MIS2004-00010 Decision - VOLPE LOT LINE ADUSTMENT �� N OTICE � OF T INDECI �,
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"URBAN SERVICE AREA n " w, '1
- " CITY OFTIGAR �'� +.
LOT LINE ADJUSTMENT�(MIS) 2004 00010 i " s
� s COnlm s Lopuze
' — VOLPE LOT LINE ADJUSTMENT shag ng a' tt r eummuntty
120 DAYS =11 /9/2004
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: TERRY VOLPE LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2004 -00010
PROPOSAL: The applicant is proposing to adjust two (2) lot lines, which will
reconfigure three (3) different lots. Portions of two lots and all of one lot
are located within Tigard's Urban Growth Boundary (UGB). The
proposed adjustment would reconfigure the lots so that the resulting
parcels are either entirely within or entirely outside of the Urban Growth
Boundary. Parcel #1 of 8.72 acres will become 8.83 acres; parcel #2 of
1.02 acres will become .91 acres, both of which would be located
entirely within Tigard's UGB. Parcel #3 will remain the same size of 4.85
acres and be located entirely outside of Tigard's UGB.
OWNER Volpe, Joseph and Berniece U TRS
PARCELS land 2: 16480 SW Bull Mountain Rd.
Tigard, OR 97224
OWNER Avolio, Gerald & Janet TRS
PARCEL 3: 16650 SW Bull Mountain Rd.
Tigard, OR 97223
LOCATIONS: PARCEL 1: WCTM 2S108BC, Tax Lot 12100 (No Address)
(8.72 acres)
PARCEL 2: WCTM 2S108BC, Tax Lot 12200 (No Address)
(1.02 acres)
PARCEL 3: WCTM 2S10700, Tax Lot 01303 (No Address)
(4.85 acres)
The properties are located south of SW Bull Mountain Road at the
intersection of SW 164th Avenue.
COMPREHENSIVE
PLAN
DESIGNATION: Medium - Density Residential.
ZONING
DESIGNATION: 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.
NOTICE OF TYPE I DECISION PAGE 1 OF 5
MIS2004 -00010 -TERRY VOLPE LOT LINE ADJUSTMENT
SECTION II. DECISION
Notice is = hereby given that the City of Tigard Commun Development Director's de
has APPROVED the above request subject Ort6irt conditions of approval ,The findings;:
and conclusions onwhich the decision is based are noted m Secto IV f
CONDITIONS OF APPROVAL
PRIOR TO THE RE'CORDINGY OF THE LOT LINE ADJUSTMENT, THE ` FOLLOWING;`
CONDITIONS SHALL BE SATISFIED UNLESS OTHERWISE:' NOTED, . THE STAFF
CONTACT SHALL BE GARY PAGENSTECHER IN THE PLANN ,DIVISION AT;
503-639-4111. ;_
1. Prior to recording, a survey map and legal descriptions showing the new lot lines shall
be reviewed and approved by the Planning Department.
2. 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.
THIS APPROVAL SHALL BE ,VALID : FOR ,18 MONTHS
FROM' THE EFFECTIVE `DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information:
Lots #1 and #2 are located within Tigard's Urban Growth Boundary. A single- family
dwelling exists on Lot #2 and a C.W.S. pump station and sewer collection lines exist on Lot
#1. Lot #3 is located primarily outside the UGB and the City's jurisdiction for land use
matters.
Other than a pre - application meeting for a subdivision earlier this year, no land use records
were found.
Proposal Description:
The applicant is proposing to adjust two (2) lot lines, which will reconfigure three (3)
different lots. Portions of two lots and all of one lot are located within Tigard's Urban
Growth Boundary (UGB). The proposed adjustment would reconfigure the lots so that the
resulting parcels are either entirely within or entirely outside of the Urban Growth
Boundary. Parcel #1 of 8.72 acres will become 8.83 acres; parcel #2 of 1.02 acres will
become .91 acres, both of which would be located entirely within Tigard's UGB. Parcel #3
will remain the same size of 4.85 acres and be located entirely outside of Tigard's UGB.
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:
NOTICE OF TYPE I DECISION PAGE 2 OF 5
MIS2004-00010 -TERRY VOLPE LOT LINE ADJUSTMENT
• 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; three (3) lots exist and three (3) lots
will remain after the proposed adjustment. The minimum lot size in the R -7 zoning
designation is 5,000 square feet. The three parcels are currently each over one acre in
size and will exceed the minimum requirement after adjustment as noted above in Section
Ill. 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;
A single - family dwelling exists on Lot #2 and a C.W.S. pump station and sewer collection
lines exist on Lot #1. Due to the size of the parcels, neither lot nor the structures on those
lots will be in violation of site development or zoning regulations. Should either property be
developed, the applicant would be subject to the appropriate review for the proposed
development thereby ensuring compliance with the site development and zoning
regulations that are in place at the time of development. This standard is satisfied.
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.
Parcels #1 and #2 affected by the lot line adjustment are located within the Tigard UGB
and are therefore subject to the dimensional standards of the Tigard Development Code.
Because the parcels are significantly larger (8.83 acres and .91 acres respectively) than
the minimum lot requirement of the underlying zone (5,000 square feet), these standards
are easily satisfied.
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.
There are no flag lots associated with this application. 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.
NOTICE OF TYPE I DECISION PAGE 3 OF 5
MIS2004 -00010 -TERRY VOLPE 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.
No common driveway is associated with this application. Therefore, this standard does not
apply.
Any access way shall comply with the standards set forth in Chapter 18.705:
Access, Egress, and Circulation.
There are no access ways affected by this application. Therefore, this standard does not
apply.
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 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 for lots #1 and #2 located within the Tigard UGB. Staff
recommends the applicant contact the Washington County Planning
Department with respect to those portions of Lot #3 affected by the
adjustment.
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 AUGUST 9, 2004
AND BECOMES EFFECTIVE ON AUGUST 10, 2004.
NOTICE OF TYPE I DECISION PAGE 4 OF 5
MIS2004- 00010 -TERRY VOLPE LOT LINE ADJUSTMENT
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. F4.7. August 4, 2004
PREPARED BY: Gary agenstecher DATE
As ciate Planner
n
- ( August 9, 2004
APPROVED BY: Richard Bewer,l orff DATE
Planning Manager
NOTICE OF TYPE I DECISION PAGE 5 OF 5
MIS2004 -00010 -TERRY VOLPE LOT LINE ADJUSTMENT
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Information on this map is for general location only and
/ should be verified with the Development Services Division.
/ 13125 SW Hall Blvd
Tigard, OR 97223
(503) 639 -4171
http://www.ci.tigard.oruS
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Community Development Plot date: Aug 5, 2004; C: \magic \MAGICO3.APR
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PROPERTY LINE
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THE WILLAMETTE MERIDIAN, • z °
WASHINGTON COUNTY, OREGON ADJUSTED PROPERTY LINE PROPERTY LINE ,e TO BE ADJUSTED
BASIS OF BEARING: DEEDS AND SECTION LINE
APRIL 30, 2004
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V.S.B.T. BOOK 7, PAGE 395
12555 S.W. HALL BLVD. 5/8" I.R.F. N 0.40'
TIGARD, OR 97223 -6287 (330.00' S.N. 13,660)
PHONE: (503) 639 -3453 328.82'
1 '1 FAX: (503) 639 -1232