . d 20, 13 The, buildingnd 'site are "designed to serve industrial 21, veh'iales;: • 4 Only one `access is planned. s 22' 5. Public facilities are available to the site or planned as 23. :* part`,of the .Boones Ferry Widening project. , 24 ,.. 6. Parking demand appears to be met, 7. Final decision on 'ingress/egess and buffering should be 25 made by DeVelopment Review Board as they review the site ' 26 design. i Page 2 (CU 1-84) 2180P/SMY/mas 0 I*. . °1 REASONS AND CONCLUSIONS • (g..4 The prbposal can be made to comply with the relevant criteria through application of certain conditions. 3 ORDER 4 It is ordered by the Planning Commission of the City of Lake Oswego 5 that CU 1-84 be GRANTED subject to the following conditions: ' 1. Adequate buffering of the site be provided at the; rear 6 property line and a grading plan be submitted for 7 Development Review Board showing existing and proposed 8 site contours. 2. The applicant provide information which: will allow DRB, in 9 reviewing the site plan, to determine that ingress and . 10 egress will not cause hazardous turning movements, traffic 11 slow-down or blockages d.,e to shortage of vehicles waiting for service. This information should include numbers and 12 types of vehicles being serviced at similar Les Schwab 13 facilities. . 14 I CERTIFY THAT THIS ORDER was presented to and APPROVED by the planning Commission of the City of Lake Oswego. y DATED this 26th day of March, 1984. 16 17 0 .)( ' . . 18 Ormond Bean, Chairman 19 planning Commission 20 ' 21 1/,?:".(/- ve' • 4(.".";c74e/Ce 22 Sandra Young, Stary 23 ' • ATTEST: 24 1 (Vote of March 12, 1984) 25 AYES: Bean, Brockman, Ross, Robinette, Smith, Rosencrantz, Wexler 26 NOES: None e ABSTAIN: None ; ABSENT: None 3 (CU 1-B4) 21Bop/SMY/mas s _. ( I . A 'iI rl' .Il• VE CITY OF I OSWEGOI i���V D DEVELOPMENT REVIEW BOARD MEETING 1 LAKE APRTL 2, 1984 The Development Review Boaxd.meeting was called to order by Chairman Richard Hutchins at'7:36 p.m, Board members present were Chairman Hutchins, Katherine Ericsson, Jo� tocn,euchi Rischard dsltck, Anthony nt „,: Wright, and John Glasgow. Lynn were City Planner Bob Galante and Secretary Kzist Hittchcoock meeting. Ericsson requested an excused absence for the Apr , i APPROVAL OF 11n UPES 1 The approval of the March 5 minutes was sl verified d bMy.a second votvote, eg in Chairman Hutchins, Ms, Ericsson, Mr, ighEv Ling favor, and Mr. Fulton and'Mr, Glasgow abstaining, G7as Eslick seed the tented four a.Pproval of the minutes of March 19,, 984as Glasgow, Gl, ggxicsson, and ihairm aHd ct•. gp s voting ng in favor. M , r.Wrigh abstained. ' Chairman Hutchins voting Y_1'LTIONS AND COMMUNICATIONS - None PUBLIC HEARINGS . A si a lication b Leonard Reineckesf r T wasexaco nc Ind from the structu 19 ocate at Avenue, This xeque • meeting, Mr, Galante,reported that 47,470(a) of the Sign Code was particularly relevant to this application. He said that staff recc a nrded appa andl of the sign application as it conforms to all; applicable standards. Mr. Eslick expressed concern that the Conners determination that this was a wall sign and not a canopy sign would set a precedent for other • businesses requesting signs. He asked if the applicant bad considered other approaches