MIS2003-00005 Decision - LARSON LOT LINE ADJ t
NOTICE OF TYPE I DECISION
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LOT LINE ADJU'STMENT(MIS) 200300005 o H ARD
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120 DAYS = 8/1/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: LARSON LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2003 - 00005
PROPOSAL: The applicant is proposing to adjust one (1) property line, which will
reconfigure two (2) separate parcels. Parcel #1 of 49,223 will become
54,886 square feet. Parcel #2 of 35,284 will become 29,621 square feet
respectively.
APPLICANT: Benthin Engineering, Inc.
Attn: Tony Benthin
PO Box 100
Sherwood, OR 97140
OWNER OF OWNER OF
PARCEL 1: Jay and Margaret Larson PARCEL 2: Same
14800 SW 133 Avenue
Tigard, OR. 97224
LOCATIONS: PARCEL 1: 14800 SW 133 Avenue; WCTM 2S109AC, Tax Lot 1600.
PARCEL 2: No Site Address; WCTM 2S109AC, Tax Lot 1700.
ZONING
DESIGNATIONS: 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 they above' request subject to certain . conditions of approval The findings
and'conclusions'on° which the decision based are noted in Section IV
NOTICE OF TYPE I DECISION PAGE 1 OF 4
MIS2003 -00005 — LARSON LOT LINE ADJUSTMENT
CONDITION OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING
CONDITION SHALL BE SATISFIED UNLESS OTHERWISE_ NOTED4THE 'STAFF;
CONTACT SHALL BE MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT'
5.03-639,4171.
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
Planning Division. The survey map shall include all access and utility easements.
Note: Accessory structures may not exceed 528 square feet on sites less than 2.5
acres.
- . `' THIS APPROVA SHALL BE VALID 1:MONTHS
FROM
THE EFFECTIVE DATE OFiTHIS DECISI ®
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located on the east side of SW 133 Avenue, south of SW Bull
Mountain Road.
Proposal Description:
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2)
separate parcels. Parcel #1 of 49,223 will become 54,886 square feet. Parcel #2 of 35,284
will become 29,621 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 minimum lot size for the R -7 zoning district is
5,000 square feet. In any event, Parcel #1 will be 54,886 square feet and Parcel #2 will be
29,621 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;
NOTICE OF TYPE I DECISION PAGE 2 OF 4
MIS2003 -00005 — LARSON LOT LINE ADJUSTMENT
According to the site plan, there is an existing accessory structure that is approximately
240 square feet located 5 feet from the nearest lot line. The site plan also indicates a
future structure that will be located on the newly configured Parcel #1 that is approximately
1,500 square feet. According to Section 18.510.060 (Accessory Structures) of the Tigard
Development Code, accessory structures located on sites containing less than 2.5 acres
may not exceed 528 square feet.
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 to 29,621 square feet still provides adequate depth,
width and size to meet the dimensional requirements of the R -7 zoning district. This
request does not pertain to a flag lot or include a partition request.
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 involve 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.
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.
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.
Both tax lots have access to a public street (SW 133 Avenue). Therefore, this standard is
satisfied.
NOTICE OF TYPE I DECISION PAGE 3 OF 4
MIS2003 -00005 — LARSON LOT LINE ADJUSTMENT
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 APRIL 15, 2003,
AND BECOMES EFFECTIVE ON APRIL 16, 2003.
Questions:
If you have any questions, please call the City of Tigard Planning Division at Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
l% ?',.. �...,... �- -->-7 April 15, 2003
PREP D Math��cheidegger DATE
Assist Planner
i( -7:(9.-2fi - 1ST April 15, 2003
APPROVED BY: Richard Be 7g$4.rff DATE
Planning Ma ,g-r
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NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2003 -00005 — LARSON LOT LINE ADJUSTMENT
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LOT LINE ADJUSTMENT
TYPE 1 APPLICATION
SITE PLAN
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F NEW PROPERTY UNE
OLD ACREAGE 0.81 ACRES±
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— � NEW TA O 1 700
98' EXISTING SHED 217' - ---�
PROPERTY UNE
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EXISTING DECK OLD ACREAGE 1.13 ACRESt
NEW ACREAGE 1.26 ACRES±
o EXISTING HOUSE TAX LOT 1600
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PROPERTY ADDRESS: APPLICANT'S STATEMENT:
14800 SW 133RD AVENUE
TIGARD, OR 97224 THE PURPOSE OF THIS LOT UNE ADJUSTMENT IS TO MOVE
TAX MAP 2S 1 O9AC A PORTION OF NE NORTH UNE OF MAP #2S0109AC 1600
TAX LOTS 1600 & 1700 TO INCLUDE A FUTURE POLE BUILDING. THE POLE
BUILDING WILL BE CONNECTED TO THE EXISTING HOUSE
APPUCANT/PROPERTY OWNER: WITH A BREEZEWAY.
JAY & MARGARET LARSON
14800 SW 133RD AVENUE
TIGARD, OR 97224
PHONE (503) 639 -6222
Property Surveys • Topographic /Site Surveys • Subdivision Plats
ALTA Surveys • Construction Staking
3[BENTHIN
1" = ENGINEERING, INC.
SCALE 1 100 FEET LicensedinORandWA
11111 Phone: (5o3) l n8
• • Tony Benthin PE, PLS Fax: (503) 625-...-0,
° g S S g President Cell: (503) 7144
P.O. Box 100, Sherwood, OR 97140