Break out the champagne! As of July 12 we are officially approved to build our larger ADU. The even better news is that no one appealed the decision within the two week appeal period (July 12-July 26th). This means the decision is FINAL.

Below are a few of the documents from the approval letter. I will attach the full approval form if it becomes available in a PDF format.

Two requirements will need to be met as result of this process:

1) Maintain the hedge on the south side of the property.

2) Apply for a fire code exception (Fire Code Requirment). The fire department requires vehicle access within 150 feet of all sides of a structure. Since this is impossible with the current lot size, I will need to appeal this requirement and add sprinklers to the building. This will add to the cost – somewhere between $2-$3 per square ft. Here’s the appeal form. The contact person at the fire bureau is Dawn Krantz (503-823-3718).

Land Use Review Approval Elevations

Full Land Use Review Approval from City

Ironically, the neighbor who complained most vehemently is one who is himself a small-scale developer who has divided his lot and placed multiple buildings on the land. And, nimbyism has its price – nearly $1000 in design fees and a month delay.

Lessons learned:

1) Broaden the circle when approaching neighbors. Get as many on board before the city comment period. Also, it’s clear that the neighbor who objected had many incorrect assumptions about the building. I’ve since spoken with him and mostly ironed things out, but the damage is done. Fortunately, he didn’t appeal the city’s decision.

2) When talking to the city, get them to WRITE THINGS DOWN. Somewhere. Anywhere. When I began the process, they indicated I could probably get the 800 sq. ft. increase. However, later in the process, they said that they wanted the project to be closer to 700 sq. ft. If I had known this from the get-go, I would have saved a ton of time and money.

3) Shoot for the moon. Sadly, one of my take-aways from this process is that it’s more about the PERCEPTION of compromise than it is about true sacrifice. I reduced the size of the building, moved it off the property line, etc…but at the end of the day, these changes will have almost no impact on the overall building. This is why developers often ask for outrageous zoning adjustments – it allows them to “scale back” their plans, putting the designs where they wanted them all along.

4) Get it in writing. It would have been better if I could have provided written testimony and support from my neighbors who were in agreement with the project. In fact, it would have really helped to have the neighbor to the south on record – she supported the project then flipped once the nimby-neighbor riled her up.

Ok, now for the funny part: Here’s the most colorful of the letters: Gaile’s Letter

What this means: According to the letter, the city has 28 days to publish their decision. The letter gives neighbors 21 days (June 15th) to provide written comments on the project. The city must make a ruling by June 19th. UPDATE: due to design changes and neighbor complaints, the process was put on hold. The new date for their ruling is now July 12th.

Click on the image for a full copy of the city’s letter (4mb PDF)

Here’s a helpful document that shows the city’s timeline: Land Use Review Timeline (PDF)

On Tuesday, Suzanne came by the house this week to look at the property and discuss the process. She gave us kudos for a thorough presentation, and suggested that I go into ADU consulting.

Her two concerns were the permeable pathway (wanted to make sure it wasn’t a driveway) and that construction may damage the laurel hedge. I’m not particularly concerned about the laurels, since they seem to be nearly indestructible.

Suzanne says she’ll be mailing out public input notices later this week (the 31st) and that she’ll let me know if there are any objections from the neighbors. All in all, it was a very positive meeting and I look forward to working with her. She seems very approachable.

Final Proposal (PDF) – 4 megabyte file.

Land Use Application Checklist

Land Use Review Application

Adjustment Approval Criteria

In the next post I’ll upload my approval criteria and supporting documents.

• Building design didn’t present any big red flags. We can present the split-roof design, though there is no guarantee we won’t get a planner that requires a standard gable-roof design. She suggests that we apply with what we WANT, and make adjustments as necessary.
• The main concern among group members was the relationship of the secondary building to the small size of the primary residence. It would be “better” if the ADU were smaller.
• One suggestion was to expand the size of the main house to decrease the amount of adjustment needed. We discussed creating additional living space by converting the garage.
• The placement of the ADU may be problematic. One solution would be to push it closer to the main house.
• She said to make sure we were happy with whatever design we submitted – we’re effectively stuck with whatever we propose. This differs somewhat from what Patrick reported previously.
• The proposal was impressive.

At the end of the day, Marguerite said it’s a coin toss – we could get a planner who signs off on it or we could get a planner who objects to the size/scale relationship. It’s a very subjective decision. Neighbor input could play heavily into this decision.

I asked Marguerite about the review process and how flexible the planners are. For example, can we make “compromises” as part of the process in order to get approval? She says that yes, that’s part of it. We might, for instance, offer to move the ADU further from the property line to mitigate privacy issues. And, there’s always the appeal process as a last resort (though this is NOT something I’m eager to embark on).

