NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL File Numbers: TR 499-22-000160-TREE/AP 22-03 & TR 499-22-000158-TREE/AP 22-04

NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL Appeal of Development Review Commission Decisions on Two Tree Removal Applications Hearing Date, Time, and Location: The Lake Oswego City Council will hold a consolidated public hearing on Tuesday, September 6, 2022, at 5:30 p.m. in the City Hall Council Chamber, Third Floor, 380 A Avenue, Lake Oswego, OR, 97034, to consider these appeals. Note: The hearings on these applications are being consolidated because they are side-by-side lots owned by the same applicant, both applications were appealed by the same appellant, and based upon submitted written comments, have evidence and argument that is in common. The Council will hear testimony on both applications in one consolidated hearing. Persons may testify on either one of the applications, or both. This meeting will be conducted in-person at City Hall and an option for participating electronically via Zoom or by phone is also available (see instructions under the How to Testify heading, below). The meeting will be livestreamed on the City’s YouTube Channel and at https://www.ci.oswego.or.us/ as well as broadcast live on Tualatin Valley Community TV; check their website for details. File Number: TR 499-22-000160-TREE/AP 22-03 TR 499-22-000158-TREE/AP 22-04 Applicant/Owner: Renaissance Custom Homes Location of Properties/Sites: 529 8th St. [AP 22-03] and 541 8th St. [AP 22-04] (Tax lot references 21E03CA08500 / 21E03CA08501) Description of Proceedings: A consolidated public hearing appealing the Development Review Commission’s (DRC) decision to approve the applicant’s request for two Type II tree removal applications: 499-22-000160-TREE to remove 4 trees and 499-22-000158-TREE to remove five trees. Appellant: First Addition – Forest Hills Neighborhood Association. The Notice of Intent to Appeal was filed on July 14th, 2022, prior to the July 16th, 2022 deadline. Reasons for the Appeal: The Appellant contends that the decision by the DRC to approve both the applications was in error because the applicant failed to prove that no reasonable alternatives [to removal] exist. The appellant believes that reasonable alternatives exist to allow the property to be used as permitted in the zone. [See the Notice of Intent to Appeal for details on the specific Tree Code issues raised by the Appellant at the case file web link, below.] Case File Web Link: Information regarding the decisions, the DRC findings, and the Notice of Intent to Appeal are on the City’s website at: www.lakeoswego.city (type AP 22-03 or AP 22-04 in the search field at the top right of the screen). Staff Contacts: For questions on the case: Daphne Cissell, Associate Planner, phone: (503) 675-3990, email: dcissell@lakeoswego.city. For questions regarding the conduct of the hearing: Kari Linder, City Recorder, phone: (503) 534-4225, email: CityRecorder@lakeoswego.city. Conduct of Hearing: Pursuant to LOC 55.02.085(4), the consolidated hearing before the City Council will be on the records established before the DRC; no new evidence may be presented at the hearing. Only persons who testified either orally or in writing before the DRC may testify before the City Council. The applicant will testify first, followed by the appellant, then persons in favor of the appeal, persons in opposition to the appeal, and concluding with rebuttal by the applicant. At the close of testimony the City Council will deliberate and make a decision on each application. The decisions of the Council are final. How to Testify: All persons eligible to testify (see above) are encouraged to submit written testimony before the hearing or to appear and testify orally either in person at City Hall or remotely via Zoom or phone. Testifying Remotely: Prior to 12:00 noon on the meeting day, contact the City Recorder, Kari Linder, at cityrecorder@lake oswego.city or 503-534-4225, to receive a Zoom link and Zoom phone numbers. (Call if not received). Provide name, contact information, and whether you support, oppose, or are neither for nor against the applications. You must timely connect and testify when called upon at the hearing. If you are not able to electronically testify for any reason, e.g., inadequate or faulty internet connectivity, computer equipment, or operation thereof by yourself, City personnel, internet service providers, virtual meeting platform software, or other third parties involved in transmission and receipt of your oral testimony, you are deemed to have waived your oral testimony. You are strongly urged to also submit written testimony to assure appearance in the proceeding and receipt of testimony. YOU ACCEPT RISK AND CONSEQUENCES OF THE INABILTY TO RECEIVE YOUR ORAL TESTIMONY BY ELECTRONIC MEANS AT THE APPROPRIATE POINT IN THE PUBLIC HEARING. Written Testimony and Materials: Must be submitted prior to 12:00 noon on meeting day. Email written materials to cityrecorder@lakeoswego.city. If no confirmation email received, call: (503) 534-4225. All testimony shall be limited to argument regarding issues raised before the DRC, and shall be based solely upon the record of the proceedings before the DRC. Enlargements, illustrations, maps or other exhibits may be submitted as long as they are part of the record or are entirely derived from evidence in the record. Written comments that are merely referred to in testimony but which are not placed before the hearing body pursuant to this section shall not become part of the record of the proceedings. Written comments that attempt to present new evidence or raise new issues not presented or raised before the hearing body will be rejected. Written testimony may also be mailed or hand-delivered to: Kari Linder, City Recorder Third Floor, City Hall 380 A Avenue PO Box 369 Lake Oswego, Oregon 97034 Phone: (503) 534-4225 e-mail: cityrecorder@lakeoswego.city Please provide a reference to the case to which you are testifying – AP 22-03 or AP 22-04. Time Limits on Testimony: The following time limits will apply to testimony on both applications in the consolidated hearing: the applicant and appellant will each have 15 minutes to testify; recognized neighborhood associations, homeowner’s associations, government or government agencies or other incorporated public interest organizations will each have 10 minutes; individuals will each have five minutes, and the appellant will be given five minutes for rebuttal. The time limits shall not include time taken up by questions from the Council and responses to those questions. Any person in attendance may cede his or her time for testimony to another eligible person, but in no case shall any person’s testimony be increased to greater than 10 minutes. The Council may modify these time limits, depending on the circumstances. How to Obtain Further Information: A copy of the decisions being appealed, the applications, all documents and evidence contained in the records, and the applicable criteria are available for inspection at no cost online or at the above address. Copies of these documents may be obtained at reasonable cost. A copy of the staff report and all exhibits will be available 10 days prior to the date of the hearing at the above address and on the City’s web site at the Case File Web Link above. Publish August 24, 2022. LOR253791

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