MIS1996-00008 r,
• •
NOTICE:OF<DECISION :::
:: ;:
LOT:LINE.'ADJUSTMENT (MIS). 96-0008
m of noAa�
MCCREARY
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: MCCREARY
Lot Line Adjustment MIS 96-0008
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust two
parcels of approximately 12,196 and 18,295 square feet into two
parcels of approximately 21,991 and 8,500 square feet.
APPLICANT: John McCreary OWNER: Same
9460 SW 74th Avenue
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low.
ZONING
DESIGNATION: R-4.5 (Residential, 4.5 units per acre).
LOCATION: 9605 SW 74th Avenue; (WCTM 1S1 25DB, TAX LOT 4000 and 4001).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.50, 18.162.050,
18.162.060.
SECTION II: DECISION:
Notice is herebygiven that the City of Tigard Community Development:Director's designee
has APPROVED the above request subject to:certain conditions:
The findings and conclusions on which the decision is based are note in Section IV.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 1
• •
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 Will D'Andrea,
Planning Department(503)639-4171.)
1. A revised site plan shall be submitted that shows the existing house in compliance with
setback standards. The setback from the existing house to the property line of parcel
2 shall be a minimum of 15 feet. Revised area calculations shall also be submitted
with the revised plan. This plan shall also show the locations of existing utilities and
the provision of easements where the utilities cross parcel 2.
2. A reciprocal easement and joint use and maintenance agreement shall be recorded
with the approved lot line adjustment survey map.
3. Plans approved be Tualatin Valley Fire and Rescue. Access drives in excess of 150
feet shall provide for an emergency vehicle turnaround.
4. A revised site plan shall be submitted that indicates some form of screening along the
west property line, adjacent to lot#7.
5. 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. Staff Contact: Brian
Rager, Engineering Department (639-4171).
THE FOLLOWING::CONDITIONS SHALL BE SATISFIED
PRIOR:TO THE.ISSUANCE.OF BUILDING PERMITS::
6. Obtain a street opening permit from the Engineering Department prior to doing any
work in the public right-of-way.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM:THE EFFECTIVE.DATE.OF THIS DECISION:
SECTION III: BACKGROUND INFORMATION
Site History:
In 1994, a Lot Line Adjustment (MIS 94-0017) was granted to adjust two parcels of
approximately 12,196 and 18,295 square feet, into two parcels of 8,276 and 22,215
square feet. The 18 month approval period expired prior to the applicant recording the
adjustment, therefore, the applicant is making a new application. No other development
applications were found to have been filed with the City.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 2
• •
Vicinity Information:
The surrounding properties to the north, south, and east, are zoned R-4.5 (Residential, 4.5
units per acre). Properties to the west are outside the jurisdiction of the City of Tigard.
The area is predominantly developed with single-family residential development.
Site Information and Proposal Description:
The properties are currently developed with one single-family residence. The applicant
proposes to adjust two parcels of approximately 12,196 and 18,295 square feet into two
parcels of approximately 21,991 and 8,500 square feet.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Lot Line Adjustment - Approval Standards: Section 18.162.060 contains the following
standards for approval of a lot line adjustment request:
1. An additional parcel is not created by the Lot Line Adjustment, and the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot
size established by the zoning district;
2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation
of the site development or zoning district regulations for that district; and
3. The resulting parcels are in conformity with the dimensional standards of the
zoning district.
The proposed lot line adjustment is consistent with these standards. The proposed
adjustment will reconfigure the lot lines, however, an additional parcel will not be created by
the adjustment. Both lots will meet the 7,500 square foot minimum lot size and the 50 foot
average minimum lot width requirements of the R-4.5 zone. All site development
improvements applicable to parcel 1 will remain consistent with Code requirements.
Development improvements on the proposed parcel 2 will be reviewed when it is developed.
Special Provisions for Lots Created Through Partition Process: Section 18.162.060
states that in addition to meeting the above standards, a Lot Line Adjustment must
also meet the following criteria applicable to lots created through the Minor Land
Partition process:
1. Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 3
•
• •
2. Lot Area: The lot area shall be as required by the applicable zoning district In
the case of a flag lot, the accessway may not be included in the lot area
calculation.
3. Lot Frontage; 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
4. Setbacks: Setbacks shall be as required by the applicable zoning district.
5. Front Yard Determination for Flag Lot: 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.
6. Screening on Flag Lots: A screen shall be provided along the property line of a
lot of record where the paved drive in an accessway is located within ten feet of
an abutting lot in accordance with Sections 18.100.080 and 18.100.090.
Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development
7. Fire Protection: The fire district may require the installation of a fire hydrant
where the length of an accessway would have a detrimental effect on fire
fighting capabilities.
8. Reciprocal Easements: Where a common drive is to be provided to serve more
than one (1) lot, a reciprocal easement which will ensure access and
maintenance rights shall be recorded with the approved partition map.
9. Accessway: Any accessway shall comply with the standards set forth in
Chapter 18.108; Access, Egress, and Circulation.
10. Floodplain: Where landfill and/or development is allowed within or adjacent to
the one-hundred-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the floodplain.
This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian/bicycle pathway plan.
