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Lake Oswego

Trustee Notice

TS# 14-27606 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Deed of Trust (hereafter referred to as the Trust Deed) made by ROSE DIFEDE as Grantor to TICOR TITLE, as trustee, in favor of METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., as Beneficiary, dated 6/24/2010, and recorded 6/25/2010, in mortgage records of Clackamas County, Oregon, Document No. 2010-038011 in Book Page covering the following described real property situated in said County and State, to-wit:  LOT 49, MOUNTAIN PARK NO. 11, IN THE CITY OF LAKE OSWEGO, COUNTY OF CLACKAMAS AND STATE OF OREGON The street address or other common designation, if any, for the real property described above is purported to be:  12 DA VINCI STREET LAKE OSWEGO, OR 97035. The Tax Assessor’s Account ID for the Real Property is purported to be: 00210266 Both the current beneficiary and the trustee, Benjamin D. Petiprin, attorney at law have elected to foreclose the above referenced Trust Deed and sell the said real property to satisfy the obligations secured by the Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to ORS 86.752(3).  All right, title and interest in the said described property which the grantors had, or had power to convey, at the time of execution of the Trust Deed, together with any interest the grantors or their successors in interest acquired after execution of the Trust Deed shall be sold at public auction to the highest bidder for cash to satisfy the obligations secured by the Trust Deed and the expenses of sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The default for which foreclosure is made is: That a breach of, and default in, the obligations secured by said deed of trust have occurred in that “A Borrower dies and the Property is not the principal residence of at least one surviving Borrower” and, the borrower has died and there are no other borrowers occupying the property, and therefore, the lender had declared all sums secured thereby forthwith due and payable plus the foreclosure costs, legal fees or any advances that may become due, and such sums have not been paid. The amount required to cure the default in payments to date is calculated as follows: From: 2/22/2013 Total of past due payments: $414,658.30 Late Charges: $0.00 Additional charges (Taxes, Insurance): $0.00 Trustee’s Fees and Costs: $3,702.76 Total necessary to cure: $418,361.06 Please note the amounts stated herein are subject to confirmation and review and are likely to change during the next 30 days. Please contact the successor trustee Benjamin D. Petiprin, attorney at law, to obtain a “reinstatement’ and or “payoff’ quote prior to remitting funds. By reason of said default the beneficiary has declared all sums owing on the obligation secured by the Trust Deed due and payable. The amount required to discharge this lien in its entirety to date is: $418,361.06 Said sale shall be held at the hour of 10:00 AM on 10/30/2014, in accord with the standard of time established by ORS 187.110, and pursuant to ORS 86.771(7) shall occur at the following designated place: At the arbor closest to Main Street in the courtyard directly north of the Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045 Other than as shown of record, neither the said beneficiary nor the said trustee have any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the Trust Deed, or of any successor(s) in interest to the grantors or of any lessee or other person in possession of or occupying the property, except: NONE  Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation(s) of the Trust Deed, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with trustee’s and attorney’s fees not exceeding the amounts provided by ORS 86.778.  The mailing address of the trustee is: Benjamin D. Petiprin, attorney at law c/o Law Offices of Les Zieve One World Trade Center 121 Southwest Salmon Street, 11th Floor Portland, OR 97204 (503) 946-6558 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and ‘beneficiary” include their respective successors in interest, if any. Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale.  Dated: 6/23/2014 Benjamin D. Petiprin, attorney at law c/o Law Offices of Les Zieve Signature By: Benjamin D. Petiprin P1111102 9/17, 9/24, 10/1, 10/08/2014 CNI5343SP