to construction of the sign.that were suggested at the last meeting, Leonard Radecki' 'RFd S' .' r rededt' 'Ttdo' Inc. said that they were notn cons er g o er signs or t s at ty. In answer to a question from Mr. Fulton, he said this is the smallest standard sign that Texaco has for their stations. expressed his support for the new sign which would improve Mh, site a rsi Mr, Eslick disagreed, tie agreed that the aver the existingy sign, neon (brightlylighted) the signwas aesthetically better, but and thatif it ut not backlit, signs were not what Lake Oswego it would be mare acceptable, Mr. Glasgow said that one alternative solution would be to manufacture the inches smaller Code, ando meet eththe • ed Code; the si b appraved,r�The Deveellopmant Review BoarcPs efforts should go into adopting a new sign code, Mr, Eslick said this should not set a precedent a that all similar canopy signs are considered as wall. signs. EXHIBIT �. ,'ors r lr • ' i DEVELOPMENT REVIEW BOARD MEETING • APRIL 2, 1984 . Page 2 ' Following further discussion, Mr, GlasgoWMOVed that the Board accept they sign application for the Texaco wall signs,' The motion was seconded by , . • Mr. Fulton, and passed with Mr. Fulton, Mr, Glasgow', Ms. Ericsson, and Chairman Hutchings voting in favor, Mr, Eslirk voted against the motion, DR 5-84 - A continuation of a request'by'AI'Keriney arid'Les Schwab Tire Center, Inc. 'for approval to construct a'buuilding an the property which r is located on the northwest side of Boones Ferry*Road, near Pilkington Road, . • Mr. Galante presented the staff report, He said that staff recommended' approval with conditions, He gave the Board Exhibits L and M for review • and stated that signage will meet vision clearance requirements, eliminating the need for condition number two, He answered'questions from Board members regarding drainage on the site, drawing their attention to Exhibit H. f Lanny Lyle, 'Vice'President;'Tres'Schwab'Tire Center's, spoke in behalf of ' the application, He said that conditions 1, 2, 5, 6, 7, 9, 10, 11, and 12 are acceptable to them, He 'said that: • Condition 3, which required "split faced" concrete block was a • o problem because they'could not determine what this was. They are not opposed to using a block which has more design to it if it could be limited to use on the front of the building: The two side views would be hidden by shrubbery and would not need a texture, t, He said that mechanical equipment on the roof of the building actually looked better it not screened, and sited an example in Oregon City, He said the unit was , painted the same color as the roof and is 4' x 3', Condition 4, requiring parking stalls dimensioned td City. Standards, was not acceptable because their primary use for this . facility will be to service delivery vans and commercial vehicles, and they are generally longer' than the 16 feet • requited by the City of Lake Oswego, Tir, Lyle requested . that the Board approve the parking spaces as they have • • them proposed, They would increase the number of small car parking units if necessary', The felt the mount of landscaping was Mere than adequate, Condition 8, limiting fence height to 8' would not provide adequate security, They have had tires stolen from lots with -- both 6' and 81 fences, and requested they be allowed a 101 fence, He answered questions from Board members, • No one spoke in opposition to the proposal, and Chairman Hutchins closed ' the public heating for Board deliberation, The Board discussed conditions 4e which they felt had been met, and those which should be modified, Mr, Galante 'Summarized the conditions outlined by the Board, • _ T • • r • BOARD MEETING V DEVELOPMENT RE,PLEW 1, APRIL. 