MIS1999-00029 Decision - WETTER/MCMULLEN L.L.A.
NOTICE OF TYPE I DECISION
`'URBAN SERVICE AREA"
LOT LINE ADJUSTMENT {MIS} 1999-00029 Community De elopment
WETTERIMCMULLEN LOT LINE ADJUSTMENT Shaping A Better
Community
120 DAYS = 2/1012000
SECTION 1. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: WETTERIMCMULLEN LOT LINE ADJUSTMENT
CASE NO: Lot me Adjustment MIS1999-00029
PROPOSAL: The owners of record of the subject property request Lot Line
Adjustment permission to adjust two parcels of 147,232 square feet and
85,813 square feet into two (2) parcels of 65,340 square feet and
167,705 square feet.
APPLICANT: Dick Bancroft
140 NE Third Avenue
Hillsboro, OR 97124
OWNER
PARCEL 1: Dou las Weger
1056 NE 25'~ Avenue, Suite C
Hillsboro, OR 97124
OWNER
PARCEL 2: David McMullen
12975 SW Beef Bend Road
Tigard, OR 97224
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: 12975 SW Beef Bend Road; WCTM 2S109DD
Tax Lot 00501.
COMPREHENSIVE
DESIGNATION: R-7; Medium Density Residential.
ZONING
DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Sgcare 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
APPLICABLE for medium density residential developments.
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 OFTYPE I DECISION MIS1999-00029 - WETTEr21MCMULLEN LOT LINE ADJUSTMENT PAGE 1 Oti=4
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
MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT:603-639-41 71.
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.
THIS APPROVAL SHALL BE VALID FOR 18r MONTHS
FROM THE EFFECTIVE DATE of THIS DECISION.,
. SECTION III. BACKGROUND INFORMATION
Site Information:
There are existing homes on Tax Lot 421 and 501. There are no associated wetlands or
floodplains. The adjustment will create a new lot line for Tax Lot 501 that will substantially
add to the lot°s existing acreage.
Proposal Description:
A Lot Line Adjustment was approved previously for the adjustment between Tax Lot 421
and 422 (MIS1999-00028). As a result of MIS1999-00028 approval, Tax Lot 421
(Parcel A) was increased by 1.38 acres, giving it a total acreage of 8.38. The proposed
Lot Line Adjustment (MIS1999-00029) will adjust the common boundary line between Tax
Lot 421 and 501 (Parcel B) so that the northerly 1.41 acres of Tax Lot 421 would be
transferred to Tax Lot 501, thus increasing Parcel B from 1.97 acres to 3.85 acres. Tax
Lot 421 would then be reduced from 3.38 acres to 1.50 acres after the adjustment.
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 zoning 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: 157,706 square feet respectively) after the proposed Lot Line
Adjustment. Therefore, this standard is satisfied.
NOTICE OF TYPE I DECISION MIS1999-00029 - wE7TERIMCMULLEN LOT LINE ADJUSTMENT PAGE 2 OF4
By reducing the lot size, the lot or structuros(s) on the lot will not be in violation of
the site development or zoning district regulations for that district;
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
STANDARD R-7' Parcel A Parcel 6
Minimum Lot Size
- Detached unit 5,000 sq. ft. 65,340 sq. ft. 167,706 sq. ft.
- Duplexes 10,000 sq. ft.
-Attached unit [1] 5,000 sq. ft.
Average Minimum Lot Width
- detached unit lots 50 ft. 295 ft. <50 ft.
- Duplex lots 50 ft.
- Attached unit lots 40 ft.
Maximum Lot coverage 80% N/A N/A
Minimum Setbacks
- Front yard 15ft. 100 ft. <15 ft.
- Side facing street on
corner & through lots 10 fit. N/A N/A
- Side yard 5 ft. 55 ft. {5 ft.
- Rear yard 15 ft. 70 ft. N/A
- Side or rear yard abutting more
restrictive zoning district 30 ft. N/A N/A
- Distance between property line
and front of garage 20 ft. N/A N/A
Maximum Height 35 ft. N/A N/A
Minimum Landscape Requirement 20/4 N/A N/A
[1] single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping.
l21 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 BB, adding acreage will only increase setbacks for
existing buildings.
The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
e 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;
o 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
o 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 units on bath parcels were approved by Washington County, neither lot is a
flag lot and both parcels have frontage on SW Beef Bend Read exceeding 15 feet.
Therefore, this criterion is met.
With regard to flag lots:
NOTICE OF TYPE I DECISION MIS1999-00029 - WETTER/MCMULLEN LIT LINE ADJUSTMENT PAGE 3 OF4
i
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 Ise located so as to maximize separation from existing structures.
e A screen shalt be provided along the property line of a lot of record where the
paved drive in an access way is locate within ten feat 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 ma 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 roads, therefore, 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 Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
ALot Line T\Ujustment is a Type I procedure. As such, the Director's decision is final on
the date it is mailed or othe6kise 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 I FINAL ON NOVEMBER 4,1999 AND BECOMES
EFFECTIVE ON NOVEMBER 5,1999.
A
Questions.
It you have any cuestions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503)T39-4171.
. November 4 1999
PREPA Y erDATE
Assistant Planner
November 4 1999
APPROVED BY. Richard Bewers orff DATE
Planning Manager
i.1cu rp I n\Mathew\misimis 1999-00029
NOTICE of TYPE I DECISION MIS1999-00029 - WETCEFt/MCMULLEN LOT LINE ADJUSTMENT PAGE 4 OF4
4
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WASHINGTON COUNTY, OREGON
R. E. BANCROFT d ASSOCIATES, INC. Scala: 1'40* SEPTEMBER 7, 1999
CIVIL ENGINEERS - LAND SURVEYORS PLANNERS
F-- 140 N.E. 3rd Ave., Hillsboro, Oregon 87124
Q 646-4101 "URBAN SERVICE AREA"
MIS1999-00029
WETTERIMCMULLEN LOT LINE ADJUSTMENT
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