TS# 14-27606 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Deed of Trust (hereafter referred to as the Trust Deed) made by ROSE DIFEDE as Grantor to TICOR TITLE, as trustee, in favor of METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., as Beneficiary, dated 6/24/2010, and recorded 6/25/2010, in mortgage records of Clackamas County, Oregon, Document No. 2010-038011 in Book Page covering the following described real property situated in said County and State, to-wit:  LOT 49, MOUNTAIN PARK NO. 11, IN THE CITY OF LAKE OSWEGO, COUNTY OF CLACKAMAS AND STATE OF OREGON The street address or other common designation, if any, for the real property described above is purported to be:  12 DA VINCI STREET LAKE OSWEGO, OR 97035. The Tax Assessor’s Account ID for the Real Property is purported to be: 00210266 Both the current beneficiary and the trustee, Benjamin D. Petiprin, attorney at law have elected to foreclose the above referenced Trust Deed and sell the said real property to satisfy the obligations secured by the Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to ORS 86.752(3).  All right, title and interest in the said described property which the grantors had, or had power to convey, at the time of execution of the Trust Deed, together with any interest the grantors or their successors in interest acquired after execution of the Trust Deed shall be sold at public auction to the highest bidder for cash to satisfy the obligations secured by the Trust Deed and the expenses of sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The default for which foreclosure is made is: That a breach of, and default in, the obligations secured by said deed of trust have occurred in that “A Borrower dies and the Property is not the principal residence of at least one surviving Borrower” and, the borrower has died and there are no other borrowers occupying the property, and therefore, the lender had declared all sums secured thereby forthwith due and payable plus the foreclosure costs, legal fees or any advances that may become due, and such sums have not been paid. The amount required to cure the default in payments to date is calculated as follows: From: 2/22/2013 Total of past due payments: $414,658.30 Late Charges: $0.00 Additional charges (Taxes, Insurance): $0.00 Trustee’s Fees and Costs: $3,702.76 Total necessary to cure: $418,361.06 Please note the amounts stated herein are subject to confirmation and review and are likely to change during the next 30 days. Please contact the successor trustee Benjamin D. Petiprin, attorney at law, to obtain a “reinstatement’ and or “payoff’ quote prior to remitting funds. By reason of said default the beneficiary has declared all sums owing on the obligation secured by the Trust Deed due and payable. The amount required to discharge this lien in its entirety to date is: $418,361.06 Said sale shall be held at the hour of 10:00 AM on 10/30/2014, in accord with the standard of time established by ORS 187.110, and pursuant to ORS 86.771(7) shall occur at the following designated place: At the arbor closest to Main Street in the courtyard directly north of the Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045 Other than as shown of record, neither the said beneficiary nor the said trustee have any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the Trust Deed, or of any successor(s) in interest to the grantors or of any lessee or other person in possession of or occupying the property, except: NONE  Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation(s) of the Trust Deed, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with trustee’s and attorney’s fees not exceeding the amounts provided by ORS 86.778.  The mailing address of the trustee is: Benjamin D. Petiprin, attorney at law c/o Law Offices of Les Zieve One World Trade Center 121 Southwest Salmon Street, 11th Floor Portland, OR 97204 (503) 946-6558 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and ‘beneficiary” include their respective successors in interest, if any. Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale.  Dated: 6/23/2014 Benjamin D. Petiprin, attorney at law c/o Law Offices of Les Zieve Signature By: Benjamin D. Petiprin P1111102 9/17, 9/24, 10/1, 10/08/2014 CNI5343SP

NOTICE OF INTENTION TO AMEND

Clackamas County intends to amend the Consolidated Plan in the following manner:

Program Year 2012-2013 (2012 Action Plan)

Sunnyside Health and Wellness Center Expansion (2012/0023) – This project has been relocated to the Beavercreek Clinic in Oregon City and renamed the 2012 Beavercreek Clinic Project.  The project is for remodeling of existing health clinic offices at the Beavercreek Clinic.  The clinic remodeling would include additional accessible restrooms, an enlarged waiting area, improved patient privacy during intake, an ADA accessible entry and a pharmacy. The 2012 budget for this project is increased by $100,000 which brings the total CDBG budget to $200,000.

Program Year 2014-2015 (2014 Action Plan)

Town Center Greens – This affordable housing development will be located on the west side of SE 85th Avenue between SE Causey and SE Monterey avenues.  It is being developed by Central City Concern.  The initial plans called for 40 new housing units, to be assisted with a conditional allocation $1.1 million of federal HOME Investment Partnerships Program (HOME) funds.   The developer has revised its plans to expand the project to 60 affordable housing units and requests an additional $400,000 of HOME funds. The total amount of HOME funds allocated to the development will be $1.5 million.  Funding will come from FY13 and FY14 HOME grants that the County received from HUD.

Clackamas Homebuyer Assistance Program (CHAP) – This program provides up to $14,000 of downpayment assistance to eligible households who are looking to buy their first home in Clackamas County.  The County will use up to $100,000 of HOME funds and $75,000 of CDBG funds as direct homeowner assistance and up to $10,000 of Community Development Block Grant (CDBG) funds for CHAP delivery costs.  This program will expire on June 30, 2015 or when funds are exhausted.

