LLA2010-00012AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being fast dulysworn/affinn, on oath depose and say that I am a Planning Assistant for the City of
Tigard, Washington County, Oregon and that I served the following:
[C :n &I—)
0 NOTICE OF DEQSION FOR
LLA2010- 00012 /FRISWOLD LOT LINE ADJUSTMENT
(File No. /Name Reference)
AMENDED NOTICE
E
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each
named person(s) at the address (s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on
October 20, 2010, and deposited in the 1jakec, States Mail on October 202010 postage prepaid.
on
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBLIC - OREGON
COMMISSION NO. 416777
MY COMMISSION EXPIRES APRIL 25, 2011
— day of , 2010.
Q 4" (;I-- 0
NOTARY PUALIC OF OREGO
My Commission Expires:
NOTICE OF TYPE I DECISION
e
LOT LINE ADJUSTMENT (LLA) 2010 -00012
FRISWOLD LOT LINE ADJUSTMENT
120 DAYS = 02 -17 -2011
SECTION I. APPLICATION SUMMARY
FILE NAME: FRISWOLD LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (LLA) LLA2010 -00012
PROPOSAL: The applicant is proposing a lot line adjustment that will increase tax lot 2S111BG
04500 (Lot 1) from 25,078 sq. ft. to 26,861 sq. ft. and reduce tax lot 2S111BG
04600 (Lot 2) from 18,628 sq. ft to 16,845 sq. ft. Lot 2 will vacate a 10 foot access
easement from 103' Avenue to the rear of that property.
APPLICANT: James Friswold OWNER James and Diana Friswold
14700 SW 103' Avenue LOT 1: 14700 SW 103r Avenue
Tigard, OR 97224 Tigard, OR 97224
OWNER Sam and Victoria Gotter
LOT 2: 10125 SW Murdock Street
Tigard, OR 97224
LOCATIONS: LOT 1: 14700 SW 103`' Avenue; WCTM 2S111BC, Tax Lot 04500
LOT 2: 10125 SW Murdock Street; WCIM 2S111BC, Tax Lot 04600
ZONING
DESIGNATIONS: R 3.5: Low - Density Residential District. The R 3.5 zoning district is designed to
accommodate detached single - family homes with or without accessory
residential units at a minimum lot size of 10,000 square feet. Duplexes are
permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390,18.410 and 18.510.
SECTION H. 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 wh the dec is base ar n oted in Section IV
LLA2010 -00012 Friswold Lot Line Adiustment Decision 102010 Page 1
CONDITION OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
The applicant shall record the lot line adjustment with Washington County and submit a copy of
the recorded survey map to the City within fifteen days of recording, to be incorporated into the
record.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The sub*ect parcels are located near the intersection of 103` Avenue and Murdock Street. Lot 2 was
once a lag lot with an access easement from 103" Avenue running east across Lot 1 to the west
property line of Lot 2. Subsequently, around 1998 the home built on Lot 2 obtained access from
Murdock Street via an easement from tax parcel 2S111BCO2503. The rear property lines between Lot 1
and Lot 2 are irregular and the transfer of property is to ensure that Lot 1 has adequate access to an
accessory stricture in the event that Lot 2 is sold.
Proposal Description:
The applicant is proposing a lot line adjustment that will increase tax lot 2S111BG04500 (Lot 1) from
25,078 sq. ft. to 26,861 sq. ft. and reduce tax lot 2S111BG04600 (Lot 2) from 18,628 sq. ft to 16,845
sq. ft. Lot 2 will vacate a 10 foot access easement from 103` Avenue to the rear of that property.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the
following criteria for approval of a Lot Line Adjustment request:
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a re quest
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 are existing and two (2) lots will
remain after the adjustment. Both lots will exceed the 10,000 sq. ft. minimum for the R-3.5 zone.
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;
Based on the plans submitted, no existing structures will be in violation of the required setbacks.
LLA2010 -00012 Friswold Lot Line Adjustment Decision 102010 Page 2
The resulting parcels are in conformity 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 zonin 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 lots will satisfy the minimum lot width or building envelope area for the R-3.5 zone and the lot line
adjustment does not create a flag lot. One lot fronts a public right -of -way and one has an existing
access drive and easement from another property. Setbacks conform to the R-3.5 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.
The proposed lot line adjustment does not create a new flag lot.
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.
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.
There is no proposed common drive.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
Access is pre - existing for both lots.
Exemptions from dedications:
A lot line adjustment is not considered a development action for purposes of detennining
whether floodplain, greenway, or right -of -way dedication is required.
Floodplain, greenway and right -of -way dedication is not required as part of this application
Variances to development standards:
An ap lication 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 adjustment.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
met.
LLA2010 -00012 Friswold Lot Line Adiustment Decision 102010 Page 3
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
• 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 OCTOBER 20, 2010
AND BECOMES EFFECTIVE ON OCTOBER 21, 2010.
