MIS2004-00008 Decision - NARVER LOT LINE ADJUSTMENT •
NOTICE fOF TYPE DECISION
LOT -LINE ADJUSTMENT ( MIS ) 2004 -00008
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120 DAYS = 10/14/2004
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: NARVER LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2004 -00008
PROPOSAL: The applicant is proposing to adjust one (1) property line, which will
reconfigure two (2) separate parcels. Parcel #1 of 66,518 will become
78,475 square feet. Parcel #2 of 64,718 will become 52,761 square feet
respectively.
APPLICANT: Wiltshire Homes
Attn: Stephen E. Allsup
5675 Victoria Court
Lake Oswego, OR 97035
OWNER OWNER
PARCEL 1: Michael and Pennie Narver PARCEL 2: Same
14750 SW 150 Avenue
Tigard, OR 97224
LOCATIONS: PARCEL 1: 14750 SW 150 Avenue
WCTM 2S108AD, Tax Lot 1300.
PARCEL 2: WCTM 2S108AD, Tax Lot 1500.
ZONING
DESIGNATIONS: R -7; The R -7 zoning district is designed to accommodate attached
single- family homes, detached single - family 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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION II. DECISION
Notice is hereby given thhat §the City Tigard Community Development Director's de
has APPROVED the above request subject to certain cond e itionsof approval The findings
nand conclusions3on which the decision is based are ;noted in Section'IV %ft
NOTICE OF TYPE I DECISION PAGE 1 OF 4
MIS2004- 00008— NARVER LOT LINE ADJUSTMENT
CONDITION OF APPROVAL
PRIOR TO ATM E RECORDING OF THE LOT LINE ADJUSTE THE FOLLOWING
CON DITION L- C
S HALBE SATISF UNLESS O M O THERWISE i NOTED, H STAFF`
C SHALL =BE� MAT SCHEIDEGGER IN THE PLANNING v T DIVISION AT
5034639-41
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
Planning Department. The survey map shall include all access and utility
easements.
} THI APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM OEEFFECTIVE DATE- OFTHIS DECISION & A
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located on the east side of SW 150 Ave. The proposed lot line
adjustment is the preliminary reconfiguration of the lots for subdividing (SUB2004- 00004).
Proposal Description:
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2)
separate parcels. Parcel #1 of 66,518 will become 78,475 square feet. Parcel #2 of 64,718
will become 52,761 square feet respectively.
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 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 5,000
square feet. In any event, the lots will be 78,475 and 52,761 square feet after the
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;
Based on the site plan, no existing structures will be in violation of the required setbacks of
the R -7 zoning district. Therefore, this standard has been satisfied.
NOTICE OF TYPE I DECISION PAGE 2 OF 4
MIS2004- 00008 -- NARVER LOT LINE ADJUSTMENT
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.
The reduced lot size of Parcel #2 from 64,718 to 52,761 square feet still provides adequate
width and size to meet the dimensional requirements of the R -7 zoning district. The above
standard requires lots created through the partition process to front a public right -of -way by
at least 15 feet or have a legally recorded minimum 15 -foot wide access easement. Parcel
#1 will have 100 feet of frontage on SW 150 Ave by means of an access easement
across tax lot 1500 (Parcel #2). Parcel #2 will have approximately 130 feet of frontage on
SW 150 Ave. In any case the standard refers to the partitioning of parcels. The
requested approval is for a lot line adjustment which does not affect the existing access to
the parcels. Therefore, this criterion has been met.
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 involve flag lots. However, no development is
associated with this application at this time. 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.
The subject parcels will temporarily share the existing access until time of subdivision.
The applicant has provided documentation of an access easement. Therefore, this
standard has been satisfied.
Any access way shall comply with the standards set forth in Chapter 18.705:
Access, Egress, and Circulation.
Access to the subject parcels is pre- existing. Therefore, this standard does not apply.
NOTICE OF TYPE I DECISION PAGE 3 OF 4
MIS2004- 00008- NARVER LOT LINE ADJUSTMENT
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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 dedication 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.
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.
THIS DECISION IS FINAL ON JULY 13, 2004,
AND BECOMES EFFECTIVE ON JULY 14, 2004.
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.
,r - �--- July 13, 2004
APPROV BYE -- )Mathew paidegger DATE
Associate Planner
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NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2004- 00008— NARVER LOT LINE ADJUSTMENT
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