MIS1998-00017 Decision - DAVIS/SMITH LLA
"URBAN SERVICE AREA"
NOTICE OF DECISION r'.
LOT LINE ADJUSTMENT [MIS) 98-0017 Community 0everapment
OAVISPSMITN LOT LINE ADJUSTMENT SFatpang,ABetter cbmmunt'ty
120 DAYS =12118198
SECTION 1. APPLICATION SUMMARY
CANE: FILE NAME: DAVISISMITH LOT LINE ADJUSTMENT
Lot Line Adjustment MIS 98-0017
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the
common property line between Tax Lot 08300 on WCTM 2SI09BDO and
Tax Lot 00409 on WCTM 2S109DO for a total property transfer of 2,697
square feet in favor of Tax Lot 08300.
APPLICANT: Wayne K. Davis
1498E SW Scarlett Drive
Tigard, OR 97224
OWNERS
PARCEL 1: Cayla Dawn Smith
14985 SW 133rd Avenue
Tigard, OR 97224
OWNER
PARCEL 2: Wayne K. & Frieda E. Davis
14986 SW Scarlett Drive
Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATION: Single-Family Medium Density Residential - 5,000 Square Feet Attached
Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to
establish sites for single-family detached.and attached units for medium
density residential developments.
LOCATION: Parcel 1: 14985 SW 133rd Avenue; WCTM 2S109D0, Tax Lot 00409.
Parcel 2: 14986 SW SCarlett Drive, WCTM 2S1 0913D, Tax Lot 08300.
The subject parcels are located north of SW Beef Bend Road, west of
SW 133rd Avenue and East of 5W Scarltt Drive. Both properties are
located in the Tigard Transfer Area (unincorporated).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.32, 18.52 and 18.162.
SECTION If. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee
has APPROVED the above request subject to certain conditions of approval.
The findings and conclusions on which the decision is based are noted in Section IV.
NOTICE OF DECISION/URBAN SERVICE AREA MIS 98-0017 - DAVISJSMITH LOT LINE ADJUSTMENT PAGE 1 OF 5
CONDITION OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING
CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT
SHALL. BE BRIAN RACER IN THE ENGINEERING DEPARTMENT (503) 639-4171.
1. A Lot Line Adjustment survey map and legal descriptions showing the existing and proposed
lot lines shall be reviewed and approved by the Engineering Department. The survey map
shall include all access and utility easements.
THIS APPROVAL. SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information;
The properties are located north of SW Beef Bend Road, between SW Scarlett Drive and
SW 133rd Avenue. Both parcels are unincorporated but fall within the City of Tigard's
jurisdiction for land use planning. Tax Lot 00409, the easterly property, contains approximately
65,775 square feet. Tax Lot 08300, to the west, contains approximately 12,525 square 'feet.
Proposal Description:
The applicant proposes to adjust the common property line between the subject parcels to
increase the lot area of Tax Lot 08300. The adjustment will move the rear (east) property line
20 feet to the east, parallel to its current location, increasing the size of Tax Lot 08300's rear
yard.
The proposed adjustment will transfer approximately 2,697 square feet from Tax Lot 00409 to
Tax Lot 08300. Final lot areas after the proposed adjustment would be approximately 63,075
square feet (Tax Lot 00409) and approximately 15, 225 square feet (Tax Lot 08300).
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL STANDARDS-, Section 18.162.060 contains the
following standards for approval of a Lot Line Adjustment request:
An additional parcel is not created by the Lot Line Adjustment, and the existing parcel
reduced in size by the adjustment is not reduced below the minimum lot size established by
the zoning district; The applicant's plan shows that the proposed lot line adjustment will not
create an additional parcel. The subject properties are located in the R-7 zoning district which has
a minimum lot size requirement of 5,000 square feet (18.52.050). Both lots are currently larger than
the minimum lot size allowed in the zone. Tax Lot 00409 will be smaller after the adjustment but
still over 63,000 square feet in size, much larger than the minimum lot size in the underlying zone.
Therefore, this criterion is satisfied.
By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site
development or zoning district regulations for that district; Tax Lot 00409 will be smaller after
adjustment of the rear property line but the dwelling and accessory structure will still conform with
the minimum yard setback standard of the R-7 zoning district. Therefore, this criterion is met.
NOTICE OF DECISION/URBAN SERVICE AREA, MIS 98-0017 - DAVIS13 %1ITH LOT LINE ADJUSTMENT PAGE 2 OF 5
The resulting parcels are in conformity with the dimensional standards of the zoning district.
Tax Lot 00409 (63,075 square feet) and Tax Lot 08300 (15,225 square feet) would both exceed
the 5,000 square foot minimum lot size of the R-7 zone after the proposed adjustment. Both
parcels also exceed the 50-foot average minimum lot width requirement of the R-7 zone.
