LU 18-0030 Page 1 of 6

STAFF REPORT

CITY OF LAKE OSWEGO

______________ PLANNING DIVISION ________________ APPLICANTS/OWNERS: FILE NO: Steve Brown and Timberland Homes LLC LU 18-0030 APPLICANTS’ REPRESENTATIVE: STAFF: Trisha Clark, Emerio Design LLC Evan Fransted, Associate Planner TAX LOT REFERENCE: LOCATION: 21E18DB04600 & 17924 and 18000 Pilkington Road 21E18DB04700 DATE OF REPORT: NEIGHBORHOOD ASSOCIATION: June 11, 2018 Rosewood COMP. PLAN DESCRIPTION: ZONING DESIGNATION: R-7.5 R-7.5 I. APPLICANTS’ REQUEST

The applicants are requesting approval of a lot line adjustment to move a lot line between the two properties (Exhibit E3).

II. DECISION Approval of LU 18-0030, with conditions. The conditions of approval are listed below.

A. Prior to Submittal of the Final Lot Line Adjustment Plan, the Applicants/Owners Shall:

1. Apply for and obtain a demolition permit for the existing structure located on Lot 1. The applicant shall note that this may require an asbestos report from a licensed agency to the satisfaction of the Building Official and that a 14-day notice of demolition is required to be posted on the site and mailed to abutting properties pursuant to LOC 45.12.100. The demolition permit shall be accompanied by proper applications for tree protection and erosion control permits, if needed.

LU 18-0030 Page 2 of 6

B. Prior to Approval of the Final Lot Line Adjustment Plan, the Applicants/Owners Shall:

1. Obtain approval of the final inspection for the demolition permit required in Condition A(1), above.

2. Submit a final plan and legal descriptions (metes and bounds), to be specified on legal instruments for title transfer for recording with the County Clerk's Office to City staff for review and signature of approval within one year of the date of this decision. The deadline to submit the final plan and legal descriptions to City staff is June 11, 2019. Both documents shall be prepared as depicted in Exhibit E3, and shall reference this land use application -- City of Lake Oswego Planning and Building Services Department Case File LU 18-0030. Upon written application, prior to expiration of the one-year period, the City Manager shall, in writing, grant a one-year extension. Additional extensions may be requested in writing and must be submitted to the City Manager for review of the project for conformance with current law, development standards and compatibility with development that may have occurred in the surrounding area. The extension may be granted or denied and if granted, may be conditioned to require modification to bring the project into compliance with then current law and compatibility with surrounding development.

C. Following Approval of the Final Plan, the Applicants/Owners Shall:

1. Register the approved and signed final plan and legal descriptions with the Clackamas County Surveyor's office within 30 days of receiving the signature of authorization by the City.

2. Record the lot line adjustment deed or agreement with the final lot line adjustment plan

with the Clackamas County Clerk’s office within 30 days of registering the approved and signed final plan and legal descriptions, as required in Condition C(1), above.

D. Within 90 Days of Recording of the Final Plan, the Applicants/Owners Shall:

1. Submit a title report or lot book report to demonstrate that the lots are free of any prior

liens or encumbrances or the liens or encumbrances have been amended to reflect the new lot boundaries. Failure to comply with the requirement of this condition will render this approval void.

NOTE: 1. Development plans review, permit approval, and inspections by the City of Lake Oswego Planning

and Building Services Department are limited to compliance with the Lake Oswego Community Development Code, and related code provisions. The applicants are advised to review plans for compliance with applicable state and federal laws and regulations that could relate to the development, i.e., Americans with Disabilities Act, Endangered Species Act. City staff may advise the applicants of issues regarding state and federal laws that the City staff member believes would be helpful to the applicants, but any such advice or comment is not a determination or interpretation of federal or state law or regulation.

LU 18-0030 Page 3 of 6

III. APPLICABLE REGULATIONS

A. City of Lake Oswego Community Development Code [LOC Chapter 50]:

LOC 50.03.002.2 Use Table (Low Density Residential R-7.5 Zone) LOC 50.04.001.1.a Dimensional Table (Low Density Residential R-7.5 Zone) LOC 50.07.003.1 Application for Development, Burden of Proof LOC 50.07.003.13 Ministerial Development Decision

IV. FINDINGS A. Background/Existing Conditions:

1. The subject properties are located in the R-7.5 zone (Exhibit E2). The properties were recently annexed into the City (AN 17-0008 and AN 17-0010).

