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HomeMy WebLinkAboutApproved Minutes - 1999-07-19 CITY OF LAKE OSWEGO DEVELOPMENT REVIEW COMMISSION MINUTES July 19, 1999 CALL TO ORDER The Development Review Commission meeting of July 19, 1999, was called to order in the Council Chambers of City Hall, at 380 "A"Avenue, Lake Oswego, Oregon,by Chair Douglas P. Cushing at 7:03 PM. II. ROLL CALL Commission members present included Mr. Cushing, Ms. Morales, Mr. Horning, Ms. Binkley, Ms. Ostly and Mr. Miller. Mr. Kiersey was absent. Staff present were Hamid Pishvaie, Development Review Manager; Evan Boone, Deputy City Attorney and Janice Benn, Senior Secretary. III. APPROVAL OF MINUTES Ms. Morales moved for aunroval of the June 2L 1999 minutes. Ms. Binkley seconded the motion, and it passed with Mr. Cushing, Ms. Binkley, Mr. Miller, Ms. Ostly and Ms. Morales voting yes . Mr. Horning abstained. IV. OTHER BUSINESS - Election of Officers Ms. Binkley moved to nominate Ms. Julie Morales for Chair. Mr. Miller seconded the motion, and it passed with Mr. Cushing, Mr. Horning Ms. Binkley, Mr. Miller, Ms. Ostly and Ms. Morales voting yes. Ms. Morales moved to nominate Ms. Nan Binkley for Vice Chair. The motion was unanimously approved. Ms. Binkley recused herself and left the hearing. V. PUBLIC HEARING LU 99-0012. a request by Riverbend on the Williamette, LLC for approval of the following requests: 1. A major modification of the Riverbend Planned Development [DR 15-97/PD 7-97/ SD -97/VAR-97] in order to modify the following conditions of approval: a. Condition C(2)(c) in order to delete the required 18.5 foot setback for garages on Lots 1-4 of the Riverbend Planned Development. The garages will maintain a minimum setback of 10 feet in compliance with the requirements of LOC 48.08.260 (except the proposed garage on Lot 3). Development Review Commission Minutes Page 1 of 5 July 19, 1999 b. Condition D(5)(g) in order to eliminate the required street improvements on Furnace Street. The street will be improvement to the extent that it has been damaged during the construction of the project. 2. A Development Review approval to construct three new detached single family dwellings on Lots 1, 2 and 4 of the Riverbend Planned Development. 3. Three Class 1 variances in order to construct an attached two car garage on the south side of the existing dwelling on Lot 3, as follows: a. A 9.5 foot variance to the required 10 foot front yard setback, [LOC 48.08.260]. b. A 4.25 foot variance to LODS 24.040(1)(b)which requires that the garages be set back a minimum of 5 feet behind the main face of the house. This request will allow construction of the proposed attached garage at .75 feet from the front elevation of the existing dwelling. c. A variance to LOC 48.26.700(3) in order to expand the existing nonconforming structure on Lot 3 (does not meet the 10 foot front yard setback), by constructing the proposed attached garage at approximately the same plain as the main house. The site is located on the East side of Furnace Street Between Leonard& Wilbur Streets, Tax Lots 100, 200, 300, 400, 4500 of Tax Map 21E 11 BB, 11 BC, 10 AA. Continued from July 7, 1999 DRC meeting. Chair Cushing opened the public hearing and explained that there would be no further oral testimony presented, as all the additional testimony had been submitted in writing. Mr. Cushing indicated he had visited the site and listened to the tape. No one raised any objections to participation by Cushing. Mr. Boone asked if there were any exparte contacts or bias by Mr. Cushing. Mr. Cushing stated he had no exparte contact or bias. Mr. Cushing noted that in the packet, the Development Review Commission received written arguments from Mr. Dwight, Mr. Olson and Mr. Tyler. Chair Cushing asked if any person in attendance desired to challenge any Commissioner's right to hear the application. No one presented such a challenge. Chair Cushing noted before closing the public hearing, the applicant can submit a final written argument. Randy Tyler. Riverbend on the Willamette. LLC. 300 Oswego Pointe Drive. Suite 200. Lake Oswego. OR 97034. replied they did not wish to submit a final written argument. Deliberation Ms. Ostly asked if the sidewalks would be placed on the west side of the street, rather than the east side of the street,where the slope drops off? Development Review Commission Minutes Page 2 of 5 July 19, 1999 Ms. Cushing replied, yes it's correct. Ms. Ostly asked where does the street start in relationship to the houses? Mr. Pishvaie noted the future homes would be located between 20-30 feet from the edge of pavement. Ms. Ostly asked if there will be a dedicated r-o-w for the new homes? Mr. Pishvaie replied that the applicant would be rededicating a 25 foot right-of-way along Furnace Street. Mr. Cushing stated the if the sidewalk were required on the easterly side of the