Title
Resolution No. 18-26, Revocable Long-Term Obstruction in the Right-of-Way for Tax Lot 2-2E-31CA-04800 (320 Tumwater Dr.)
Body
RECOMMENDED ACTION (Motion):
Approve Resolution No. 18-26 for a Revocable Permanent Obstruction in the Right-of-Way Permit for the property at Tax Lot 2-2E-31CA-04800 (320 Tumwater Dr.).
BACKGROUND:
The owner of the subject property has rebuilt an existing deck attached to the southern side of the house on the property. A Building Division permit was not acquired prior to the construction. The deck was found by Public Works to lie within unimproved public right-of-way. The property owner would like to obtain a building permit to validate the construction. Before a building permit can be issued, a Public Works revocable permit for long-term obstruction in the right-of-way needs to be issued with Commission approval.
Public Works notes that the subject section of right-of-way adjacent to the property contains grades over 25%. Continuity of the section of right-of-way which is in line with S 3rd Street would be impractical. In accordance with Oregon City Municipal Code section 12.04.175 - Street Design - generally part A, street layouts are to provide for conformance to a City plan for any area where topographical conditions make continuity of existing street impractical. It is impractical to extend the subject right-of-way as part of S 3rd Street to increase connectivity to properties on Tumwater Drive. Since Tumwater Drive currently serves six residences, it provides standard or better service as-is in accordance with City standards and section 12.04.175 is met. The subject right-of-way will not be improved into a local street. Therefore, we recommend approval of the deck as an obstruction in the right-of-way.