MIS2004-00002 Decision - MASTERS LOT LINE ADJUSTMENT NOTICE OF TYPE I DECISION
"URBAN SERVICE AREA"
LOT LINE ADJUSTMENT (MIS) 2004- 00002 G
CITY OF TIGARD
MASTERS LOT LINE ADJUSTMENT Community Development
ShapingA Better Community
120 DAYS = 3/19/2005
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: MASTERS LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2004 -00002
PROPOSAL: The applicant is proposing to adjust one (1) property line, which will
reconfigure two (2) different lots. Tract #1 of 20,090 square feet will
become 12,965 square feet, and Tract #2 of 19,930 square feet will
become 27,055 square feet.
APPLICANT/ John and Linda Masters
OWNER 15000 SW 141 Avenue
Tigard, OR 97224
LOCATIONS: TRACT 1: WCTM 2S109CB, Tax Lot 00101 (15000 SW 141 Avenue).
TRACT 2: WCTM 2S109CB, Tax Lot 00107 (No Address).
COMPREHENSIVE
PLAN
DESIGNATION: Medium - Density Residential
ZONING
DESIGNATION: R -7: Medium - Density Residential. R -7: Medium - Density Residential
District. The R -7 zoning district is designed to accommodate attached
single- family homes, 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 conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION II. 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
MIS2004 -00002 — MASTERS LOT LINE ADJUSTMENT
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 MORGAN TRACY 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.
2. Prior to final occupancy inspection for any subsequent development of Tract 2, a 6-
foot tall screen shall be provided along the north side of the driveway.
3. The applicant shall record with the lot line adjustment a minimum 15- foot -wide
access easement for the benefit of Tract 1 across Tract 2 for continued use of the
existing driveway.
3. Following recording, the applicant shall provide evidence to the City that the Lot
Line Adjustment survey map was recorded within 18 months of this decision.
4. Prior to issuance of a building permit on Tract 2, the applicant shall consult with
Tualatin Valley Fire & Rescue (TVF &R regarding the need for a fire hydrant. If a
hydrant is deemed necessary, the applicant shall bear the responsibility and cost of
installing the hydrant.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject tracts are located on the east side of SW 141 Avenue, south of Bull Mountain
Road. Tract number 1 has a single family house. Tract 2 sits behind Tract 1, and is a
landlocked vacant parcel.
Proposal Description:
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2)
different lots. The adjustment is in preparation for a subsequent partition application. The
adjustment is necessary to configure the lots for the future land division. Tract #1 will be
conveying 7,045 square feet to Tract #1.
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 additional parcels will be created. Both tracts have not been reduced below the
minimum lot size of 5,000 sq feet as required for (R -7) zoning, tract 1 will be 12,965
square feet and tract 2 will be 27,055 square feet. Therefore, this criterion is met.
NOTICE OF TYPE I DECISION PAGE 2 OF 4
MIS2004 -00002 - MASTERS 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;
The resulting lot sizes will remain above the minimum required in the R -7 zone. Tract 2,
which presently does not have frontage or access on a public street, will be configured as
a flag lot with street frontage. The structure on Tract 1 will maintain a 5 foot side yard, and
15 foot rear yard. Therefore, this criterion is met.
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 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.
As described previously, both tracts will continue to meet the minimum standards of the
R -7 zone. The minimum lot width is the R -7 zone is 50 feet for single - family units. Tract 1
will have approximately 120 feet of width and Tract 2 will have approximately 145 feet of
width. Tract 1 will continue to front SW 141 Avenue, and as discussed previously, Tract 2
will be reconfigured to have 25 feet of legal frontage. Also, as previously discussed, all
setback requirements are met by this lot line adjustment. The driveway that currently
serves Tract 1 is located in the area to be incorporated into Tract 2. Concurrently with
recording the lot line adjustment, the applicant shall be required to record a minimum 15
foot wide access easement over the existing driveway serving Tract 1. With this condition,
this standard is met.
CONDITION:The applicant shall record with the lot line adjustment a minimum 15 -foot-
wide access easement for the benefit of Tract adjustment
across Tract 2 for continued
use of the existing driveway.
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.
Tract 2 is an existing land locked lot that will be configured as a flag lot for future
development purposes. Future development of Tract 2 will require that a screen along the
north side of the driveway be provided. With this condition, this standard is met.
CONDITION Prior to final occupancy inspection for any subsequent development of
Tract 2, a 6 -foot tall screen shall be provided along the north side of the
driveway.
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.
This standard will be reviewed at time of building permit application, and a new fire hydrant
may be required if deemed necessary by the fire district. Therefore, this standard is met
with the following condition:
NOTICE OF TYPE I DECISION PAGE 3 OF 4
MIS2004 -00002 - MASTERS LOT LINE ADJUSTMENT
CONDITION: Prior to issuance of a building permit on Tract 2, the applicant shall consult
with TVF &R regarding the need for a fire hydrant. If a hydrant is deemed
necessary the applicant shall bear the responsibility and cost of installing the
hydrant.
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.
This was previously required as a condition of approval to address the driveway serving
Tract 1. This access shall be in the form of an easement, and may extinguish once private
or public street frontage is available.
Any access way shall comply with the standards set forth in Chapter 18.705:
Access, Egress, and Circulation.
The required access easement shall be a minimum of 15 feet in width.
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 dedications are not required as part of this application.
Therefore, this statement is met.
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.
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:
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.
AND
THIS EFFECTIVE ON APRIL L 2005
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.
April 29 2005
APPROV D BY: Morga. racy DATE
Associate Planner
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NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2004 -00002 — MASTERS LOT LINE ADJUSTMENT
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