The CHAP policies are being revised to incorporate new federal requirements.  The Period of Affordability and Recapture Provision have been amended to further clarify the roles and responsibilities of the CHAP homebuyer and the County.  The revised CHAP Policies including the amended Recapture Provision is available for review by contacting the Clackamas County Community Development Division.

Tenant Based Rental Assistance Program (TBRA) – The County proposes to use federal HOME funds to continue a rental assistance program.  The TBRA program will be used to assist individual households who are homeless or at risk of becoming homeless.  The assistance may be used for rent, utility costs, security deposits, and/or utility deposits.  The maximum assistance is 24 months.  $12,946 of HOME funds will moved from the 2013 program year to the 2014 program year, and an additional $100,000 of FY14 HOME funds will be made available for this activity.   This program will expire on June 30, 2015 or when funds are exhausted.
For additional information, or to submit comments on the proposed amendments, contact Kevin Ko at the Clackamas County Community Development Division, Public Services Building, 2051 Kaen Road – Suite 245, Oregon City, Oregon, 97045, (503) 655-8359 or kko@clackamas.us.  Comments will be accepted until 2:00 PM on Monday October 13, 2014.
Publish 09/11/2014.                      LOR13131

NOTICE OF PUBLIC MEETING

NOTICE OF PUBLIC MEETING

The City of Lake Oswego Development Review Commission will hold a public hearing in the City Hall Council Chamber at 380 A Avenue, Lake Oswego, Oregon on Wednesday, September 3, 2014, at 7:00 p.m. to consider the following:

LU 14-0034: A request by R. Kent and Marleigh Mathiot and Mike and Susan Foote, for approval of the following:
* A Resource Conservation Protection Area determination;
* A 9-lot single family residential planned development, including five flag lots; and,
* The removal of 32 trees to accommodate the proposed development.
Location of Property: 5316, 5324, 5362 Carman Drive, (Tax Lots 2500, 2600, and 2700 of Tax Map 21E07).  The staff coordinator is Johanna Hastay, Associate Planner.
Publish 08/21/2014.                      LOR13130

NOTICE OF POTENTIAL ANNEXATION OF TERRITORY

REISSUED
NOTICE OF POTENTIAL
ANNEXATION OF TERRITORY

This notice has been reissued because the original hearing was scheduled for July 15, 2014, and then continued to July 29, 2014.  On July 29, 2014 the City Council continued the hearing to September 2, 2014.

The City of Lake Oswego has received an annexation petition for one parcel which is located within the Urban Service Boundary of the City of Lake Oswego.  The parcel is located at:

14061 Goodall Road (21E04CA02700)

The Lake Oswego City Council will hold a public hearing on Tuesday, September 2, 2014, at 6:30 p.m. in the City Hall Council Chambers, 380 A Avenue, Lake Oswego, Oregon to consider this annexation petition and proposed ordinance, including the designation of zone(s) for the parcel.

Annexations are adopted by ordinance.  The title of the ordinance is:
Ordinance No. 2646
An ordinance annexing to the City of Lake Oswego one parcel consisting of 1.73 acres located at 14061 Goodall Road; declaring City of Lake Oswego zoning pursuant to LOC 50.01.004.5(a-c); and removing the territory from certain districts (AN 14-0004).

APPLICABLE CRITERIA:
1.    Oregon Revised Statutes, Boundary Changes; Mergers
and Consolidations
* ORS 222.111(2) Annexation of Contiguous Territory, Authority and procedure for annexation, generally.
* ORS 222.125 Annexation by consent of all owners of all of the land in the area to be annexed and not less than 50% of the registered voters living in the area.
* ORS 222.170 Annexation by consent of more than half of the owners of land in the territory to be annexed, who also own more than half of the land in the territory.
2.    Metro Code
* 3.09.040(a)(1-7) Minimum Requirements for Petitions.
* 3.09.050 Uniform Hearing Requirements for Final Decisions.
* 3.09.050(b)(1-5), (d)(1-5).
3.    Lake Oswego Community Development Code
* Section 50.05.009.4 Zoning of Annexed Areas
* Section 50.01.004.5 Comprehensive Plan Map Designations Automatically Applied Upon Annexations; Exceptions.
4.    Lake Oswego Comprehensive Plan Policies
Goal 14, Policies 10, 13, 14

PROPOSED USE OR USES WHICH COULD BE AUTHORIZED IF ANNEXED AND PROPOSED ZONE APPLIED:

The Applicants are requesting annexation to obtain City services and for future development.  In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 and a Resource Protection (RP) and Resource Conservation (RC) Overlay District shall be applied to this property.  Permitted and conditional uses in the R-7.5 zone can be found in LOC 50.03.002.
Anyone interested in commenting may either speak during the public hearing or submit written comments by 5:00 p.m. on September 2, 2014 to:
Cate Schneider, City Recorder
City of Lake Oswego
380 A Avenue, Third Floor
P.O. Box 369        Fax:  (503) 697-6594
Lake Oswego, OR 97034
e-mail:  public_affairs@ci.oswego.or.us

The hearing will include an opportunity for persons to testify in favor, in opposition, and neither for nor against, and petitioner’s rebuttal.  Individuals are allowed up to 5 minutes, and another person may cede their time to an individual, in which case no individual shall have more than 10 minutes to testify.  Recognized neighborhood associations, governments and government agencies, and other incorporated public interest organizations have up to 10 minutes to testify.  See LOC 50.07.003.4.a and 50.07.003.4.b.

Note:  Failure to raise an issue in the hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the City Council an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.

Copies of the petition, all documents and evidence submitted by or on behalf of the applicant, applicable criteria, map and proposed Ordinance 2646 are available for inspection at no cost.  The staff report will be available for review 15 days before the hearing and a copy will also be available for review at the Lake Oswego Library in the “Reference” section.  Copies will be provided at reasonable cost.  To inspect or purchase copies of the above documents, please go to City Hall at the above address.
See also:

http://www.ci.oswego.or.us/planning/14-0004-14061-goodall-road

Inquiries regarding the proposal may be directed to Paul Espe, Associate Planner, at (503) 697-6577.  For information about the public hearing, contact Cate Schneider, City Recorder, (503) 675-3984.

Please refer to file AN 14-0004, (proposed Ordinance 2646).
Publish 08/21/2014.                     LOR13129

REQUEST FOR PUBLIC COMMENT

REQUEST FOR PUBLIC COMMENT

As part of the Federally-defined Formal Renewal Process, Comcast of Tualatin Valley, Inc. and Comcast of Oregon II, Inc. have submitted a Proposal to the Metropolitan Area Communications Commission for cable television service in the following Oregon jurisdictions:  Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard, Tualatin, West Linn and unincorporated Washington County.

Public Comment is encouraged and welcome.

An Executive Summary of Comcast’s proposal is available on-line:  http://tinyurl.com/kcsp9cw
Comcast’s full Response is available here:  http://tinyurl.com/mprtvaq Or may be requested from MACC.
MACC’s RFP document is available here: http://tinyurl.com/lgk8sxd

Contact MACC with any questions, or comments on the Franchise Renewal Process:
MACC@MACCOR.ORG
Metropolitan Area Communications Commission
15201 NW Greenbrier Parkway, C-1
Beaverton, OR  97006
503.645.7365 x206
Publish 08/21/2014.                     LOR13127

NOTICE OF CONSIDERATION

City of Lake Oswego
NOTICE OF CONSIDERATION
OF ORDINANCE 2645

The Lake Oswego City Council will consider Ordinance 2645 at its regular meeting of Tuesday, September 2, 2014.  The meeting will convene at 6:30 p.m. in the Council Chambers, 380 A Avenue.
ORDINANCE NO. 2645

AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL AMENDING THE COMPREHENSIVE PLAN TO INCLUDE AN UPDATED TRANSPORTATION SYSTEM PLAN [LU 14-0015].

Copies of this Ordinance will be available one week before the meeting in the City Recorder’s Office and will also be available at the September 2, 2014 meeting.  For more information, contact Catherine Schneider, City Recorder, at 503-675-3984.
Publish 08/14/2014.                      LOR13125

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL

Hearing Date, Time, and Location:
Tuesday, September 2, 2014; 6:30 p.m.
City Council Chambers
380 A Avenue
Lake Oswego, OR  97034

Pursuant to ORS 223.304(7)(a), notice is given that the City Council will hold a public hearing upon:
RESOLUTION NO. 14-34

A RESOLUTION RELATING TO CLASSIFICATION OF SMALL DUPLEXES FOR PURPOSES OF PARKS, SURFACE WATER MANAGEMENT, AND TRANSPORTATION SYSTEM DEVELOPMENT CHARGES; AND AMENDING THE 2014 MASTER FEES AND CHARGES SCHEDULE.

