File #: 19-396    Version: 1 Name: 413 4th Avenue ROW Obstruction
Type: Resolution Status: Agenda Ready
File created: 6/21/2019 In control: City Commission
On agenda: 7/3/2019 Final action: 7/3/2019
Title: Resolution No. 19-18, Revocable Permanent Obstruction in the Right-of-Way at 413 4th Avenue
Sponsors: John Lewis
Attachments: 1. Staff Report, 2. Resolution No. 19-18, 3. GIS Map, 4. ROW Permit Application, 5. RWOBS-19-00015 ROW Obstruction Site Plan, 6. Geotech Report, 7. GEO 18-01 Geotechnical Approved 6-7-19, 8. Notice of HRB Decision - HR 16-02, 9. Planning Approval Memo - 413 4th, 10. Green Canemah Site Plan
Title
Resolution No. 19-18, Revocable Permanent Obstruction in the Right-of-Way at 413 4th Avenue

Body
RECOMMENDED ACTION (Motion):
Approve Resolution No. 19-18 to allow a Revocable Permanent Obstruction in the Right-of-way (Permit RWOBS-19-00015), for retaining walls, stairs, and walkways in the right-of-way at the infill lot development at 413 4th Avenue.

BACKGROUND:
A new residence is proposed for construction at 413 4th Avenue. The topography and geologic hazard conditions of the site require the utilization of retaining walls to provide a walkway and driveway which connects the garage and the entrance of the new residence to existing right-of-way for vehicular and pedestrian access.

The retaining walls, walkways, and stairs have been reviewed and approved by Oregon City Public Works in consultation with both the Applicant’s Geotechnical Engineer and the City's Geotechnical Consultant. This application was a Type II review which is a staff level approval. Submittals and reviews comply with OCMC 17.44 Geologic Hazards Review for a Single-Family Residence. In addition to the project geotechnical engineering and design approval, Oregon City Public Works staff has determined that the retaining walls, walkways, and stairs that are depicted in the ROW would not constrain the current public use of 4th Avenue.

On February 28, 2017, after reviewing all the evidence in the record and considering all the arguments made by the applicant and opposing and interested parties, the Oregon City Historic Review Board voted 4-0-0 to approve the project. This was a Type III decision which involves the greatest amount of discretion and evaluation of the subject approval standards. The Historic Review Board (HRB) approved this proposal on 2/28/17 after three public hearings. The walls in the right-of-way were shown on the plans submitted for the 1/24/17 hearing and the 2/28/17 hearing, and they were described during the applicant’s presentation at the 1/24/17 hearing. There ar...

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