2, 1984 Page 3 j! " In response to questioning by the Board, Albert Kenney, Consulting Engineer, . 738 East Burnside, Portland, said that the reason for the request for . i textured concrete on only the front side of the building was that the smooth surfaced concrete was more easily maintained, + Following farther Board discussion, Mr. Eslick gloved for approval of ' DR 5-84 with the following conditions: 9 1, That a none-remonstrance agreement be signed by the applicant , for the planned street improvenents on Boones 'Ferry'Road, , 2, That wall signage be illustrated in the plans, 3. That building materials be Specified, that concrete block be of a `Broken-faced" (split faced) type for at least the B'oones Ferry Road frontage, and that'screening of roof mounted mechanical equipment be illustrated'in plans to the 'satisfaction • of staff, . 4. That street trees be spaced 35t on.center', and that a tree cutting plan be submitted'to the satisfaction of staff, 5. That Photinia planted as a buffer be.spaced 51: on center, that . ivy (or other suitable groundcover) be planted in all areas not planted with other'materials and that additional trees + (approximately two (2)) be planted at the rear to break up'the , view of the roof for residential properties to the north, 6: 'That irrigation plans, designed to the'standards of the Turf ' • Irrigation Manual be submitted prior to the issuance of building . permits. . 7, That extruded concrete curbs be used in place of the asphaltic rolled curbs proposed. 8, That,final drainage plans and calculations be submitted to ^ the satisfaction of the City Engineer prior to the issuance of building permits. 9, That the lot line adjustment be registered at the County - Surveyor's Office, and that descriptions of the lot shown on a' legal instrument for title transfer be recorded at the County Recorder's Office, 10,, That evidence of the above registration and legal instrument • recordation be provided to the City Planning Department within . a week after execution. 6: The motion was seconded by Mr, Wright, and padded unanimously, ) .. . ._.. P ' ` I' • • DEVELAPMENT REVIEW BOARD MEETING • APRIL 2, 1984 • Page 4 OTHER BUSINESS - Findings, Conclusions, and Order • DR 1-84 - Mr. Eslick moved to sign the findings with. additions made • by staff as requested, The motion was seconded by Mr, Wright and passed uananiimus , DR 2-84 -'Following discussion, Mr, Eslick moved to approve the signing of the findings when corrected, The motion was seconded and passed unanimous) SChanges made to conditions 1, la,' and 9.) • • • DR 3-84 - Mr, Fslicl moved to sign the findings, Mr, Glasgow seconded the motion, and it passed with Mr, Eslick, Ms. Ericsson, Mr. Glasgow, Mr. Fulton, and Chairman Hutchins voting