50.08.007 RESIDENTIAL INFILL DEVELOPMENT (RID)

1. PURPOSE

The purpose of this section is to:

a.    Provide an alternative process for the review of building permits for construction or alteration of outright permitted residential dwellings and accessory structures in residential zones where the clear and objective development standards of the Code conflict with or prevent development that may otherwise be compatible with the character of the neighborhood and surrounding residential development.

b.    Ensure that new development is consistent with the character of development envisioned for neighborhoods in Lake Oswego.

c.    Ensure that new development is compatible with existing, surrounding residential development.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

2. APPLICABILITY

This standard is applicable to minor developments listed in LOC 50.07.003.14.a.ii(15) where an applicant has requested approval of an alternative design that does not meet the clear and objective development standards of the Code but may otherwise be compatible with the character of the neighborhood and surrounding residential development.

[Cross-Reference: See LOC 50.07.003.3.d, Residential Infill Design Review Notice, and 50.07.03.14.d.iii(2), Final RID Application, for notice and decision process for RID review applications.]

(Ord. 2579, Repealed and Replaced, 03/20/2012)

3. AUTHORIZATION AND CRITERIA

a.    In considering an application for residential infill design review, the City Manager shall apply the building height, lot coverage, floor area, yard setback, Oswego Lake setback, front setback plane, side yard setback elevation requirements, garage appearance and location and accessory structure requirements of the underlying zone, and the height and footprint requirements in the Oswego Lake setback (LOC 50.04.003.7), including such requirements created or modified by a planned development overlay.

b.    The City Manager may grant exceptions to the applicable requirements listed in LOC 50.08.007.3.a if the applicant demonstrates that the proposed residential dwelling or accessory structure design results in development that is equal to or better than development that would meet the clear and objective standards listed in LOC 50.08.007.3.a for the applicable zone. In making this determination, the City Manager shall consider the following:

i.    Residential Dwelling or Accessory Structure Size

(1)    Intent

Compatible infill is ensured through a mix of standards addressing lot dimensions and maximum allowable floor areas. These standards are intended to reflect the size of building(s) that can be reasonably located and shaped to suit the scale and character of a neighborhood. The Code establishes that maximum allowable floor area and its location on a lot through the following standards:

(a)    Floor area;

(b)    Lot coverage;

(c)    Yard setbacks;

(d)    Building height;

(e)    Accessory structures;

(f)    Boathouse footprint; and

(g)    Height of accessory structures in the Oswego Lake setback.

(2)    Criteria

The City Manager may permit a residential dwelling or accessory structure design to exceed or vary from the standards listed in subsection 3.b.i(1)of this section, when a more compatible, positive relationship between the size of a proposed residential dwelling or accessory structure and the scale and character of a neighborhood can be demonstrated in other ways. The City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that diminish the perceived scale and improve the perceived character of greater size. That review will include consideration of:

(a)    Distance and visibility from street and adjoining properties;

(b)    Topography;

(c)    Building number (more smaller versus one larger, for example);

(d)    Building form(s), massing and orientation; and

(e)    Landscaping.

(3)    Oswego Lake Setback Exception Limitations

For accessory structures in the Oswego Lake setback, no height exception shall be granted above 18 ft. and no boathouse footprint exception shall be granted to allow more than 800 sq. ft.

ii.    Relationship to the Street

(1)    Intent

Compatible infill is development that makes a positive contribution to the scale and character of a neighborhood’s streetscape. While this scale and character will vary from neighborhood to neighborhood and from street to street, a positive contribution is typically one that enhances the safety and experience of a pedestrian using the street. The Code establishes the relationship of a building’s location and form relative to the street through the following standards:

(a)    Front yard setback;

(b)    Front setback plane; and

(c)    Garage door openings.

(2)    Criteria

The City Manager may permit a residential dwelling or accessory structure design to exceed or vary from the standards listed in subsection 3.b.ii(1) of this section when a more compatible, positive relationship between a proposed design and the scale and character of the street can be demonstrated in other ways. The City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that enhance the perceived scale and character of the street from a pedestrian’s perspective. That review will include consideration of:

(a)    Distance and visibility from street;

(b)    Prevailing patterns of front yard setback, building alignment and spacing (rhythm);

(c)    Topography;

(d)    Preservation of existing trees and features of perceived value to the street;

(e)    Perceived building form, proportion, massing and orientation relative to the street;

(f)    Porch and/or entry location and treatment relative to the street;

(g)    Garage distance and visibility from the street;

(h)    Perceived size and scale of garage doors from the street;

(i)    Perceived area and scale of driveways and parking areas from the street;

(j)    Fencing or screens; and

(k)    Landscaping.

iii.    Relationship to the Neighbors

(1)    Intent

Compatible infill does not diminish the scale, character or privacy of neighboring residences. While the scale, character and privacy of one building relative to another will vary from street to street, and from lot to lot, a positive contribution is typically one that adjusts the location and perceived scale, character and views from or to a new residential dwelling or accessory structure to avoid visual conflict with neighbors. The Code establishes the relationship of a building’s location and form relative to its neighbors through the following standards:

(a)    Side yard setback; and

(b)    Side wall elevation.

(2)    Criteria

The City Manager may permit a residential dwelling or accessory structure design to exceed or vary from the standards listed in subsection 3.b.iii(1) of this section when a more compatible, positive relationship between a residential dwelling or accessory structure and the scale, character and privacy of its neighbors can be demonstrated in other ways. The City Manager will evaluate that relationship by considering the degree to which a proposed design offers features that enhance perceived scale, character and privacy relative to adjoining properties. That review will include consideration of:

(a)    Distance and visibility from adjoining properties;

(b)    Preservation of existing trees and features of perceived value to adjoining properties;

(c)    Topography;

(d)    Perceived building height, form, proportion, massing and orientation relative to adjoining properties;

(e)    Treatment of elevations exposed to adjoining properties;

(f)    Perceived sight lines to and from windows, decks and outdoor living spaces;

(g)    Fencing or screening; and

(h)    Landscaping.

c.    When applying the criteria for compatibility of residential dwelling or accessory structure size, relationship to the street, and relationship to neighbors as set forth in LOC 50.08.007.3.b, the City Manager shall consider the pattern and character of development of all lots within 200 ft. of the subject site. The City Manager shall also consider any neighborhood design objectives or guidelines for residential development that have been adopted by the local neighborhood association.

(Ord. 2579, Repealed and Replaced, 03/20/2012)