2. The properties consist of two lots (shown below). Both lots are part of Lot 17, Block 2 of Oswego Acres Subdivision (Exhibit E3).

3. Lot 1 (shown above) has frontage on Pilkington Road to the west. Pilkington Road is

classified as a major collector street. Lot 2 has frontage on Pilkington Road to the west and Tamara Avenue to the east. Tamara Avenue is a Clackamas County Road.

4. Lot 1 is approximately 16,117 square feet. Lot 2 is approximately 22,651 square feet in area.

5. There is an existing dwelling on Lot 1 that will be demolished as part of this lot line adjustment approval. The purpose of this lot line adjustment is to change the interior lot line between the two lots in order to build a new single-family dwelling (Exhibit F1). The dwelling on Lot 2 was recently demolished (BP 499-18-00874).

LU 18-0030 Page 4 of 6

V. REVIEW AND APPROVAL PROCEDURES

A. Neighborhood Meeting There is no neighborhood meeting required for a ministerial application.

B. Public Notice to Surrounding Area Ministerial decisions are made without notice or the opportunity for appeal [LOC 50.07.003.13.c].

C. Burden of Proof Per LOC 50.07.003.1.b, the applicant for a development permit shall bear the burden of proof that the application complies with all applicable review criteria or can be made to comply with applicable criteria by imposition of conditions of approval. The applicants have provided sufficient evidence to enable staff to evaluate the proposal. These documents are listed as exhibits at the end this report.

VI. MINOR DEVELOPMENT A. Classification of Application The lot line adjustment is classified as ministerial development because the allowable

density of the site does not increase [LOC 50.07.003.13.a.ii.4].

B. Criteria for Review of Application Per LOC 50.07.003.13.e.ii, a ministerial application shall be approved if the proposal complies with:

1. The requirements of the zone in which it is located;

The site is zoned R-7.5 (low-density residential). The table below illustrates the lot size and dimensional requirements applicable to the proposed lot line adjustment:

As illustrated in Exhibit E3 (below) and the above table, the proposed lot line adjustment will

comply with the R-7.5 zone lot dimensional requirements. Compliance with requirements such as setbacks, lot coverage, floor area, and building design are not applicable because the structure on Lot 1 will be demolished and Lot 2 is vacant. (Conditions of Approval A(1) and B(1), require the demolition of the dwelling on Lot 1 prior to approval of the final lot line

R-7.5 ZONE STANDARDS AND ANALYSIS OF COMPLIANCE

Standard Lot 1 before adjustment

Lot 1 after adjustment

Lot 2 before adjustment

Lot 2 after adjustment

Minimum Lot Area

7,500 sf 16,197 sf 20,928 sf 22,798 sf 18,067 sf

Minimum Lot Width

50 feet 111.62 feet 127.62 feet 127.62 feet

127.62 feet

LU 18-0030 Page 5 of 6

adjustment plan – see pages 1-2). The future development on the lots will be required to comply with all applicable standards of the R-7.5 zone and other provisions1 of the Community Development Code. Compliance will be assured at the time of building permit review and inspection on each lot, or review of any minor development variance application.

2. The Development Standards applicable to ministerial developments;

The development standards listed in LOC 50.07.003.13.e.ii do not apply to this application because no physical development is proposed. The lot line adjustment does not impact drainage patterns, hillsides, on-site circulation, building design, or parking. Compliance with the requirements for parking, weak foundation soils, and drainage will be reviewed at the time of future building permit application on each lot, subject to the standards for ministerial development in LOC 50.07.003.13.e.ii.

VII. CONCLUSION Based upon the materials submitted by the applicants and findings presented in this report, staff

concludes that LU 18-0030 complies with all applicable criteria and standards or can be made to comply through the imposition of conditions.

VIII. ACTION TAKEN Approval of LU 18-0030, subject to the conditions identified on pages 1-2.

1 “Applicable provisions of the Community Development Code” might include minor, design, and major variance, LOC Art. 50.08.

