MIS2003-00023 Decision - MARSHALL LOT LINE ADJUSTMENT NOTICE OF TYPE I DECISION
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120 DAYS = 10/22/2003
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: MEYERS FARM LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2003 -00023
PROPOSAL: The applicant is proposing to adjust one (1) property line, which will
reconfigure two (2) different lots. Parcel #1 of 10.15 acres will become
2.01 acres. Tract A, consisting of 989 square feet will become 8.16
acres.
APPLICANT: Tom Weber
12755 SW 69' Avenue, Suite 100
Portland, OR 97223
OWNER Lauren & Julie Ann Stanley OWNER Claremont Properties
PARCEL 1: 14985 SW Kenton Drive TRACT A: Development, LLC
Tigard, OR 97224 PO Box 91010
Portland, OR 97291
LOCATIONS: PARCEL 1: WCTM 2S108BC,Tax Lot 12000 (10.15 acres).
TRACT A: WCTM 2S108BC,Tax Lot 11900 (989 Square feet).
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 tlat��the City of Tigard Community Development. Director's designee,
has APPROVED the, above request subject to certain conditions of approval The findings
and conclusionsaon which the decision is based are noted in Section I,V
NOTICE OF TYPE I DECISION PAGE 1 OF 5
MIS2003-00023 - MEYERS FARM LOT LINE ADJUSTMENT
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED UNL' NOTED; THE
STAFF CONTACT SHALL BE MORGAN TRACY IN T HE PLANNING DIVI 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. The survey map shall include all access and utility easements.
2. Prior to issuance of a building permit for Parcel #1, the applicant shall submit a site
plan that indicates a minimum 10 -foot side yard setbacks will be met by the new
structure.
3. Prior to issuance of building permits, the applicant shall provide documentation from
Tualatin Valley Fire and Rescue regarding the fire suppression needs for the new
home on Parcel #1
4. The applicant shall record with the lot line adjustment a minimum 15- foot -wide
access easement for the benefit of Parcel #1 across Tract A. If the access drive is
within 10 feet of the adjoining properties, a screen shall be provided prior to final
building inspection.
THIS A P RVALSHALL BE-VALID 'FOR�;18 MONTHS
F E
G,. EFFEC =DATE OF3THISD , '..
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located on the south side of SW Bull Mountain Road. Records
indicate that Tract A was created through the Meyers Farm subdivision. Parcel #1 is an
un P tatted lot. There are no structures on either tract. t. No other land use records were
found.
Proposal Description:
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2)
different parcels. Parcel #1 of 10.13 acres will become 2.01 acres. Tract A consisting of
989 acres will become 8.16 acres. The applicants desire to reconfigure the larger lot for
future subdivision while leaving an area for the current owner to build a single home.
According to the applicant, Tract A is not encumbered by restriction or limitations that
would prevent future subdivision of this land.
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;
NOTICE OF TYPE I DECISION PAGE 2 OF 5
MIS2003 -00023 - MEYERS FARM LOT LINE ADJUSTMENT
No new lots will be created as part of this adjustment; one lot and one tract exist and one
lot and one tract will remain after the proposed adjustment. The R -7 zone has a minimum
lot size requirement of 5,000 square feet for single - family detached units. The existing lots
will be well above those dimensional requirements. 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;
There are no structures on either tract or parcel. The smaller lot after the adjustment will
still be over 2 acres and complies with lot dimensional requirements. The larger lot,
Parcel #1 will exceed the ratio permitted for lot width to lot depth. While the depth of this lot
will exceed 2% times the lot width, this is a preexisting condition made better, not worse,
by the subject application. This standard 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.
Both lots will continue to meet the minimum standards of the R -7 zone as they apply to lot
width and frontage. The rear lot, Parcel 1 will be a flag lot, and will require a minimum 15
foot easement. This 15 foot wide 1024 foot long easement will remove 15,360 square feet
from the modified Tract A to an ultimate parcel size of 7.8 acres. This criteria is 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.
The applicant shall note that side yard setbacks on Parcel #1 will be 10 feet as this lot is a
flag lot, at least until the subdivision has developed and street frontage is available. A
screen may be required depending on the final location of the access drive.
FINDING: Proposed Parcel #1 is a flag lot.
CONDITIONS:
• Prior to issuance of a building permit for Parcel #1, the applicant shall submit
a site plan that indicates a minimum 10 -foot side yard setbacks will be met by
the new structure.
• The applicant shall record with the lot line adjustment a minimum
15- foot -wide access easement for the benefit of Parcel #1 across Tract A. If
the access drive is within 10 feet of the adjoining properties, a screen shall
be provided.
NOTICE OF TYPE I DECISION PAGE 3 OF 5
MIS2003 -00023 - MEYERS FARM LOT LINE ADJUSTMENT
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.
The applicant will need to consult with the fire district prior to building permit submittal to
assure that no additional hydrant will be necessary.
FINDING: There is inadequate information to determine whether a new fire hydrant will
be required.
CONDITION: Prior to issuance of building permits, the applicant shall provide
documentation from Tualatin Valley Fire and Rescue regarding the fire
suppression needs for the new home on Parcel #1
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. Tract A does not require vehicular access so the proposed easement will only
benefit Parcel #1.
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.
Therefore this standard is not applicable.
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
NOTICE OF TYPE I DECISION PAGE 4 OF 5
MIS2003-00023 - MEYERS FARM LOT LINE ADJUSTMENT
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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 JUNE 25, 2003,
AND BECOMES EFFECTIVE ON JUNE 26, 2003.
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.
June 25, 2003
PREPARED BY: Morgan racy DATE
Associate Planner
is \curpin \morgan \workspace \IIa \mis2003 -00023 myers farm IIa \mis2003 -00023 draft decision.doc
NOTICE OF TYPE I DECISION PAGE 5 OF 5
MIS2003- 00023 — MEYERS FARM LOT LINE ADJUSTMENT
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City of Tigard
I nformation on this map is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
/ Tigard, OR 97223
I/ (503) 839 -4171 171
http://www.ci.tigard.or.us
Community Development • Plot date: Jun 25, 2003; C: \magic\MAGICO3.APR