HomeMy WebLinkAboutAgenda Item - 2025-04-01 - Number 06.3 - AP 24-05, Adopting Findings and Conclusions (TR 499-24-001007-TREE)503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Adopting Findings, Conclusions, and Order [AP 24-05, TR 499-24-001844-TREE],
Appeal from a Development Review Commission decision approving a permit to remove one
18-inch DBH Western hemlock tree at 233 E Ave.
Meeting Date: April 1, 2025
Report Date: March 24, 2025
Staff Member: Courtney Simms, Associate Planner
Department: Community Development Department
Action Required Advisory Board/Commission Recommendation
☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction
☒Consent Agenda
Staff Recommendation: Adopt the Findings, Conclusions and Order finalizing the City
Council’s March 18 tentative decision to affirm the Development Review Commission and
approve the tree removal permit TR 499-24-001844-TREE (AP 24-05).
Recommended Language for Motion: Move to adopt the Findings, Conclusions and Order in
AP 24-05.
Project / Issue Relates To: N/A
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
BACKGROUND
Owner / Applicant Koval Holdings, LLC, through its representative Faster Permits, filed a Type II
tree removal permit application to remove one 18” DBH Western hemlock tree at 233 E Avenue
as part of the public improvement permit for required alley improvements. Staff made a
tentative decision to approve the application, and an appeal/request for hearing was filed. The
Development Review Commission (DRC) held a quasi-judicial hearing on December 16, 2024
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
and tentatively denied the application for tree removal. On January 6, 2025, the Commission
held a final vote and, with some Commissioners changing their vote from the tentative
decision, the result was that the Commission adopted Findings, Conclusions and Orders to
approve the application [Exhibit B-001].
DISCUSSION
Appellant Deborah Linke appealed the DRC Order to the City Council. The City Council
conducted a quasi-judicial appeal hearing on February 18, 2025 and Council requested a re-
examination of the record for the required public improvements from the City’s Planning and
Engineering Staff. Staff provided that information in a memo dated March 7, 2025. After
receiving this information from staff on March 18, 2025, Council deliberated, and tentatively
approved, with conditions, AP 24-05, denying the Appellant’s appeal of the DRC Order.
The motion to tentatively approve the application for tree removal and deny the appeal was as
follows:
Councilor Mboup moved to tentatively affirm the Commission’s decision to approve the
tree removal application AP 24-05 / 499-24-001844-TREE with conditions of approval;
and direct staff to present findings, conclusions and an order finalizing the Council’s
tentative decision on April 1, 2025.
The vote on the motion was:
AYES: Mayor Buck and Councilors Corrigan, Wendland, and Verdick
NOES: Councilors Afghan and Mboup
ABSTAIN: None
EXCUSED: Councilor Rapf
The attached Findings, Conclusions and Order (Attachment 1) finalize the City Council’s
tentative decision. The Findings address the issues raised on appeal, based on the deliberations
of the Council members voting in the majority. Where the majority’s deliberations did not
directly address an issue raised on appeal, the Findings address those issues either by
incorporation of the Staff Report or Planning Commission Findings, or as consistent with
tentative approval.
ALTERNATIVES
The Council may either approve the Findings, Conclusions and Order as presented or direct staff
to make modifications to the Findings and return with amended Findings to the Council.
RECOMMENDATION
Approve the Findings, Conclusions and Order as presented.
ATTACHMENTS
1. Findings, Conclusions and Order, with Exhibit A
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ATTACHMENT 1
Page 1 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
BEFORE THE CITY COUNCIL
OF THE CITY OF LAKE OSWEGO
A REQUEST FOR A TYPE II TREE REMOVAL PERMIT
FOR ONE TREE AT 233 E AVE.
----
AN APPEAL BY DEBORAH LINKE FROM A
DEVELOPMENT REVIEW COMMISSION DECISION
APPROVING THE TREE REMOVAL PERMIT
AP 24-05
TR 499-24-001844-TREE
KOVAL HOLDINGS, LLC
FINDINGS, CONCLUSIONS & ORDER
NATURE OF PROCEEDINGS
This matter came before the Lake Oswego City Council on an appeal by Deborah Linke
(“Appellant”) from a Development Review Commission (“Commission”) Order approving an application
for a Type II tree removal permit to remove one 18” Western hemlock for development in order to
construct the required public improvement (20 ft. alley grading and gravelling) for an 8-unit cottage
cluster development (Exhibit A-002).
The site is located at 233 E Ave. (Tax Lot Reference 21E03DA04200).
HEARINGS
The Appellant had previously requested a hearing before the Commission on the staff’s
tentative approval of the application.
The Commission held a public hearing and considered the staff approval of the tree removal
permit application at its meeting of December 16, 2024. The Commission adopted Findings, Conclusion
and Order approving the permit on January 6, 2025 (Exhibit B-001). The City Council (Council) held a
public hearing to consider the appeal of the Commission’s order on February 18, 2025 and requested a
re-examination of the record for the required public improvements from the City’s Planning and
Engineering Staff. Staff has provided that information in a memo dated March 7, 2025.
ADDITIONAL TESTIMONY
Pursuant to LOC 55.02.085(4), the hearing before the Council shall be on the record established
before the Commission and only persons who appeared before the Commission orally or in writing may
testify. The following written testimony was received after the publication of the Council Report from
ATTACHMENT 1
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ATTACHMENT 1
Page 2 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
qualified persons:
G-512 S. Houser, received February 13, 2025
G-513 D. Linke, received February 13, 2025
CORRECTION OF THE RECORD
The regular meeting agenda notice for the January 6th Commission meeting was referenced as
Exhibit A-003 in the February 12, 2025 Council Report. However, a clerical error added the Commission’s
public hearing notice for the December 16, 2024 meeting as Exhibit A-003. The January 6, 2025 meeting
agenda was available online prior to the Council meeting and no party indicated that they suffered
prejudice by its correction at the Council’s public meeting, when staff displayed the correct January 6,
2025 Commission meeting notice to the Council and the public. The correct January 6, 2025 Commission
meeting notice is added into the record here as Exhibit A-003A, and the Council takes adjudicatory
notice of the meeting notice, per LOC 50.07.003.7.h.iii, as stated in the Council Report.
