MIS2001-00015 Decision - BETTINELLI LLA
NOTICE OF TYPE' I DECISION _ ~fi1
"URBAN SERVICE AREA" f
LOT LINE ADJUSTMENT MIS 2001- 00015 CI,, f vel
Corrurrrtrirrio}-Crrptnent
BETTINELLI LOT LINE ADJUSTMENT Sti,7piir~ 1 <~3ctterCorntnr~nit~,
120 DAYS = 10/18/01
SECTION 1, APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE DAME: BETTINELLI LOT LINE ADJUSTMENT
CASE NO.: of Line A Iustment M 20(1 -(1I-0 5
PROPOSAL: The applicant is proposing to adiust one (1P roperty line, which will
revs n. ure two (2) different lots. Parcel #1 o. 8 acres will become .35
acres. Parcel #2 of .40 acres will become .43 acres.
APPLICANT: Jeff and Christy Bettinelli
14615 SW Juliet Terrace
Tigard, OR 97224
OWNER OWNER
PARCEL 1: Same as above PARCEL 2: Same as above
LOCATIONS: PARCEL 1: WCTM 2S108BD,Tax Lot 06100 (14615 SW Juliet
Terrace) (.38 acres).
PARCEL 2: WCTM 2S108BD,Tax Lot 07200 (14607 SW Juliet
Terrace) (.40 acres).
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is
designed to accommodate attached single-f6milyhomes, detached
single-family homes with or without accessory residential units, at a
minimum lot size of 5,000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivisions are
also permitted,. outright. Some civic and institutional uses are also
permitted contionally.
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 PAGE 1 OF 4
MIS2001-00015-BETTINELLI LOT LIME ADJUSTMENT
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
BRAD KILBY IN THE PLANNING DIVISION AT 503-639-4171.
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 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
Both parcels are located on the West Side SUIT Juliet Terrace. An existing single family
home is located on Parcel #1, and is to remain. A search of City records indicate that
WCTM 2S18BD,Tax Lot 07200 was created as a result of the Sullivan MLP97-0012. City
records show no other land use cases associated with either parcel.
Proposal Description.
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2)
different lots. Parcel #1 of .38 acres will become .35 acres. Parcel #2 of .40 acres will
become .43 acres.
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 loft 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. The R-7 zone has a minimum lot size of 7,500
square feet. Parcel #1 will be 14,952 SF, and Parcel # will be 18,580 SF, 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;
By reducing the lot size of Parcel #1, the existing single family home will not be negatively
affected, and the building will still conform to the zoning district regulations. All structures
will continue to meet required setback standards. There are no structures on lot #2.
NOTICE OF TYPE I DECISION PACE 2 OF d a
MIS2001-00015 -SETTINELLI LOT LINE ADJUSTMENT j
The resulting parcels are in conformance with the dimensional standards of the
zoning district, including,
+ 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.
The existing buildings as well as the new lots continue to meet the setbacks and all
dimensional requirements of the R-7 zone.
With regard to flag lots:
+ 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.
+ A screen shall be provided along the property line of a lot of record where the
paved drive in an access way is located within ten 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.
There are no flag lots associated with this application. 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.
There is no new access associated with this Lot Line Adjustment. 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.
No common driveway is associated with this application. Therefore, this standard does not
apply.
Any access way shall comply with the standards set forth in Chapter 18.705;
Access, Egress, and Circulation.
There are no access ways affected by this application. Therefore, this standard does not
apply.
Exemptions from dedications:
A lot line adjustment is not considered a development action for purposes of
determining whether floodplain, greenway, or right-of-way dedication is required.
Floodplain, greenway and right-of-way is not required as part of this application. Therefore,
this standard does not apply.
Variances to development standards.
An application for a variance to the standards prescribed in this chapter shall be
made in accordance with Chapter 18.370, Variances and Adjustments.
NOTICE of TYPE i DECISION PAGE 3 OF A
MIS2001-00015 --BE`ITINELLI LOT LINE ADJUSTMENT
i
The applicant has not requested a variance or an adjustment with this application.
FINDING: eased on the analysis above, Staff finds that the Lot Dine Adjustment criteria
have been met.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was pasted at City Hall and mailed to:
X The applicant and owners
Affected government agencies
Final Decision.
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 ON JUNE 22, 2001,
AND BECOMES EFFECTIVE ON JUNE 23, 2001.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13126 SW Hall Boulevard, Tigard, Oregon at (603) 639-4171.
xt~ June 22, 2001
PREPARED BY: Brad Kilby DATE
Associate Planner
y
t
June _22,_2001
APPROVED BY`. Richard Be er orff DATE
Planning Manager
NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2001-00015-SETTINELLI LOT LINE ADJUSTMENT
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