Problem houses

City issues stop-work orders on three houses that intrude onto right of way

By Kara Hansen

The West Linn Tidings, Feb 26, 2009, Updated Oct 30, 2009 (2 Reader comments)

VERN UYETAKE / West Linn Tidings

A stop-work order is posted on a D.R. Horton Parker Crest house.

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The city of West Linn has posted stop-work orders on three houses under construction out of concern the builders breached setback requirements and intruded on the public right of way.

Officials also pointed out issues with one house already completed and occupied in the D.R. Horton Parker Crest subdivision.

“Their structures are encroaching into the front setback,” acting Planning Director Chris Kerr said. “It appears they made a mistake.”

Located south of Parker Road and east of the Tanner Creek skate park, the 31-unit residential development won city approval in 2005, Kerr said.

The lots in question are all on Winkel Way, a road so new it appears on few maps.

City code outlines building standards. In Parker Crest’s case, Kerr said houses should be set back at least 20 feet from the front lot line.

“In this case, it’s very clear,” he said. “They’re encroaching into it.”

Assistant to the city manager Kirsten Wyatt said the developer now has two choices: to move the houses or to apply for a variance to city code.

She wasn’t sure whether the city would impose fines for any violations.

“At this juncture, we’re looking at it as the city did our part, we did the plan review, we did the markup; now it’s their problem to fix,” she said. “We will work with them to find that solution or whatever they choose to pursue.”

D.R. Horton’s attorney Michael Robinson of Perkins Coie law firm in Portland said he could not discuss client matters. A project manager for D.R. Horton did not return calls to comment.

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