MIS1999-00028 Decision - WETTER L.L. ADJ. #2
NOTICE OF TYPE I DECISION
"URBAN SERVICE AREA
91TY OF LOT LINE ADJUSTMENT (MIS) '1999-00028 Community ty ty Dev Deva°
e3oprttent
WETTER LOT LINE ADJUSTMENT #i*2 Shaping A Better
Co pnl t.Y
120 DAYS = 211012000
SECTION 1. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: WETTER LOT LINE ADJUSTMENT #2
CASE NO: Lot Line Adjustment MIS1999-00028
PROPOSAL: The owners of record of the subject property request lot line adjustment
permission to adjust two parcels of 125,452 square feet and 87,120
square feet into two parcels 65,840 square feet and 147,232 square
feet.
APPLICANT: Dick Bancroft
140 NE Third Avenue
Hillsboro, OR 97124
OWNER
PARCEL 1 & 2: Douglas Wetter
1055 NE 251' Avenue, Suite C
Hillsboro, OR 97124
LOCATIONS: The lots are located at the northeast corner of the intersection of SW
Beef Bend Road and SW 133rd Avenue.
PARCEL 1: 13055 SW Beef Bend Road; WCTM 2S109DO
Tax Lot 00421.
PARCEL. 2: 13055 SW Beef Bend Road; WCTM 2S109DO
Tax Lot 00422.
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Medium Density Residential.
ZONING
DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Square Feet
Attached Per Unit, 7 Units Per Acre. The purpose of the R-7 zoning
district is to establish sites for single-family detached and attached units
for medium density residential developments.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION 11. 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 TYPE I DECISION MIS 9999-00028 -WETTER LOT LINE ADJUSTMENT #2 PAGE 9 oF4
CONDITION OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION
SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACTSHALL BE
MATHEW SCHEiDEGGER IN THE PLANNING DIVISION AT 5013®639-41711.
1. Prior to recording, 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.
VAL. SHALL BE VALIDPt3R 18 MONTHS
THIS
THE APPROVAL DATE OF
THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
These residential lots were created as part of the Woodside No. 2 Subdivision. The Lot
Line Adjustment request involves Lots 15 and 16 of the Woodside No. 2 Subdivision.
Proposed Parcel B will contain the existing single-family dwelling and incorporate the
tennis court.
Proposal Description:
The proposed Lot Line Adjustment would relocate the common property line between the
two existing lots so that the tennis court would be located on the same parcel as the
existing residence. This adjustment would increase Tax Lot 421 from 2.88 acres to 3.38
acres (Parcel B) and decrease Tax Lot 422 from 2.0 acres to 1.50 acres (Parcel A).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the
following standards for approval of a Lot Line Adjustment request:
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny
a request for a lot line adjustment in writing based on findings that the following
criteria are satisfied:
An additional parcel is not created by the lot line adjustment, and the existing parcel
reduced in size by the adjustments is not reduced below the minimum lot size
established by the zoning district;
No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will
remain after the proposed adjustment. Tigard Community Development Code Table
18.510.2 indicates that the underlying R-7 zone has a 5,000 square foot minimum lot size.
The lots exceed the minimum lot size and will continue to exceed it (Parcel A: 65,340; and
Parcel B: 147,233 square feet respectively) after the proposed Lot Line Adjustment.
Therefore, this standard is satisfied.
By reducing the lot size, the lot or structures(s) on the lot will not be in violation of
the site development or zoning district regulations for that district;
NOTICE OF TYPE I DECISION MIS 1999-00028 - WETTER LOT LINE ADJUSTMENT #2 PAGE 2 OF4
The proposed Lot Line Adjustment would increase the size of Parcel B and decrease the
size of Parcel A. This standard, therefore, applies only to Parcel A. The Table below
summarizes the dimensional standards of the R-7 zone relative to the proposal:
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Proposed
R-7 Parcel A Parcel B
STANDARD
Minimum Lot Size
Detached unit 5,000 sq. ft. 55,340 sq. ft. 147,232 sq. ft.