to consider amending the methodology for assessment of Parks, Surface Water Management, and Transportation System Development Charges relating to small (800 sq. ft. or less) duplexes.  The proposed amendment is:
Section 1.  The System Development Charge methodology relating to duplexes, as set forth on page 49 of the 2014 Master Fees and Charges, is hereby amended as follows: (double underline indicates new text; strikethrough is text to be deleted)

For each type of Parks, Surface Water, and Transportation SDCs, the fees assessed to each unit of a duplex shall be: (1) the same as those assessed to a single-family residence when the size of the duplex unit is greater than 800 sq. ft; or (b) the same as those assessed to a secondary dwelling unit when the size of the duplex unit is 800 sq. ft. or less.

The methodology supporting the proposed revision is based upon, and incorporates, the original methodology relating to secondary dwelling units.  (Under Lake Oswego Code, secondary dwelling units are limited to 800 sq. ft.; small duplexes 800 sq. ft or less are equivalent in use, occupancy, and size.)

Staff Contacts:
Inquiries regarding the proposal, including obtaining a copy of the proposed resolution, may be directed to:
Deputy City Attorney Evan Boone
Lake Oswego City Attorney’s Office
P.O. Box 369
Lake Oswego, OR  97034,
503-635-0225
eboone@ci.oswego.or.us.

For information about the public hearing, contact Catherine Schneider, City Recorder, (503) 675-3984.

How to Comment:
Bring or mail written comments to:
Catherine Schneider, City Recorder    Phone:  (503) 675-3984
Third Floor, City Hall        Fax:  (503) 697-6594
380 A Avenue    e-mail:  cschneider@ci.oswego.or.us
Post Office Box 369
Lake Oswego, Oregon 97034
You may attend the hearing and comment under the section for public testimony.  For more about the hearing procedures, contact staff.

Decision:
The City Council may make decision following the hearing.  The final City Council decision will consist of adoption of the Resolution.

Time Limits on Testimony:
The purpose of time limits on testimony is to provide all interested persons with an adequate opportunity to present and respond to testimony while at the same time ensuring that the hearing can be conducted in an efficient and expeditious manner. The following time limits on testimony shall be observed, but may be changed by the Council:
* 10 minutes for a representative of a recognized neighborhood association, homeowner association, or government agency, or other incorporated public interest organization;
* 5 minutes for other persons.
Publish 08/14/2014.                      LOR13124

NOTICE OF NONDISCRIMINATORY POLICY

NOTICE OF NONDISCRIMINATORY POLICY

BETHLEHEM CHRISTIAN PRE-SCHOOL welcomes children without regard to race, color, handicap, age, sex, or national origin.
We are a 501 (c) (3) non-profit organization and an Equal Opportunity Employer.
Publish 08/07/2014.                      LOR13123

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING

The City of Lake Oswego Planning Commission will hold a public hearing in the City Council Chamber located in Lake Oswego City Hall at 380 A Avenue on Monday, July 28, 2014, 6:30 p.m.  The Commission will consider LU 14-0014B and LU 14-0018, a request from the City of Lake Oswego for the following citywide legislative amendments to the Community Development Code (CDC):
(Please note that staff will be recommending that the public hearing for LU 14-0014B be opened and immediately continued to August 25, 2014.  This is being done to allow adequate time for the Planning Commission to hold the hearing for LU 14-0018 and conduct a work session on revisions to the Sensitive Lands program.)
•Ordinance 2648, LU 14-0014B – Annual Code Updates:  These amendments are intended to correct errors, eliminate text ambiguity or redundancy, and clarify text to reflect existing code interpretations. The process is part of the City’s ongoing effort to make the regulations more user-friendly for residents, developers, and staff.  Key amendments address solar panel height; front porches and street side yard setbacks in the R-6 zone; the prohibition of invasive plant species in required landscaping and tree mitigation; clarify required bike parking should be covered; clarify that certain minor developments must be located within 100 feet from a collector or arterial street; and clarify how Park and Open Space land is identified.  The following code sections are affected:  LOC 50.04, Dimensional Table, Exceptions, Projections and Encroachments; LOC 50.05, Overlay and Design Districts; LOC 50.06, Development Standards.  Staff coordinator is Leslie Hamilton, Senior Planner, (503) 675-3731.