in favor. • Mr. Wright abstained, DR 4-84 - Mr. Eslick moved to approve the signing of the findings with' one correction to the''square footage of the buildg, 'Mr, Fulton seconded the imtion, and4it passed`with'Mr, Eslick, Mr, Fulton, Ms. Ericsson, Mr, Glasgow., and Chairman Hutchins voting in favor, and Mr. Wright abstai ing, ELECTION OF OFFICERS Mr, Hutchins nominated Mc, Eslick for :Vice-Chairman, The nomination wR,s seconded by Mr, Glasgow, and Mr. Eslick was elected unanimously, COUNCIL ACTIONS ADJOURNMENT There being no further business, the meeting was adjourned by Chairman Hutchins at 9:14 p.m. Respectfully Submitted/ Eristi Hitchcock Secretary kh • r'� • Y•JJ ■ ; ��� W 1200 y1 gt', '" A) 1900 •1• • ovr h 47 M \) •vee.„.,,,s6 CC 13 ,v ee•sr•so«d. ir �• iw.y,.• 0 i.00.4a• 1'1 - - 11800 : O a 1300 w1i ; h --\ 'I >- ,�z Ep0 r ts• ss•... o,i�� v I �r°•.• 5Y1 O u >� rho, 7 °P 2 +! , ter* 0 • Z. 0:4 1700 ,. 3 ‘• 1400s:,,. • ;' .• ... r:• J h 1 1p a •r • Lu (06 R 0 // , 3 .f `<e�,a F°— 9 1500 �" 1. 1 , .9 1� 1 N 'a 14 '''1600 0^ 16— _ N�� i i o Y� gay>. ok ' , e ',� ; o, w , y rl s ,I s;. /� pis ,0" '�- •�6�� w • ...i r C��7 .i IAA .ffl•I•. •e g� i J' 3 • se i 54r� �': 1¢ d Y O6 4 ,-:'1 14". 0 L' 1 0 0 Y /oo-�� it �. �� ..7 lo ,',.i•' (� '1; y 17 l p 54f tirlft I ...‘CO: '4 o 1 ew• I V 5I �`, . a' 4000 • O ..Isp-ovE ,..ve,p. ,.......i • 72) iZ 8 0. • 4100 1— (, w ys 3e } e • 0' 4 1if„R ves•o3',v 0 ,ee•3.• ,r 4200 ss, .t troZ a kl o «.1 o 1- tee�o' y, o '6©O > ? ItiJ, 43 0 4400d/V.; 10i ti y ":1 Q r ' SKCox.S 4'O& 4;� ROSEWOOD J. N . /�r CO. RD, NO'1703. ST �, EXHIBIT oa • / 200,4 , ' � 1i 4/74 t2 7- ' ' • svu &y IgBA • 2 IE f.�'s:• =1 a ea ea OR I1 LAKE OSWEGO e. ! e ,I • Ine.. • Otak ...rrw. . Arehilocla,P.C, Architecture•Civil Engineering•Development Services•Landscape Architecture•Land Planning•Urban Design•Surveying June 30, 1989 ' Mr. Andy Harris ' 'i City of Lake Oswego Public Works Dept. : 380 'A" Avenue P.O. Box 369 Lake Oswego, OR 97034 RE: Les Schwab Drainage Analysis Dear Mr. Harris, 4 In response to your statement that the submittal needed to address the 'off-site drainage in more detail, we have prepared the-. following analysis. 0 • Estimation of the Off-Site Discharge Using the Rational Method for calculating runoff, the discharge in cubic feet per second is' equal to the runoff • coefficient (c) ,. multiplied by the rainfall intensity (i) in inches/hour, then - multiplied by the drainage area (A) in acres. • Q = ciA _• , +L t„C 0.4 represents.single family, areas �." ' a :: ,:i.= 1.7: .inches/hour: -(the.-•-the•• attached . :nomograph :_ .� , "`tyi estimates the time of concentration. Its ▪ '' r 4ir+1, .t.. corresponds withrthe attached intensity chart )ri k'x , ; �,i A 11.7 Acres a. ° . ++ t+ " F : p.;' i,:' `. . : . `r, estimated.by a•rectangular area 1020 feet high-- T r ` .'g k by 500 ft `wide, t See`,the attached USGS 7 5+'� ` ty��;"3 r.'l 1. : • , '°minute; topoSt graphic map for Lake Oswego.•:..'Theo •; ,. 