MIS2001-00022 Decision - STARK/ERVIN LOT LINE ADJ
NOTICE OF TYPE I DECISION
LOT LINE ADJUSTMENT (CIS) 2001.00022
GiTY OF TIGARD
STARKIERVIN LOT LINE ADJUSTMENT columuuity 1)c1'rf)PMe11t
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SECTION 1. APPLICATION SUMMARY
FILE NAME: STARWERVI LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) IS111S2001--40022
PROPOSAL: The applicant is roppusing to adjust one (1 roperty line, which will
reconfigure two (2 d&,(e'rent lots. Parcel #1 of}.47 acres will become .35
acres. Parcel #2 of .68 acres will become .80 acres.
APPLICANT: John Stark and Kim Ervin
PO Box 23215
Portland, OR 97261-3215
OWNER OWNER
PARCEL 1: John Stark and Kim Ervin PARCEL 2: Same
11385 SW Fonner St
Tigard, OR 97223
LOCATIONS: PARCEL 1: WCTM 2S103AC,Tax Lot 01200 (11385 SW Fonner Street)
(.47 acres)
PARCEL 2: WCTM 2S103AC,Tax Lot 00900 (No Address)
(.68 acres)
COMPREHENSIVE
PLAT
DESIGNATION: Low Density Residential.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. 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.
Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.399, 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 5
MI82001-40022 - STARKIERVIN LOT LINE ADJUSTMENT
CONDITION OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING
CONDITION SHALL BE SATISFIED: FINLESS OTHERWISE NOTED, THE STAFF
CONTACT SHALL BE JODI BUCHANAN IN THE PLANNING DIVISION AT 503-630-4171.
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.
2. The applicant will supply proof that the utility/access easement has been recorded.
3. Submit a plan showing that access to the flag lot will be screened from adjacent lots
with either a vegetative hedge or a solid fence.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DANE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located on the north side of Fonner Street. Parcel 2 has a wetland that
covers the north half of the existing tax lot. Parcel #1 is developed with a single-family home
and detached garage which are to remain. The detached garage has a side yard setback of
.75 feet, making the garage nonconforming. This lot line adjustment does not affect the
nonconformance of the detached garage. A search of City records found no other land use
records on file.
Proposal Description:
The appiicant is propposing to adJ'ust one (I) property line, which will reconfigure two (2) different
lots. PParcel #1 of acres will become .3 acres. Parcel #2 of .68 acres will become .80
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 i 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. The R-4.5 zone has a minimum lot size requirement
of 7,500 square feet. Parcel I will change from 20,500 square feet to 15,200 square feet.
Parcel 2 will change from 23,500 square feet to 34,800 square feet. Neither parcel will be
under 7,500 square feet. Therefore, this standard is satisfied.
s
NOTICE OF TYPE I RECISION PAGE 2 OF 5
MIS200"0022 - STARKIERVIN LOT LINE ADJUSTMENT
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;
Reducing the size of the smaller lot and increasing the size of the larger lot will not cause a
violation of the site development or zoning district regulations. Please see the discussion
under the next standard.
The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
s The minimum width of the building envelope area shall meet the lot requirement of
the applicable zoning district,
s 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;
e 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 buildings on Parcel 1 are both pre-existing, therefore, they meet all building envelope
area requirements. The lot area for Parcel 1 will change from 20,500 square feet to 15,200
square feet. Parcel will change from 29,500 square feet to 34,800 square feet. Neither
parcel will be udder 7,500 square feet. Parcel 2 will be a flag lot, and Parcel 1 shown a 25
foot easement to serve Parcel 2. Parcel 1 fronts SW Fonner Street by 100 feet. Parcel 2 is
serviced by the 25-foot access easement. All Setbacks affected by this lot line adjustment
are met. The lot line adjustment shortens the rear let line of Parcel 1, creating 15 feet
between the accessory garage and the rear lot line. The rear yard setback standard for this
lot is 15 feet, therefore, this does not violate the standard. There are no buildings proposed
for Parcel 2 in this application. No other setback standards are affected by this proposal.
Therefore, these standards are met.
With regard to flag lots:
e 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 a to maximize separation from existing structures.
o 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.
Parcel 2 will be a flag lot as a result of this application. No structures or paved access exist
on Parcel 2. Therefore, setback standards will be addressed at the time of development of
Parcel 2. Five feet of the 25-foot easement is proposed as a landscaping barrier, however,
the applicant did not submit any plans showing what form the barrier would take. This
criterion is met with the following condition: -
CONDITION: Submit a plan showing that access to the flag lot will be screened from adjacent
lots with either a vegetative hedge or a solid fence.
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.
NOTICE OF TYPE I DECISION PAGE 3 OF 5
MIS2001-00022- STARWERVIN LOT LINE ADJUSTMENT
A fire hydrant is located on the south side of SW Fonner Street directly across from the west
property line of Parcel 1. The access way for Parcel 2 is 148 feet long, which is below the
150-foot standard. No additional turn lanes or fire hydrants are required. Therefore this
standard has been met.
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 map.
Upon final approval, the applicant has stated that a 25-foot easement will be legally recorded.
CONDITION: Submit proof that the 25 foot easement has been recorded.
Any access way shall comply with the standards set forth in Chapter 18.705: Access,
Egress, and Circulation.
Access ways serving 2 residential lots are required to be 15 feet wide. One, 20-foot-wide
access easement is provided. The access way is under 150 feet, therefore, special provisions
for fire vehicle turn around is not required. This standard has been met.
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.
Dedication of floodplain, green way or 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.
The applicant has not requested a variance or an adjustment with this application.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria
have been met with conditions.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Mall and mailed to:
The applicant and owners
X Affected government agencies
Final Decision:
A Lot Line Adjustment is a Type I procedure. As such, the Directors 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.
NOTICE OF TYPE I DECISION PAGE 4 OF 5
MIS2001-00022 - STARKIERVIN LOT LINE ADJUSTMENT
E THIS DECISION IS FINAL ON AUGUST 17, 2001,
AND BECOMES EFFECTIVE ON AUGUST 18, 2001.
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.
7
'A' W I I t August 17, 2051
P Y: DATE
6di/Buchanan rent Planning department
f
r August 17, 20101
APPROVED BY: 'Richard Bewersdor[f DATE
Planning Manager
NOTICE of TYPE I DECISION PAGE 5 OF 5
MIS2001-00022- STARKIERVIN LOT LINE ADJUSTMENT
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