Therefore, this criterion is satisfied;
SPECIAL PROVISIONS FOR LOTS CREATED THROUGH PARTITION PROCESS: Section
18.162.060.13 states that in addition to meeting the above standards, a Lot Line Adjustment
must also meet the following criteria applicable to lots created through the Mincer Land
Partition process:
Lot Width: The minimum width of the building envelope area shall meet the lot requirement
of the applicable zoning district. Both parcels are currently developed in conformance with the
underlying zoning district and the proposed lot line adjustment will not affect lot width.
Therefore, this criterion does not apply.
Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a
flag lot, the accessway may not be included in the tot area calculation. Neither of the subject
parcels are flag lots and both exceed the lot area requirements of the underlying R-7 zoning
district. Therefore, this criterion is met.
Lot Frontage: Each lot created through the partition process shall front a public right-of-
way by at least 15 feet, or have legally recorded minimum 15-foot wide access easement.
The proposed lot line adjustment will not affect the amount of frontage either lot has onto a public
street. Therefore, this criterion does not apply.
Setbacks: Setbacks shall be as required by the applicable zoning district. Adjustment of the
rear properly line between the two properties will increase the rear yard of Tax Lot 08300 to
almost forty feet, exceeding the rear yard setback of the underlying zone. The rear yard of Tax
Lot 00409 will be reduced, but, at approximately 150 feet to the nearest structure, will remain in
compliance with the R-7 zoning district. Therefore, this criterion has been met.
Front `lard determination for Flag Lot: When the partitioned lot is a flag lot, the developer
may determine the location of the front yard, provided that no side yard is less than 10 feet.
Structures shall generally be located so as to maximize separation from existing structures.
Neither lot is a flag lot. Therefore, this criterion does not apply.
Screening on Flag Lots: A screen shall be provided along the property line of a lot of record
where the paved drive in an accessway is located within ten feet of an abutting lot in
accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to
maintain privacy for abutting lots and to provide usable outdoor recreation areas for
proposed development. Neither lot is a flag lot. Therefore, this criterion does not apply.
Fire Protection: The fire district may require the installation of a fire hydrant where the
length of an accessway would have a detrimental effect on fire fighting capabilities. The
proposed lot line adjustment will affect the rear property line only of both parcels and will not
change the length of either lot's accessway. Therefore, this criterion does not apply.
Reciprocal Easements: Where a common drive is to be provided to serve more than one (1)
lot, a reciprocal easement which will ensure access and maintenance rights shall be
recorded with the approved partition map. Both lots are developed and gain access from
separate streets (SW Scarlett Drive and SW 133rd Avenue). Therefore, this criterion dues not
apply.
NOTICE OF DECISIONIURBAN SERVICE AREA MIS 9MO17 - DAVISISMITH LOT LINE ADJUSTMENT PAGE 3 OF 5
Accessway Any accessway shall comply with the standards set forth in Chapter 18.108;
Access, Egress, and Circulation:. As noted above, this proposal will not alter the accessways
to the subject parcels. Therefore, this criterion does not apply.
Floodpllain: Where landfill and/or development is allowed within or adjacent to the one-
hundred-year floodplain, the City shall require the dedication of sufficient open land area for
gre+enway adjoining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan. The subject properties are not
located within or adjacent to the 100-year floodplain. Therefore, this criterion does not apply.
SECTION V. OTHER STAFF COMMENT
The Engineering Department will complete a detailed review of the submitted Lot Line
Adjustment map and legal descriptions prior to recording of the Lot Line Adjustment.
SECTION VI. AGENCY COMMENTS
Service providing utilities will have the opportunity to review the proposal and decision within the
10-day appeal period and may request reconsideration of the decision if it may adversely affect
the utilities' or fire district's abilities to provide service to the subject properties or the
neighboring properties.
SECTION VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
Owner of record within the required distance
X Affected government agencies
Final Decision:
DATE OF FILING. AUGUST 27, 1998
THE DECISION SHALL BE FINAL ON SEPTEMBER 8, 1998,
UNLESS AN APPEAL IS FILED.
Appeal:
Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and
Section 18.32.370 of the Community Development Code that provides that a written appeal
must be filed with the City Recorder within ten (10) days after notice is given and sent. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING OF AN APPEAL IS TUESDAY, SEPTEMBER 8, 1998.
i
NOTICE OF DECISIONIURBAN SERVICE AREA MIS 98-0017 - DAVIS/SMITH LOT LINE ADJUSTMENT PAGE 4 OF 5
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 539-4171.
August 27, 1998
PREPARED B'Y: M. J. Roberts DATE
Associate Planner
August 27. 1998
APPROVED BY: ichard Bewersdorff
DATE
Planning Manager
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