Ordinance 2644, LU 14-0018 – Nonconformities and Variances: These amendments update, streamline and simplify sections of the CDC that allow adjustments or variances to code standards and regulate nonconforming structures and uses. They are intended to make the code easier to understand and administer. Key changes include clarifying the code as it applies to all common types of nonconformities (structures, uses, lots, and site features); making the code more streamlined as it applies to conforming expansions of nonconforming commercial, multi-family, industrial, public, and institutional structures; and simplifying the existing procedures by which an applicant can vary or adjust standards in the CDC, by reducing the number of variance categories from nine to three and modifying the variance criteria. The following code sections are affected:  LOC 50.01.006, Nonconforming Structures; LOC 50.08, Adjustments, Alternatives and Variances; LOC 50.05.007, Lake Gove Village Center Overlay District; LOC 50.07, Review and Approval Procedures; and LOC 50.10.003, Definitions.  Staff coordinator is Jessica Numanoglu, (503) 635-0283.

Additional amendments are proposed.  A complete list of the proposed amendments and additional information can be found on the city’s website.

A copy of the proposed amendments is on file in the Planning & Building Services Department at City Hall.  Since the time allowed for public testimony is limited, you are urged to review the record and be thoroughly familiar with it if you plan to testify.

Information can also be obtained by visiting the City’s website at:

http://www.ci.oswego.or.us/projects

(Search for LU 14-0014B or LU 14-0018)
Publish 7/17/2014.            LOR13119

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL

Hearing Date, Time, and Location:
Tuesday, July 29, 2014; 6:30 p.m.
City Council Chambers
380 A Avenue
Lake Oswego, OR  97034

The Lake Oswego City Council will meet at the above date, time and location to conduct a public hearing and consider adoption of amendments to the Lake Oswego Code, Chapters 15, 42, and 55.

Nature of Application and Use or Uses Which Could be Authorized:
The proposed amendments would update the Lake Oswego Code to modify sections that the Fire, Engineering, Building, and Planning departments have found could be improved by removing ambiguous and conflicting language, and correcting provisions.

Description of the Proposed Amendments:
* Fire Code: updating references and removing redundancy with State Fire Code; exception to allow storage of smokeless propellant, black powder, and small arms primers for personal use.
* Streets: Implements Council fee resolution for construction permits; removes requirement that street opening permits be issued under minor development procedure; prohibits right-of-way encroachments that conflict with Americans with Disabilities Act; ties undergrounding of utilities to new construction, eliminates undergrounding for remodeling.
* Tree Code: defines and excludes tree stump removal from needing tree removal permit; prohibits invasive species from being counted as required mitigation trees.

The proposed amendments would be implemented through the adoption of Ordinance 2649, which will be considered at the public hearing. The title of Ordinance 2649 is as follows:
Ordinance No. 2649
An Ordinance of the Lake Oswego City Council Clarifying, Revising, and Updating Articles 15.06 (Fire Code), 42.04 (Construction Permits), 42.12 (Excavation Permits), 42.18 (Rights-of-Way and Easements), 45.09 (Building Code / Various Code), and Chapter 55.02 (Trees / Tree Removal) [2014 Code Maintenance]

A copy of the Ordinance will be available from the City Recorder one week in advance of the hearing.

Staff Contacts:
Inquiries regarding the proposal may be directed to: Evan Boone, Deputy City Attorney, 503-635-0225 or eboone@ci.oswego.or.us. For information about the public hearing, contact Catherine Schneider, City Recorder, (503) 675-3984.

How to Comment:
Bring or mail written comments to:
Catherine Schneider, City Recorder     Phone:  (503) 675-3984
Third Floor, City Hall        Fax:  (503) 697-6594
380 A Avenue    e-mail: cschneider@ci.oswego.or.us
Post Office Box 369
Lake Oswego, Oregon 97034
You may attend the hearing and comment under the section for public testimony.  For more about the hearing procedures, contact staff.

Decision:
The City Council may make a decision following the hearing.

Time Limits on Testimony:
The purpose of time limits on testimony is to provide all interested persons with an adequate opportunity to present and respond to testimony while at the same time ensuring that the hearing can be conducted in an efficient and expeditious manner.  The following time limits on testimony shall be observed, but may be changed by the Council:
Testimony will be taken in the following order: in support of the amendment, in opposition to the amendment, neutral.
* 10 minutes for a representative of a recognized neighborhood association, homeowner association, government agency, or other incorporated public interest organization;
* 5 minutes for other persons.
Publish 07/17/2014.                     LOR13117