MIS1999-00007 Decision - FOUSHEE LLA
NOTICE Of DECISION
LOT LINE JUSTMENT (MIS) 99=0007
CITY OF.PGARD
FOIISNEE LOT LINE ADJUSTMENT Community
Development
Shaping A Better
Community .
SECTION I. APPLICATION SUMMARY
CASE: FILE NAME: FOUSHEE LOT LINE ADJUSTMENT
Lot Line Adjustment (MIS) 99-0007
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the
common property line between two (2) residential lots by 957.04 square
feet
APPLICANT/ Sean Foushee
OWNER 12916 SW Wilmington Lane
Tigard, OR 97224
LOCATIONS: Both lots have frontage on SW Autumn View Drive in the Arlington
Heights No. 2 Subdivision; WCTM 2S109AD tax lots AH040 and
AH041.
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential
ZONING
DESIGNATION: R-7
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION IL DECISION
Notice is hrb.y given that the City of Tigard Community Development Director's designee
has APPROVED the above request subJ'ect to certain conditions of approval.
The findings and conclusions on which the decision is based are noted in Section IV.
NOTICE OF DECISION MIS 98-0024 - DALBEY LOT LIME ADJUSTMENT PAGE 1 OF 4
CONDITIONS OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT
SHALL BE JULIA HAJDUK IN THE PLANNING DEPARTMENT (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:
The subject properties are within a residential subdivision. Bath lots are currently vacant.
Proposal Description:
The applicant owns both parcels and wishes to construct a dwelling on lot 40. The lot line
adjustment will allow the dwelling to be the size and location desired while still meeting the
15 foot rear yard setback. The proposal is to adjust the line a maximum of 10 feet to allow
a minimum of 15 feet from the rear of the dwelling. The proposal will increase lot 40 by
953 square feet and decrease lot 41 by the same amount.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LIME ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the
following standards for approval of a Lot Line Adjustment request:
18.410.040 - Approval Criteria. 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. The underlying zoning is R-7, which has a 5,000
square foot minimum lot size (TMC 18.510.2). The lots (approximately 9,570 and
10,456.99 square feet) exceed the minimum lot size and will continue to exceed it (10,523
and 9583 square feet) 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 DECISION MIS 98-0024- DALBEY LOT LINE ADJUSTMENT PAGE: 2 OF 4
3
The lot line adjustment will actually enable the proposed structure to meet the rear yard
setback. Because lot 41 is vacant, any structure placed on the lot will be required to
comply with setbacks at time of building permit review.
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;
B. 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;
C. Each lot created through the partition process shall front a public right-o€-way
by at least 15 feet or have a legally recorded minimum 15-foot wide access
easement; and
D. Setbacks shall be as required by the applicable zoning district.
The minimum lot width in the R-7 zone is 50 feet, both lots will continue to have more than
50 feet of width and more than 25 feet of frontage, The lot area for each lot after the
adjustment will exceed 5,000 square feet. As discussed previously, the setbacks will be
met as a result of this adjustment, therefore, this standard has been 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 be located so as to maximize separation from
existing structures.
B. A screen shall be provided along the proper 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 18.745.040. Screening rna 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 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.
No access way is being created or altered; 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 will have individual access onto a public street.
Any access way shall comply with the standards set forth in Chapter 18.705,
Access, Egress, and Circulation.
The access way was reviewed and approved as part of the original subdivision review. In
addition, the access to lot 40 will be reviewed as part of the building permit approval. Access
to lot 41 will be reviewed at the time of future building permits are reviewed.
SECTION V. PROCEDURE AND APPEAL INFORMATION
NOTICE OF DECISION MIS 98-0024 -oALBEY LOT LIME ADJUSTMENT PAGE 3 of 4
A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the
date it i 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 APRIL 1, 1999.
THE EFFECTIVE DATE OF THIS QECISIQN SHALL QE APRIL 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 (593) 639-4171.
April 1, 1999
PREPA AfiY: Julia. Hajduk DATE
Associate Plattner
i:1cu rptnyuliatmis~fooshee; lla,doc
NOTICE OF DECISION MIS 9MG24 - DALBEY LOT LINE ADJUSTMENT PAGE 4 OF 4
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