- Duplexes 10,000 sq. ft.
- Attached unit [1I 5,000 sq. ft.
Average Minimum Lot Width
- Detached unit lots 50 ft. 510 fL 290 fit,.
- Duplex 101s 50 ft,
- Attached unit lots 40 ft.
Maximum trot cave; age 80% NIA NIA
Minimum Setbacks
- Front yard 15ft, NIA 100 ft.
- Side facing street on
corner & through lots 10 ft. N/A, NIA
- Side yard 5 ft. N/A 150 ft,
- Rear yard 15 ft N/A 275 ft.
Side or rear yard abutting more
restrictive zoning district 30 ft. NIA N/A
- distance between property line
and front of garage 20 ft, N/A N/A
Maximum sleight 35 ft, N/A NIA
Minimum Landscape Requirement 20% NIP, NIA
[1] Single-family attached residential units permitted at one awelling per lot with no more than five attached units in one grouping.
[21 Lot coverage includes all buildings and impervious surfaces.
The data above indicates that all applicable dimensional standards will be met. The
setback standards do not apply to Parcel A as no building exists or is proposed at this
time.
The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
a The minimum width of the building envelope area shall meet the lot requirement
of the applicable zoning district;
+ The lot area shall be as required by the applicable zoning district. In the case of
a flag lot, the access way may not be included in the lot area calculation;
Each lot created through the partition process shall front a public right-of-way by
at least 15 feet or have a legally recorded minimum 15-foot wide access
easement; and
• Setbacks shall be as required by the applicable zoning district.
All dimensional standards either meet or exceed standards set for the R-7 zoning district.
The Dwelling unit and the tennis court on Parcel B were approved by Washington County,
neither lot is a flag lot and bath parcels have frontage on SW Beef Bend Read exceeding
15 feet. Therefore, this criterion is met.
With regard to flag lots:
a 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 k~e located so as to maximize separation from existing structures.
NOTICE OF TYPE I DECISION MIS 1999-00028 -WETTER LOT LINE ADJUSTMENT #2 PAGE 3 OF4
o A screen shaft be provided along the property line of a lot of record where the
paved drive in an access way is locate within 90 feet of an abutting lot in
accordance with Section 18.745.040. Screening may also be required to maintain
privacy for abutting lots and to provide usable outdoor recreation areas for
proposed development.
Neither lot will be a flag lot, therefore, this standard does not apply.
The fire district may require the installation of a fire hydrant where the length of an
access way would have a detrimental effect on fire-fighting capabilities.
The fire district approved the previous access for these lots and since both parcels have
access on improved reads, this standard does not apply.
Where a common drive is to be provided to serve more than one lot, a reciprocal
easement which will ensure access and maintenance rights shall be recorded with
the approved partition map.
Both lots have access to paved roads, therefore, this standard is met.
Any access way shall comply with the standards set forth in Chapter 18.705:
Access, Egress, and !Circulation.
Both lots have direct access to paved roads, therefore, this standard does not apply.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Nall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:.
TLoe Justment is a Type I procedure. As such, the Director's decision is final on
the date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON NOVEMBER 4, 1999 AND BECOMES
EFFECTIVE ON NOVEMBER 5, 1999. Questions-If you have an uestions, please call the City of Tigard Planning Division, Tigard City Nall,
13'125 SW Na(I Boulevard, Tigard, Oregon at (503) 639-4171.
/ t November 4, 1999
PREPARED atl~ chei dger DATE
Assistant Planner
November 4, 1999
APPROVED BY: Richard BewersdorFf DATE
Planning Manager
i:lcurpln\Mathewtmislmis 1999-00028.dec.dot
NOTICE OF TYPE 1 DECISION MIS 1999-00428 -WETTER LOT LINE ADJUSTMENT #2 PAGE 4 OFd
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PROPOSED LOT LINE ADJUSTMENT
