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Council reviews package of code amendments on appeals, extensions, home occupations and land divisions
Summary
Councilors discussed a code amendment package intended to clarify appeals, limit extensions of approvals, tighten home‑occupation rules and add definitions and staff authorities for expedited and middle‑housing land divisions. Staff scheduled a public hearing for Dec. 9 and offered a Nov. 18 joint work session.
City staff presented a package of community‑development code amendments at the Nov. 4 West Linn work session to clarify processes for appeals, extensions of approvals, home‑occupation permits and expedited/middle‑housing land divisions.
Staff said the Planning Commission reviewed the proposals through multiple work sessions and public hearings this year and recommended the council adopt the package. "The planning commission met and discussed these 4 topics 5 times, throughout spring and summer," staff said, summarizing the commission’s review. Staff also attached a draft ordinance and the Planning Commission recommendation memo to the work session packet.
On appeals, staff said current code does not require appellants to identify the specific code criteria they claim were misapplied, which has caused delay and makes hearings less equitable. The Planning Commission recommended retaining the city’s de novo hearing process but requiring appellants to identify the code criteria they assert are misapplied in their appeal application. Staff said they will review subsection language with the city attorney to improve clarity.
On extensions of approval, staff described uncertainty in current code and an allowance for unlimited extensions. The Planning Commission recommended requiring that extension applications be filed and approved prior to the three‑year expiration of an original approval, limit extensions to one two‑year extension, and allow staff‑level administrative approval for extensions with no modifications.
For home occupations, the Planning Commission recommended clearer, more objective language that would prohibit business activity (including storage) outdoors and adjust vehicle‑trip counting for businesses with pupils and students. The commission recommended increasing the vehicle‑trip allowance for pupil/student businesses from the current eight trips to 12 trips per day and clarified how a trip is counted in that context.
Staff also proposed adding statutory definitions for middle housing and middle‑housing land divisions, making expedited and middle‑housing land divisions staff‑level decisions, adding submittal requirements and approval criteria, and creating a referee to hear appeals for these staff decisions to comply with state statutes.
Staff said the public hearing on the code amendment package is scheduled for Dec. 9, 2024, and staff offered an additional work session on Nov. 18 if the council wants further discussion. No formal action was taken at the Nov. 4 work session.