71`: "; h°iglilighted4 drainage',,area.,includes, ,area east "; • '''' ' rat of;:Gassner; ally---lots along Cortez, as:wells as ,2.' areas north of`Washingtonn Ct. offte Discharge (n si /1 @@IFI D • •Q = 8.04 cfs urn s i98 ,t R Estimation of the On-Site Discharge City el Lake Our* • land De,elopment Sceaka This estimation was made by first calculatin rge just downstream of the site, then subtracting the upstream (off-site) discharge calculated above. Again, the rational method was used for this analysis. IBIT Lake b.wago Officer 17355 S.W.boons Ferry Road 4 Lake Oawego,Oregon 97035.(503)635.3616 Vdhcodverbllide: tot East 0th Street a Vancouver,Washngton99660 •(206)695.0357 ' A%7"'�'9SU{jJj� Kirkland Office: 25 Central Way 0305 4 Kirkland,Washington 90033 •(206)022.4446 ' • • •' 1• /�• I • Estimation of the on-Site Discharge (continued) Q = ciA �~) c = 0.43 a weighted average with c =- 0.4 for 11.7 acres (off-site) 'and c = 0.6 for 2.1 acres (on-site) . i = 1.53 the time of concentration is 13.6 minutes from • upstream, plus 0.5 minutes travel time. See the attached intensity chart to pick this intensity. A = 13.8 Acres 11.7 Acres off-site and 2.1 acres on-site. Downstream Discharge • Q = 9.07 cfs • Therefore; the on-site discharge is: Q = 9.07 - 8.04 = 1.03 cfs Evaluation of Downstream Capacity The existing 15" storm line crossing the property has a capacity of 7.8 cfs while the 12" storm lines in Booties Ferry are limited to 7 cfs; a 2.7 percent slope is assumed for the 12" lines in Boones Ferry. OTAK',s Preliminary Draina4e Design • Although'9.07 cfs is•slightly higher than the existing capacity of • • these''lines, it_does not seem"to,warrant. replacement. •We'^:are •proposing on.-site detention•at the'catch basins by downsizing their ' outlet pipes,and;depressing,.catch basins areas relative to otherao,. parking loti Surfaces. . r (eq.!;' , ;r •The proposed'storm line;will be-.`routed-from the new parking area, ,� 't= aroundsthe_back' of. the'=building and�to' the',,existing 159...storm. '' :-•The "clioice;.of_size and alignment'will meet the standard plumth.ng code; allow the` existing storm,:lines to remain in place, and'will ,.. • + • . • keep•.the front of the`building'open for traffic during storm line.;.• construction. • If you have any questions or concerns about this analysis, please feel free to give me a call Sincerely, OTAK Inc. AC-/e:w4e Greg Kurahashi GTK;jpl 1 • �' �;� _p1}l1,.•_ y')I. �i.'•-ma*. `•' 'i.e. r;�.,'�r'.•,. •:;-;,__J� b,V:: .• : ale :k1.1, t.1�w*,%;• �,r.r:.•�i„, k '� —Tt o`c .�^•.• b =•• ,. _r _ 1• r:,tu =cli ; .itpl ,' %,. r//,'S°,.• \ / .y^ •, .a yV , 4. 50 • / • �f•Vr t �,� ••1',�/ n / ,, � 5� AM i PAnN I �R, n a- •�•''C)' 1' ��I• 55• c�� ' ,.ram. •jROAa ,M1r, 1 `,' 1 ���.• •AI PO JI< : W A a T\, •."*.••..L:I �' .._ `_. 1: ,w oa•I° _.,..;•,. _'�gt�l}iO1b r • ke'Oawtto • .y. u• �i �- .l I .. ' )(High Se�h a y: 1 1 i yet 1 1. '•.' 6 . 1.4‘ 1 %. .y-_ / V I I ,ler! I;• Q y Ir 1 fin'..i- -jai q.� I' CIC : .I* I� .� r(^•- �•� '',-r . 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A� ,...,:-.• i-s-•L.„ IROAO l•• 523 Wrr.LAArcYrt 1 Y1 a NI ICANl3 ' 9,1 IV, It 1 E. 521 s22 11 430 000 FEET 42r 30R OkEGON CITY CI Mt laps r SW • 1ped,edited,and published by the Geological Survey SCALE o:24o0t 21 by USGS,NOSMOAA,USCE,and State of Oregon * k--� .