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.
APPROVED Y: a "Hap" Watkins
Assistant Planner
503 - 718 -2440
hap @tigard - or.gov
October 20, 2009
DATE
LLA2010 -00012 Friswold Lot Line Adjustment Decision 102010 Page 4
VICINITY MAP
LLA2010 -00012
FRISWOLD LOT LINE
ADJUSTMENT
Subject Site
0
Information on this map is for general location
only and should be verified with the Development
Services Division.
Scale 1:4,000 - 1 in = 333 tt
Map printed at 12:54 PM on 19- Oct -10
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD
MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE
DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO
LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
City of Tigard
TIGARMAPS 13125
T5036O 497613d M-F
www.tigard - or.gov
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RECORD OF SURVEY
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DATE: OCTOBER 18, 2010 SCALE: 1 " =30'
SURVEY PERFORMED FOR: JAMES FRISWOLD
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Umq
OREGON
WADE G. DONON IQ
2278
VALID THROUGH DECEMBER 31, 2011
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Centerline Concepts Inc.
729 MOLALLA AVENUE, SUITE 1
OREGON CITY, OREGON 97045
503 650 -0188 FAX 503 650 -0189
DRAWN BY:MPW CHECKED BY: WGDYI ACCOUNT J150 -6069
M: \PROJECTS \FRISWOLD - 6069 \PLA
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SIGNED ON: I (D' 1 8 - 1
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PROFESSIO
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OREGON
WADE G. DONON IQ
2278
VALID THROUGH DECEMBER 31, 2011
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Centerline Concepts Inc.
729 MOLALLA AVENUE, SUITE 1
OREGON CITY, OREGON 97045
503 650 -0188 FAX 503 650 -0189
DRAWN BY:MPW CHECKED BY: WGDYI ACCOUNT J150 -6069
M: \PROJECTS \FRISWOLD - 6069 \PLA
James and Diana Friswold
14700 SW 103`' Avenue
Tigard, OR 97224
Sam and Victoria Gotter
10125 SW Murdock Street
Tigard, OR 97224
LLA2010 -00012
EXHIBITS.
FRISWOLD LOT LINE ADJUSTMENT
2S111BC04500
FRISWOLD, JAMES E & DIANA J
14700 SW 103RD AVE
TIGARD, OR 97224
2S111BC04600
COTTER, SAMUEL A & VICTORIA L
10125 SW MURDOCK ST
TIGARD, OR 97224
GENERAL INFORMATION
--------------------------
PARCEL 1
------------ -------------- /
Propert Address /Location(s): /� 70 O S t.J / 0.� A d
Tax Map & Tax Lot #(s): �u t ?c, � 9 '.A - 1 55$- A.
0835 a .2 11 1�C. n CIS 0Q
Site Size:
Property Owner/ Deed Holder(s) *: (Attach list if more than one)
Address: 1'17C -
City/State: r / d � Z Zip: 9 - 7 2 a LI
Primary Contact: N&, ,� 5 { t +moo
Phone: j5b .3 - «c ?,5 - / / . Fax:
PARCEL 2
Property Address /Location(s): <5'k- M--rAQC-k 33
-- 5 c c.. 1 Z 9 - 7.1.2
Tax Map & Tax Lot #(s): ��+rc� .�. ?111 „ 15) " i(•1
IZ an 83c7 y 3 � C � (4 c
Site Size: /�3 .
Property Owner/ Deed Holder(s *: (Attach list if more than one)
Address: /0/2,5 c4t.J M u.rc� c..L .
City/State: T cr C3 Zip:
Primary Contact: 111 C - 1 o
Phone: 5 3 - b3 - V g (, I Fax: O R l0 s ' O 1. (eS
Applicant * /Agent: f-i
Address: `/'2 (71D ��7 t / 03 V -�n %,A �-
City/State: ^ t cL Q Zip: `7 a a'4
Primary Contact: S l izf i3 o `�
Phone: SUS - C4 3 1 - 1 ) J"" Fax:
*When the owner and the applicant are different people, the applicant must be
the purchaser of record or a lessee in possession with written authorization
from the owner or an agent of the owner. The owner(s) must sign this
application in the space provided on the back of this form or submit a written
authorization with this application.