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WASHINGTON COUNTY, OREGON
R. E. BANCROFT 4 ASSOCIATES. INC.
CIVIL ENG)NEERS - LAND SURVEYORS - PLANNERS Sr°~f: I"•50' SEPTEMBER 7, 1999
I 140' N.E. 3rd Avo, 14114brrro, Oregon 97124
CC 648-4101 "URBAN SERVICE AREA"
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MIS1999-00028
WETTER LOT LINE ADJUSTMENT #2
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NOTICE OF TYPE I DECISION
SETBACK ADJUSTMENT [MIS) 1999-00028 CITY OFTtGARD
Si.EY SETBACK ADJUSTMENT Develop .i
L3evelopment
Shaping A Better
1 20 DAYS = 1/14/2000
SECTION 1. APPLICATION SUMMARY
FILE NAME: EASLEY SETBACK ADJUSTMENT
CASE NO: Setback Adjustment MIS1999-00
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the minimum rear setback. The adjustment is requested to
allow a maintenance building within the required rear yard setback.
APPLICANT: John Easley OWNER: Same
12923 SW Walnut Street
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or
without accessory residential units at a minimum lot size of 7,500
square feet.
LOCATION: 12923 SW Walnut Street; WCTM 2S104AD; Tax Lot 04800.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION [I. DECISION
Notice is hereby given that the City of Tigard Community Development Director's
designee has. APPROVED the above request. The findings and conclusions on
which the decision is based are rioted in Section IV of this decision.
NOTICE OF TYPE I DECISION MIS1999-000 , -EASLEY SETBACK ADJUSTMENT PAGE 1 OF 3
a~' r i
SECTION 111. BACKGROUND INFORMATION
Site History: t
A Minor Land Partition was issued in 1996 splitting one (1) lot into two (2) separate
parcels. A Variance was also issued for exceeding the maximum lot depth to width ratio.
Vicinity Information:
The property is located north of SW Walnut Street between SW 128th Avenue and SW
129th Avenue, and south of SW Katherine Street.
Site Information and Proposal Description:
The subject property has frontage on SW 129"' Avenue. The future pole building that the
applicant is requesting the Adjustment for will be located approximately 32 feet from the
existing house and connected to the primary structure with a 3-foot-wide covered
breezeway. Because the future pole building is connected to the house with a covered
breezeway, the structure becomes park of the primary dwelling and is exempt from the
accessory structure standards.
SECTION IV. APPLICABLE REVIEW CRITERIA, AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020:B.1.a
provides that up to a 25% reduction of the dimensional standards for the front yard
setbacks required in the base zone may be approved as a Type I Development
Adjustment. Section 18.370.020.8.2, Approval Criteria, provides that a development
adjustment shall be granted if there is a demonstration of compliance with all of the
applicable standards
A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested the full 25% reduction. This would reduce the rear yard
setback from 15 feet to 11 feet, 3 inches. The "desired effect" is to have the maintenance
building placed as near to the rear property line as possible do to physical restraints (heart
problems).
The adjustment will result in the preservation of trees, if trees are present in the
development area,
No trees are impacted by the proposal. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site'and
The adjustment will affect the rear yard setback only. Emergency access from the public
street fronting the property will not be affected. Therefore, this criterion is satisfied.
NOTICE OF TYPE C DECISION MIS1999-00026 -EA LEY SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
As noted above, the desired effect is was to have the maintenance building placed as near
to the rear property line as possible do to physical restraints of the applicant (heart
problems). There is no alternative to the proposed adjustment. The proposed adjustment
is, therefore, the only reasonable alternative that achieves the desired effect and this
criterion is met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. The
Director's decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL AS OF SEPTEMBER 20, 1999.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE SEPTEMBER, 21, 1999.
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) 639-4171.
- September 20, 1999
PREPAR D a` hew Scl er DATE
Assistant Planner
September 20, 1999
APPROVED BY: Richard Bewers DATE
Planning Manager
6curp1n\Mathewlm1s 9 999-00028.dee
NOTICE OF TYPE I DECISION MIS1999-O00?9- EASLEY SETBACK ADJUSTMENT PAGE 3 OF 3
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