From here, I see our next steps being:

• Contacting neighbors about the process. If possible, get their support. Possibly in writing.
• Developing elevations to submit to the city of Land Use Review.

Preliminary Land Use Review Proposal

I used a local printer (Rhino Digital) in Portland to print and bind the proposal. They did a great job and did it in almost no time. The meeting at the city went well. Marguerite had a few suggestions:

• Show setbacks on the new site map
• Make it more obvious that the adjacent property is a multi-dwelling zone. The idea here is to show that my property would be a “transition” or “buffer” lot between the higher density R2 zone, and the single-dwelling R7 zone.
• Change the language on the accessory unit. Eliminate the name “garage” from all the plans and proposals.

Several key points seemed to resonate with her regarding my proposal including:

• Lot abutting the R2 zone
• Lack of development in adjacent lots (no privacy issues)
• Existing Landscaping

I left the proposal with Marguerite – she’s going to share it with the planners who meet each Thursday morning. The hope is that they can provide feedback as to what’s missing or how I can improve the proposal. In particular, I’m hoping they will approve the “shed roof” design that Patrick worked up below.



If this design is too “modern”, then we have a fallback design (though I feel the shed-roof is vastly superior and mitigates the building scale much more effectively):



]]> http://www.shawnbusse.com/private/houseblog/preliminary-land-use-review-meeting/feed 0 http://www.shawnbusse.com/private/houseblog/an-argument-for-a-larger-adu http://www.shawnbusse.com/private/houseblog/an-argument-for-a-larger-adu#comments Mon, 22 Jan 2007 08:13:18 +0000 Shawn http://www.shawnbusse.com/private/houseblog/?p=19 As part of the land use review process, the applicant must demonstrate that their zoning adjustment will meet or exceed the purpose of the zone (here’s the criteria: Adjustment Approval Criteria (PDF))

As part of this process, I am citing other properties in the neighborhood that either have a similar amount of building-to-land ratio or where the main structure is at or above the square footage of the new ADU. The general idea is to show that the new ADU, while bigger than the main house, is still in keeping with the scale of other buildings in the neighborhood (and won’t overshadow them). Here’s a list:

• 6019 NE Mason (952 Sq ft Main + 504 sq ft finished Attic + 378 sq ft garage + 840sq ft ADU + 78sq ft of covered porch). Lot size is smaller (8824 sq ft). This is a GREAT property to use for the argument. Zoning is identical and the house is less than 100yards from my property. Their lot size is smaller, yet there is more coverage than I would be proposing.
• 5948 NE Mason (1680 sq. ft. – immediately east of ADU property) This is an excellent comparison as the property is similar in size (12k) and the house is a two-story home. It’s the same zoning (R7)
• 5910 NE Mason (2000 Sq. Ft Main, 500 Sq Ft detached garage). Lot size is similar – 12k sq. ft. This house is currently under construction, and the lot is zoned R2 (multi residential)
• 6107 NE Failing St (1262 sq feet on main, 500 sq ft garage, 150 sq ft covered patio). Lot size is smaller (7200 sq ft).
• 6025 NE Failing (1598 Sq. Ft.) This two-story home is a good comparison for size, though the lot is rather large (20k sq. ft.).
• 6023 NE Failing (1324 Sq. Ft.) This house is not an excellent candidate for this argument, but it is the house directly behind our property and will be most affected by new construction.
]]> http://www.shawnbusse.com/private/houseblog/an-argument-for-a-larger-adu/feed 0 http://www.shawnbusse.com/private/houseblog/applying-for-an-adjustment-land-use-review http://www.shawnbusse.com/private/houseblog/applying-for-an-adjustment-land-use-review#comments Mon, 22 Jan 2007 07:28:39 +0000 Shawn http://www.shawnbusse.com/private/houseblog/?p=16 There are several steps to getting the city to accept designs that fall outside the zoning code. These steps are:
1. Review your basic idea with a city planner (free)
2. Determine what adjustments will be needed (free)
3. Work with a designer or architect to create a site plane, elevation drawings, utility plans, and landscape plans (cost TBD)
4. Submit an application for adjustment (cost varies. In the case of my ADU, the cost will be around $1200 for two adjustments)
5. Wait for the review process and public comment period. Click here for a PDF overview of the process: Land Use Review Timeline (PDF)

Here’s an example of an adjustment application: Sample Adjustment Application (PDF)

Because the review process is somewhat costly, and because you need drawings to submit your application (meaning Designer/Architect fees), it’s important you review the idea with a city planner before moving forward.

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