PROPOSAL SUMMARY
The owners of record of the subject property request Lot Line Adjustment
permission to adjust:
A
(number)
parcels of S O') and 1 8 2 -
(acreage or square rootage)
CITY OF TIGARD
PLANNING /ENGINEERING
Case No.(s)
FOR STAFF USE ONLY
L4 "qooD -600( 9—
Other Case No.(s): Q
Receipt No.: 1 '7 4 ( 3
Application Accepted By: S • (X 1
Date: (0 ( 1 1 1 ( y
Date Determined Complete:
Rev. 7/1/10
is \curpin \masters \land use applications \lot line adjustment app.doc
REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
❑ Application Form
❑ Owner's Signature /Written Authorization
❑ Title Transfer Instrument or Deed
❑ Preliminary Map (2 copies)
❑ Site /Plot Plan (2 copies)
❑ Site /Plot Plan (reduced 8' /z" x 11 ")
❑ Applicant's Statement (2 copies)
(Address Criteria in TDC 18.410.040)
❑ Filing Fee $599.00
into 02 parcels of S'w1 and 4 c� 45 a(f
(number) (acreage or square footage)
City of Tigard { 131 S W Hall Blvd., Tigard, OR 9722 1 503 - 718 -2421 � www.tigard- or.gov { Page 1 of 2
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part
of this application:
i Nif -3.., p —
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on
the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and
limitations of the approval.
♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants
so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for
approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of 0 Q , 20
p ' ant /Authorized Agent's Signature
• s Signature
W rl /
i
Owner's Signature
Owner's Signature
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503 - 718 -2421 www.tigard-or.gov I Page 2 of 2
CITY OF TIGARD
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
RECEIPT
Receipt Number: 179930 - 10/19/2010
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
LLA2010 -00012 Lot Line Adjustment 1003100 -43116 $522.00
LLA2010 -00012 Lot Line Adjustment - LRP 1003100 -43117 $77.00
Total: $599.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 3029 STREAT 10/19/2010 5599.00
Payor: Diana J Friswold James E Friswold
Total Payments: $599.00
Balance Due: $0.00
Page 1 of 1
This Type I Application for Lot Line Adjustment is being made to transfer
approximately 1752 square feet of property that sits at the back of the two lots and
will facilitate permanent access to the shop building on Parcel 1 of Partition Plat No.
1998 -167 in the event of a change of ownership of Parcel 2. Owners of Parcel 2 will
also be vacating a 10' wide easement that runs across Parcel 1 that is Mt the
primary access to Parcel 2.
As to Approval Criteria, we submit the following:
1. No additional parcel is created and the existing parcel will not be reduced in
size below the minimum lot size established by the zoning district.
2. No violation of the site development or zoning district regulation for the
district will occur.
3. The resulting parcels are in conformity with the standards of the zoning
district as set forth in sub - points a., b., c., and d.
4. While Parcel 2 is a flag lot, the lot line adjustment does not affect the flag
portion of the lot.
5. As the lot line adjustment affects the rear portion of the lots, it has no impact
on fire - fighting capabilities.
6. Not applicable to this lot line adjustment application.
7. The application does not affect access, egress or circulation of the lots.
After recording, return to:
James E. Friswold
14700 S. W. 103rd Avenue
Tigard, Oregon 97224 -4741
PTCU No. 711287 -158
DEED OF RECONVEYANCE
Washington County, Oregon 2009 -052103
06110/200910:21:51 AM
D4VIS Cnt =1 Stn =9 C TOMPKINS
$5. $5.00 $11.00 - Total = $21.00
01373411 0 900521030010013
I, Richard Hobemicht, Director of Assessment and �c�
Taxation and Ex -ORklo County Clerk for Washington 1
County, Oregon, do hereby certify that the wkhin
instrument of writing was received and recorded In the � S
book of records of said countvc A
Richard Hobernicht, Dlrcetor of Assessment and
Taxation, Ex- Officio County Clerk
The undersigned trustee or successor trustee, under that certain trust deed
dated June 1, 2004, executed and delivered by JAMES E. FRISWOLD and DIANA J.
FRISWOLD, grantor, and recorded on June 2, 2004, in the Mortgage Records of
Washington County, Oregon, Document No. 2004 - 061859, conveying real property
situated in said county, having received from the beneficiary, ONPOINT COMMUNITY
CREDIT UNION, formerly known as PORTLAND TEACHERS CREDIT UNION, under
said trust deed a written request to reconvey, reciting that the obligation secured by
said trust deed has been fully paid and performed, hereby does grant, bargain, sell
and convey, but without any covenant or warranty, express or implied, to the person
or persons legally entitled thereto, all of the estate held by the undersigned in and to
said described premises by virtue of said trust deed.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND
BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010
OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,
195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007.
IN WITNESS WHEREOF, the undersigned trustee has ex cuted this instrument.
It;
Pete C. McCord, Trustee
STATE OF OREGON )
) ss.
County of Multnomah )
June 2009. Personally appeared the above -named Peter C. McCord and
acknowledged the foregoing instrument to be his voluntary act and deed.
Before me:
OFFICIAL SEAL
LUCILLE E. FROST
NOTARY PUBLIC - OREGON
COMMISSION NO. A398019
WCOMMISSION EXPIRES NOVEMBER 26, 2009
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of ry Public for Oregon
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HEIGHTS
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AREA 18,626 S.F.
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