CRITERIA AND STANDARDS
City of Lake Oswego Tree Code [LOC Chapter 55]:
LOC 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits
LOC 55.02.084 Mitigation Required
LOC 55.02.085 Request for Public Hearing on a Type II Tree Cutting Permit
LOC 55.02.094 Conditions of Approval for Tree Cutting Permits
FINDINGS AND REASONS
As support for its decision, the Council incorporates the December 6, 2024 Staff Report (Exhibit
D-001), with all exhibits, the February 12, 2025 Council Report, with all exhibits, the February 12 and
February 13, 2025 Council Memos, the March 7, 2025 Council Memo, and the Findings and Conclusions
of the Commission (Exhibit B-001), supplemented by the further findings and conclusions of the Council,
below. In the event of any inconsistency between the supplemental findings and the incorporated
matter, the supplemental findings control. Following are the supplemental findings and conclusions of
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ATTACHMENT 1
Page 3 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
the Council.
1. Issues Raised Before and Addressed by the Commission
The issues raised before the Council are limited to the issues raised before the Commission with
sufficient specificity to allow the Commission to respond to the issue [LOC 55.02.085(4);
LOC 50.07.003.7.k]. Accordingly, the Council need not address issues raised before it because, except to
the extent the Council adopts supplemental findings herein, the Council incorporates the Commission’s
Findings (Exhibit B-001) and the Council Report with respect to those raised issued to the Council.
2. Public Improvement Requirement / Tree Removal
The subject tree is located at the southeast corner of the site, at the intersection of the rights-
of-way of the alley and E Avenue.
The Utilities; Streets/Sidewalks (Pathways) and Other Public Infrastructure Standards for
Approval, Design and Specifications Required [LOC 50.06.008.3.b] requires the applicant to comply with
City design plans, specifications, and details. As outlined in the March 7, 2025 Council memo, pgs. 4-6,
and Findings and Conclusions of the Commission (Exhibit B-001), LOC 42.03.075(4) states:
“Alleys shall be located in a right-of-way of not less than 20 feet, with paved roadway widths to
be approved by the City Engineer based on the function of the alley.
As stated in the Staff Report (Exhibit D-001, pg. 3) and in the March 7, 2025 Council Memo (pg. 5), the
City Engineer determines the basis for the function of the alley, e.g., neighborhood plan, engineering
design standard, and Fire Code; the City Engineer has determined the full 20 ft. width is required and
reducing the width to meet the minimum tree protection guidelines to potentially retain the tree would
not be sufficient width for the function of the alley.
The Council acknowledges the appellant’s point that there are instances where vegetation is
located in other alleys in First Addition. However, existing vegetation in the alleys is substandard and
subject to removal [LOC 42.18.1015(1)(f), (2)]. When undertaking new development, the developer is
required to being the public improvement up to standard [LOC 50.06.008.3.b.iv, 3.d.i(5, 6), 4.f].
CONCLUSION
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ATTACHMENT 1
Page 4 – FINDINGS, CONCLUSIONS & ORDER (AP 24-05/TR 499-24-001844-TREE)
Based upon its findings, the Council concludes that the applicant has met the burden of showing
that all applicable criteria and standards for a tree removal permit are met -- or as to LOC 55.02.080(3)
criteria, Exception b is met -- or can be met with conditions of approval.
ORDER
The Council orders that the Commission’s Order approving the application for tree removal is
affirmed and the application for a Type II tree removal permit for 1 18” Western hemlock [AP 24-05/TR
499-24-001844-TREE] is approved with the following condition:
A. Prior to the issuance of the building permits, pay the required tree fund mitigation fee for
removal of one significant tree ($344).
AYES:
NOES:
ABSTAIN:
EXCUSED:
DATED this 1st day of April, 2025.
____________________________________
Joseph M. Buck, Mayor
ATTEST: ____________________________________
Kari Linder, City Recorder
AGENDA- Revised
DEVELOPMENT REVIEW COMMISSION
Monday, January 6, 2025 – 6:00 PM
Online Meeting via Zoom
Staff Contact: Kat Kluge at kkluge@lakeoswego.city
503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Virtual Access
This meeting will be held via Zoom.
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Dwight Sangrey, Chair Russ O’Connor, Vice Chair John Dewes
Kristen Bates Helen Leek Yuko Mino Larry Linstrom
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
December 16, 2024
4. FINDINGS
AP 24-04 [TR 499-24-001007-TREE]: A request for approval of a Type II tree removal application
499-24-001007-TREE) for 22 trees (6”- 44” DBH) to construct a new 8-unit cottage cluster middle
housing development.
This site is located at 233 E Avenue (Tax Reference: 21E03DA04200). The Staff Coordinator is
Courtney Simms, Associate Planner.
AP 24-05 (TR 499-24-001844-TREE)]: A request for approval of a Type II tree application (499-24-
001844-TREE) to remove one 18” DBH Western hemlock to construct the required public
improvements as part of a new 8-unit cottage cluster middle housing development.
This site is located at 233 E Avenue (Tax Reference: 21E03DA04200). The Staff Coordinator is
Courtney Simms, Associate Planner.
5. ELECTION OF CHAIR AND VICE-CHAIR
6. SCHEDULE REVIEW AND MANAGEMENT UPDATE
7. ADJOURNMENT
EXHIBIT A