West Linn Planning Commission Meeting: November 6, 2024

The West Linn Planning Commission held a regular meeting on Wednesday, November 6, 2024, starting with a pre-meeting work session at 6:00 PM and the regular meeting at 6:30 PM. The primary agenda item was a public hearing for a quasi-judicial application (MIP-24-02/VAR-24-05) seeking a three-parcel minor partition and a Class II variance to allow five single-family homes to access a shared private driveway at 2830 Coeur D Alene Drive. The meeting also included planning commission announcements and staff updates. The hearing concluded with a unanimous vote to approve the variance subject to conditions.

Pre-Meeting Work Session (6:00 PM - 6:30 PM)

• Procedural Discussion: Commissioners discussed the scope of permissible topics during the pre-meeting. City Attorney Wygood clarified that only procedural questions could be addressed; substantive legal or regulatory matters were to be discussed on the record during the formal hearing.
• Questions on the Variance Trigger: Commissioner Jones noted that a pre-application conference summary from March 7, 2024, stated "no public hearing is required," and asked what changed. City Planner Weiss explained that the applicant sought a variance to allow five lots on a shared private driveway, which elevated the decision from a staff-level three-parcel minor partition to a Planning Commission Class II variance hearing.
• Easement and Plat Note References: Commissioner Jones referenced public comments about "unanimous consent" and plat notes 8, 9, and 24 from the Teresa's Vineyard plat. Staff confirmed these notes concern access restrictions and would be addressed during the formal hearing.
• Lot Count Clarification: Commissioner Wolvante asked why the applicant referenced five lots when the partition map showed four. Mr. Goodell clarified that the partition creates three new lots, but two existing lots (22 and 23) already use the shared driveway, totaling five lots using the access.
• Disclosure of Familiarity: Commissioner Evans stated he has some familiarity with the property but can remain impartial.

Public Hearing (6:30 PM)

Preliminary Legal Matters

• City Attorney Wygood outlined the hearing process, noting the applicant bears the burden of proof under the West Linn Community Development Code (CDC) chapters 12, 48, 75, 85, 92, and 99. She advised that only testimony directed at these criteria would be considered, and that failure to raise issues with specificity may preclude appeal.
• Ex Parte Contacts: Commissioner Evans reported site visits and walking his dog in the area but affirmed impartiality. No conflicts or jurisdictional challenges were declared.

Staff Presentation

• Mr. Goodell presented the application:
  • Subject property: 39,000 sq ft, R7 zoned lot, currently accessed via a shared 20-foot easement between lots 22 and 23 of the Teresa's Vineyard tract.
  • Proposed: Minor partition into three lots (one 19,636 sq ft, two 10,000 sq ft, meeting R7 minimum). No physical development is proposed.
  • Because the shared driveway would serve five lots total (three new plus two existing), CDC 48.030(D) requires a public street unless a variance is granted.
  • Staff recommends approval with four conditions: 1) Final site plan; 2) Shared access agreement signed by all five property owners; 3) Engineering standards compliance; 4) Reciprocal access and utility easements for the new lots.
• Commissioner Questions:
  • Commissioner Wolvante asked about ownership of the easement land. Mr. Goodell confirmed the Alfsons have an easement over lots 22 and 23; the underlying land is owned by lots 22 and 23.
  • Wolvante expressed concern that maintenance cost sharing would shift from thirds to fifths, and that code would normally require a public street. He noted this issue was not resolved before the hearing.
  • Commissioner Jones asked if there is an HOA; staff said they are not aware of one for this tract.
  • Commissioner Evans asked about the timeline for condition fulfillment. City Attorney Wygood stated the plat must be recorded within three years; conditions must be met before recording.
  • Commissioner Jones noted the pre-application letter used "decommission" for the septic tank, while the applicant's narrative used "abandon." Staff said the terms are interchangeable but engineering staff will require proper decommissioning per county standards.
  • Commissioner Schulte Hillen asked about the legal weight of plat notes. Ms. Wygood explained that plat notes are private restrictions and can be modified by private parties; the city has not limited access counts in the easement.
  • Commissioner Evans clarified that septic tank decommissioning is a county matter, and the city will require certification.
  • Vice Chair Matlin asked if granting the variance would allow future development of more units on the new lots under middle housing rules. Staff confirmed that under recent code amendments (CFAC agreements), no minimum parking is required, and middle housing rules could allow additional units without further variance for access. Commissioner Wolvante noted this could increase density and traffic.