--} •- *. . trophy from aerial p by photoprammetdc methods Ib00 0 100b tom )boo--- P y phologfa hs arl HN H • -- Photographs taken 1952.Field checked 18d I � 1� —5 b td horn aortal pholopraphs taken 1960,Nerd checked 1961 1 T" --— edhydrogrephtc data compiled lmMNOSMOM oti rh•k°�la. CONTOUR INTERVAL 1.5 -1 H(FT.) soo _. _ • __- aoo .. zoo ' EXAMPLE 300 — 150 Height = 100 Ft. _ 200 Length=3,000Ft. • • - w ' . Time of concentration-l4Min. _- 100 J 150N • w ,. ......100 N. — 10,000 _ 60 �,,� _ — 50 5 co _ • ~ �Ek`p, zc a0 Fd- - 50 ,_ — 5,000 H 30 o_ 30 Q•'-C 3�000 i- 20 a: _.. w Note: '4., k ....4... - • • 1" - 20 Use nomograph Tc for natural u_ _ 2,000 ` .W-Y 15 o basins with well defined channels;'o =. 1500 z - w - for overland flow on bare x U - 10 ,,..,, earth,and for mowed gross rood- t- �, c� _ +o` u.. - c~n - 10 side channels. z - o — 8 Q - For overland flow, grassed sur- w - - GOT 44 U- - faces, multiply Tc by 2. ' J - \ 1 — 6 .!, it' o - 2 500 ..,,t-- _. 5 / J o — 5 For overland flow, concrete or _ , • caw . o / ' , y — 4 asphalt surfaces, multiply Tc - N'-IA`d1�,6+ID �13•� 2 by 0.4. X — 300 w 3 For concrete channels,multiply , i' - I — 3. I''N1°"'i Tc by 0,2. — 200 — 2 • - 150 — 2 , • — 100 - • • Based on study by P.Z,Kirpich, ., . Civil Engineering,Vot.10, No,6, June 1940,p.362 Fig, 1-4 - Time of concentration of small drainage basins. i AT N 4o- c• YY -.,- .� /NTFNSI T Y . OF PRECIPI TAT(ON • FOR /0 YEAR STORM (Intensity in/hr) 7 8 0 I •2 •3 .4 •5 .6 . • 5 Ho 2.58 MO 2.50 2.48 2.45I 2.43 240 2.38 • ' ' r 6 2.36 2:35 2,33 2.32, 2.30I 2.28, 2.26 2.25 2.23 2.22 ' MI 2.20, 2.19 1013 2:14 2.13 2.11 2.I0I 2.08I 2.07 , 8 II2.06 .04 2.03I 2.02 2.01 2.00I 1.99 1.98 1.97 11.95 2 g 1.90 1.89 1,88 11.8'7 11.86 11,85 .. II 1.94 1.93 t.o2 \ 1,91 I I 2 1,81 1.801,60 1.79 11.78 1.77 11,76 10 � 1.84 1,63 11.8 I II - I II 1,75 \ \1.74 1.73 11.72 1,71 11,70 11.70 11,69 1.68 11,68 • 1.67 1,66 1,65 L64 1,64 11,63 11.62 11.62 11,61 12 III,67 I \ \ 1.5 4 • 1.56 1,56' `1,55 1.54 I c 59 1.58 1.57 I \ I 13 1.60 1.60 I 1. I II 14 II 1.53 . 1:53 I L I 52 1.51 I 1.51 11.50 1,50 11.49 I 1,48 I 1,48 15 II 1,47 1 1,46 1.46 1.45 11.44 11,44 11,43 11,42 I 1,42 16 II 1,41 1.401.40 I.3.9 \ '1,38 11,38 1,37 1.37 I 4.37 11,56 { • t7 \ 136 1.36 I 1.35 1,35 11.34 11,34 1,33 I 1:33 11.32 1,32 • IS \ ' .3 1,31 1.30 1,50 11,29 11,29 1,29 11.28 I .1.28 112 7 \ 1,27 I 19 \\ 1,27 1.26 1,26 11,25 11,25 11.25 \ 1,24 11.24 \ 1,2 5 0 1,23 ,23 1,22 I .1.22 11,22 11.21 11,21 11,21 11,20 '1,20 2 II \ 1 I , 2II1,19 1,19 1,18 1.18 1.18 11.1'7 1.17 11.1 1,16 I I•I5 , 25 26 27 I 28 29 Min, 22 24 I M 23 \ .15 1,12 1.09 1:06 1,04 1,01 I .99 I_ .97 . \ M . J0 35 40 I I 45 50 60 190 1120 \ ,69 62 .49 ,42 , g5 ,S6 ,79 . ,74 I I \ i Un 9 I raf 3 n!MA s� ^ eY' W� Jtn r•�_— 9 ' n r • .. • .-d . * . '.--/__.: 1 e 1 �FSyi ti "Ct iJ f r +/ 1. 1 ' \• I '/ ' �s. 4�s1 � �/— �. . I'. 1 Ih1 rl � , , 1I \ 1 ,1I I .+ /} i � • xi "w.l, lI/ f = l !..' �s 1 •Y I ` I ,' i et, v ¢ I�`�' coons '•9 rsu o , .o t\,- �r / •,. 3 \\ lltf vS �C f'` \`Y� 1 �I � ► \ A VV1IA��1�� + a t.At g¢j v�ui�v }tit„'t/\ ,-. , q,.•/ , . ._�.�,� .t. .n- nl t } S 1.1.E p1 '•.I Y L af I . .. �� �+ + . Doo•o ,F dtJp1]r751,..�) �is1 ' . 1 II ...i . 1' M 4, ;\ , I . ti I Y ,7......-....--- .. y i a 1 z rn e t �J�+ t7 V:i "� r ,..r f".t. /�tir� �` t...".0..i L °A• 0 f t `)° 4 EXHIBIT Ault t .�1A , :-Awe' ,0 Isi „ _ 'Y -• ',t . J. 0r _ P I 14 • • • • • • • • • • • • • _yr •