street, you has to move the existing house on Lot 3 back. Ms. Ostly stated it's not the logical side for the sidewalk. Mr. Cushing asked if the City takes on any heightened liability, should an accident occur from someone walking in the street? Mr. Boone replied, it would not take on any heightened responsibility and the rights of a community to deal with discretionary decisions such as this would prevail. Mr. Cushing asked the Commission if there were any particular items that need to be addressed? Mr. Horning asked if the rededication of r-o-w is a condition right now or an agreement? Mr. Pishvaie noted that the dedication requirement was in the original approval and would still prevail as written. Mr. Horning asked if that will result in a 50 foot r-o-w then? Mr. Pishvaie, yes. Mr. Horning asked if the dedication will create a zero setback for Lot 3? Is condition (B)(1)(C)(2) making the existing building non-conforming? Mr. Pishvaie responded the existing building is non-conforming already and it's the City's position to allow the non-conformance to continue. Mr. Horning asked about the roofing materials on Lot 3. In condition 4(c) there is reference to the roofing materials. Mr. Pishvaie noted that the issue was addressed by modifying the condition to read "as except in lots 1,2,4 the roofing material shall consist of composition materials." Development Review Commission Minutes Page 3 of 5 July 19, 1999 Mr. Cushing asked if the window requirement will apply to all 4 units? Mr. Pishvaie said no the windows are only applicable to Lots 1,2 and 4. Mr. Cushing asked if the Commission can require that at such time as the roof is replaced it will not be replaced by metal? Mr. Pishvaie, noted he's unclear but that authority isn't with the DRC. He noted the standard isn't applicable. If the Old Town Design Standards are changed to deal with remodeling, then that issue could be addressed accordingly. Mr. Pishvaie noted that the Commission could entertain Mr. Olson's suggested modification to the condition dealing with the windows. He added that the new language could be added to condition is C on page 17 of the staff report. Ms. Morales noted that the Commission could say double or single hung windows. Ms. Ostly noted that the concern is that they look like single hung windows. Mr. Horning noted that the condition could be modified as the applicant has represented. Mr. Cushing asked with respect to the issue of street repair, the letter from Mr. Tyler says "we with input from the City will determine what needs to be done to the street." Mr. Pishvaie replied the City would make the decision as to what road improvements need to be made. Mr. Horning responded to Mr. Dwight's comments about delaying street improvements, on Furnace Street noting that would be consistent with other developments, and that piece mealing these improvements is a poor solution, rather than improving the full street at the same time if the need is really there. Mr. Cushing noted the fact that the developer/future lot owners would be required to commit to the street improvements through a non-remonstrance, agreement. Mr. Horning moved for approval of LU 99-0012, subject to the conditions in the staff report, including condition C (page 17) add after the words "consists of architectural grade composition, except for lot 3" and the windows in the front elevations of the dwellings on lots 1,2 and 4 shall consist of adding "single or double hung vinyl windows" also adding "with equal sash proportions to appear like double hung windows". Regarding the non-conforming structure on Lot 3, the commission directed staff to develop a suitable condition to deal with bringing the house into compliance with standard setbacks upon reconstruction of the unit. Ms. Morales seconded the motion and it passed with Mr. Cushing, Mr. Horning, Mr. Miller, Ms. Ostly and Ms. Morales voting yes. Mr. Kiersey and Ms. Binkley were absent. Development Review Commission Minutes Page 4 of 5 July 19, 1999 VI. GENERAL PLANNING Ms. Morales asked if there are any new applicants for Mr. Horning position on the DRC? Mr. Pishvaie noted there are none; however, he encouraged the Commissioners to talk to anyone they know who is in the Design profession. He continued that the new member needs to have a design background. Mr. Cushing noted that Kristi Hitchcock, City Recorder is trained as a mediator and that staff should encourage the public to use her services. Mr. Pishvaie noted that staff already suggest mediation in certain situations and that Clackamas County also provides a conflict resolution program. VII. ADJOURNMENT There being no further business before the Development Review Commission, Chair Douglas P. Cushing adjourned the meeting at 7:35 PM. Respectfully submitted. Janice Benn Senior Secretary 1\dre\minutes\7-19-99.doc Development Review Commission Minutes Page 5 of 5 July 19, 1999