Applicant Presentation

• Gary and Susie Alfson testified:
  • Gary Alfson, a retired civil engineer, stated they have owned the property for 40 years and have watched development surround them. They want to partition into three lots (keeping their home) and use the existing shared driveway.
  • They claim the driveway is built to city standards (except sidewalks). Access via Track C to the north is infeasible due to steep grades, vertical curves, and the need to demolish their shop and a large tree.
  • They assert that when the Teresa's Vineyard development occurred, they worked with developer Jeff Smith and city staff to secure an access easement with no limitation on the number of lots. The plat notes stating a maximum of two lots were never discussed or agreed to.
  • They have no plans for multifamily; they intend to sell the two new lots as single-family building sites.
• Commissioner Questions:
  • Commissioner Wolvante asked if they planned to develop the lots themselves. The Alfsons said they will sell them due to health reasons.
  • Commissioner Evans asked if they could place deed restrictions limiting development to single-family. They acknowledged they could try but noted buyers may not accept restrictions.
  • Commissioner Schulte Hillen asked about driveway standards; Mr. Alfson said the pavement width and base meet city standards.

Public Comments & Testimony

• Carlos Ugalde (owner of lot 22): Expressed safety concerns for his children playing near the easement. He stated he and his wife declined the Alfsons' request for additional access. He worried about cost sharing for maintenance and sewer upgrades. He noted the Teresa's Vineyard HOA exists but he was unsure of its bylaws; the HOA president may submit a letter. He opposed the variance.
• Carmen Timberlake (co-owner of lot 23): Described their home as a peaceful sanctuary with views of the Alfson property. Development would decrease privacy, create noise, and increase traffic (construction and future homes). She stated the plat note limits access to a maximum of two lots via the private drive. She strongly opposed the variance.
• David Baker (prospective buyer of lot 22): Argued the variance is self-created because the applicant has access to Track C. He cited CDC 75.020(C) requiring that the need for a variance not be created by the applicant. He said Track C offers a feasible alternative, and using the easement would shift burdens onto lots 22 and 23. He urged denial.
• Tom Low (neighbor on Coeur D Alene Drive): Spoke in support of the Alfsons. He stated that the Alfsons were "pigeonholed" by surrounding development. He argued that the safety concerns are a matter of parental responsibility and that the driveway is sufficient. He asked the commission to grant the variance.

Applicant Rebuttal

• Mr. Alfson responded to testimony:
  • Noted that children playing in the street is due to small yards in the Teresa's Vineyard homes.
  • Stated that any improvement costs for the driveway and utilities would be borne by the new lot buyers, and maintenance would be shared among five owners (reducing each share from one-third to one-fifth).
  • Regarding views: "If you like the view, buy it. It's for sale."
  • Reiterated that the 2007 letter from developer Jeff Smith and city staff placed no limit on the number of lots accessing the easement; the "maximum two lots" language in the plat notes was added without his agreement.
  • Said they spoke to all neighbors backing their property; only two opposed.
  • Again emphasized that Track C is unsafe due to sharp vertical curves.
• Commissioner Wolvante asked about the history of the plat notes; Mr. Alfson confirmed the notes were not discussed during the 2007 agreement.

Continuance Request and Deliberation

• Continuance Request: Rufus Timberlake and Carlos Ugalde indicated an HOA letter might be forthcoming. Commissioner Jones moved for a continuance, but after discussion with City Attorney Wygood, the motion was withdrawn because no party formally requested a continuance and the record had ample opportunity for testimony.
• Deliberation:
  • Vice Chair Matlin: Focused on the variance criteria, particularly physical characteristics (lot shape, topography) making Track C infeasible. He found the variance necessary for reasonable use and supported approval.
  • Commissioner Wolvante: Agreed with Vice Chair Matlin, noting the applicants did not create the need—it arose from surrounding development.
  • Commissioner Jones: Expressed concern about septic decommissioning terminology but ultimately voted yes.
  • Commissioner Evans: Stated the applicants were "pigeonholed" and the variance is appropriate.
• Motion: Commissioner Evans moved to approve MIP-24-02 and VAR-24-05 as presented, directing staff to prepare a final decision based on findings and conditions from the hearing and staff report. The motion was seconded and passed unanimously (6-0).

Key Outcomes

• Vote: The Planning Commission unanimously approved the minor partition and Class II variance (6-0) subject to the four conditions recommended by staff: 1) Final site plan, 2) Shared access agreement signed by all five property owners, 3) Engineering standards compliance, and 4) Reciprocal access and utility easements.
• Appeal Deadline: Any appeal to the City Council must be filed within 14 days of the signing of the final decision.
• Staff Updates: The next joint meeting with City Council is scheduled for Monday, November 18, 2024, at 6:00 PM to discuss the Housing Production Strategy and possible code amendments. The regular Planning Commission meeting of November 20, 2024, will be cancelled.