Exhibit E-1

Feet This product is for informational purposes only and may not have been prepared for or be suitable for legal,engineering, or surveying purposes. Users of this information should review, or consult, the primary data andinformation sources to ascertain the usability of the information. This map represents the best data available at thetime of publication. While reasonable effort has been made to insure the accuracy of the information shown on thispage, the City of Lake Oswego assumes no responsibility, or liability, for any errors, omissions or use of thisinformation.

0

17924 and 18000 PILKINGTON RD

100.0 100.050.00

5/31/2018 Exhibit E-2

Exhibit E-3

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

Exhibit F-1

300 B AVE - PO. Box 369Lake Oswego Fire Department

Lake Oswego, OR 97034503-635-0275

Case File/Permit No.LU 18-0030

I have received the information for the project summarized below and completed a review of the submittal on . A summary of the review has been provided. Please feel free to contact me directly if

April 25, 2018Evan FranstedGert Zoutendijk/Fire Marshal

To:From:

A request for approval of a lot line adjustment between two properties.

04/25/2018

Project Location:

Scope of Project:

Fire Department - Plan Review Comments

Date:

18000 Pilkington Road,

Email: gzoutendijk@ci.oswego.or.us Phone: 503-699-7454

you have any questions, comments or concerns regarding this information.

Case File/Permit No.: LU 18-0030

Lake Oswego, OR 97035

FIRE DEPARTMENT ACCESSLOC 15.06.610 OFC 503.2.1 - Acess Dimensions

The Oregon Fire Code is amended by Lake Oswego Municipal Code 15.06.610 to read as follows:

Dimensions. Fire apparatus access roads shall have an unobstructed width and uniform surface of not lessthan 15 feet one way, 20 feet if two way and a vertical clearance of 13'6", unless an exception is approvedby the City Engineer and Fire Chief. Private roads or public streets where landscaping islands are usedshall be considered one way each direction at the island.

Exceptions - Single family dwellings on lots:

a. Driveway serving one lot: a 12 ft. paved driveway surface, with a 1.5 ft. shoulder on each side, ispermitted.

b. Access lane serving 2 - 4 lots: a 12 ft. paved access lane surface, with a 4 ft. shoulder on each side, ispermitted if the habitable structures on all lots provide an alternative suitable method of fire suppression,i.e., automatic fire sprinkler systems, approved by the Fire Marshal.

c. Access lane serving 5 - 8 lots: a 16 ft. paved access lane surface, with a 2 ft. shoulder on each side, ispermitted if the habitable structures on all lots provide an alternative suitable method of fire suppression,i.e. automatic fire sprinkler systems, approved by the Fire Marshal.

Note: No parking is permitted on fire apparatus access roads that have a width less than 26 feet wide.

503.2.3 Access SurfaceD102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall beaccessible to fire department apparatus by way of an approved fire apparatus access road with asphalt,

1Page 2ofExhibit F-2

Lake Oswego Fire Department - Plan Review Comments Case File/Permit No. LU 18-0030

concrete or other approved driving surface capable of supporting the imposed load of fire apparatusweighing at least 60,000 pounds (27 240 kg).

Conditions of approval: The applicant will be required to submit a letter from a professional engineer tocertify that the access lane is constructed in accordance with the above code section.

503.2.5 Dead EndsDead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approvedarea for turning around fire apparatus.

WATER FLOW FOR FIRE PROTECTIONWS-0003 Hydrant Location Approved

Hydrant location with distance and size of the structure is approved.WS-0007 Fire Flow Approved

Fire flow for fire protection is adequate.

GENERAL COMMENTSG-0002 Alternate Method

The Lake Oswego Fire Marshal has determined that water supply and/or fire apparatus access areinadequate for any portion(s) of this site, accordingly the Building Official will allow for the consideration ofUniform Alternate Construction Standards (UACS) per OAR 918-480-0125. Due to the urban environmentof the City of Lake Oswego, the most likely UACS determination by the Building Official will be, at minimum,option (4)(a), installation of a NFPA Standard 13D fire suppression system.

2Page 2ofExhibit F-2

Exhibit F-3

Exhibit F-3