Criteria 1 is satisfied as the minimum lot widths of parcel 1 and 2 are 100 and 85 feet
respectively, thereby, exceeding the 50-foot minimum lot width. Criteria 2 is satisfied as the
lot areas are approximately 21,991 and 8,500 square feet, exceeding the minimum 7,500
minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 15
and 85 feet of frontage on SW 74th Avenue, satisfying the minimum 15-foot, minimum width
requirement. The proposed site plan will not satisfy the setback standards on parcel 1. In
the case of a flag lot, the owner can determine the front yard so long as no side yard is not
less than 10 feet. In this case, the applicant can choose to call the south property line of
parcel 1 either the front or rear yard, with a corresponding 20 or 15 foot setback,
NOTICE OF DECISION MIS 96-0008-MCCREARY ' PAGE 4
•
respectively. Either setback would enable parcel 2 to exceed the minimum lot size of 7,500
square feet. A revised site plan shall be submitted that shows the existing house in
compliance with the applicable front (20') or rear yard (15') setback, thereby, satisfying
criteria 4. Revised area calculations shall also be submitted with the revised plan. Criteria 4
shall be satisfied on parcel 2 as setbacks will be reviewed when it is built upon.
Front yard determination on parcel 1 shall be determined when the applicant submits the
revised site plan. Criteria 5 is not applicable to parcel 2 as it is not a flag lot. Criteria 6 will
be satisfied as screening will be required along the property line of parcel 1, adjacent to lot
7, in accordance with Community Development Section 18.100.080 and 18.100.090. Fire
hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7.
Southwest 74th Avenue is designated as a minor collector street on the Comprehensive
Plan Transportation Map. The City limits the number of individual driveways that directly
access such collectors. The adjusted parcels will share the proposed driveway. A
reciprocal easement and joint use and maintenance agreement shall be recorded with the
approved lot line adjustment survey map, thereby, satisfying criteria 8. Criteria 9 is partially
satisfied as the plan provides for a common drive with a minimum 15-foot access width, with
a minimum pavement width of 10 feet. In addition, access drives in excess of 150 feet in
length shall provide for an emergency vehicle turnaround. This access shall be a level,
hammerhead-configured, paved surface, with each leg of the hammerhead having a •
minimum depth of 40 feet and a minimum width of 20 feet. The applicant shall provide an
approved plan from Tualatin Valley Fire and Rescue. Criteria 10 is not applicable as neither
parcel is within the floodplain.
SECTION V: OTHER STAFF COMMENTS
The City of Tigard Engineering Department and Building Division have reviewed the
proposal and have offered no comments or objections. The Engineering Department will
complete a detailed review of the submitted Lot Line Adjustment survey map and legal
descriptions prior to recording of the Lot Line Adjustment.
SECTION VI AGENCY COMMENTS
Service providing utilities will have the opportunity to review the proposal and decision
within the 10 day appeal period and may request reconsideration of the decision if it may
adversely affect the utility's or fire district's abilities to provide service to the subject
properties or the neighboring properties.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 5
• • . .
•
SECTION VII: PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
• THE DECISION:SHALL BE FINAL ON JUNE 17. ,:.1996
. UNLESS AN:APPEAL IS FILED.
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that provides
that a written appeal must be filed with the City Recorder within 10 days after notice is
given and sent. The appeal fee schedule and forms are available from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
THE DEADLINE FOR FILING OF.AN APPEAL IS 3:30.P.M. ON JUNE 17: . 1996.
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.
May 31, 1996
PREPARED BY: William D'Andrea DATE
Assistant Planner
May 31. 1996
APPROVED BY: Richard Bew-..:'.rff DATE
Planning Manager
I:ICURP LMPATTYMIS-DEC.DOT
•
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 6
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Vicinity Map A MIS 96-0008
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L N MCCREARY
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THOMAS L. AMBERG, P .E.
6225 S .W . 36th Avenue
Portland, Oregon 97221
Phone : ( 503) 246-3269
August 28 , 1996
William D 'Andrea
Assistant Planner
City of Tigard
13125 S .W . Hall Blvd .
Tigard , Oregon 97223
RE : Lot Line Adjustment
McCreary , MIS 96-0008
Dear Mr . D 'Andrea ,
Attached are two copies of the revised Site Plan for above
referenced case . I will call you sometime today to discuss a
couple of things shown on the drawing. Thank you for your
assistance on the matter .
Very truly yours ,
Thomas L . mberg, P .E .
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21,830 s.f. r
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NOTES:
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1. Reciprocal easement f, Joint
use. & maintenance agreement _
to be recorded with survey map. _-
rn
2. Applicant to provide new water '--— T.L. 4001 r.
and sewer service to T.L. 4000 u
existing Existing Lot Line
residence F, o - o
existinglservices ( 0 10' wide , o
to be us d for Existing , 1..;7 " common driveway c
Parcel 2 residence o
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85' . I rn
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PARCEL 2 t
8,670 s.f, :`4 "
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S. W. 7 4 th AVENUE .
LOT LINE ADJUSTMENT R1:1(15ED FEZ
Tax Lots 4000 and 4001, Map 1S1 25DSjo�l'�lO�S ��)61(11
Property Owners:
T.L. 4000 T.L. 4001
John R. $ Doris McCreary John R. & Doris McCreary u),
9640 S.W. 74th Ave. 9460 S.W. 74th Ave. '
Tigard, Oregon 97223 Tigard, Oregon 97223
R vts. S rrE- ?c-4'-' 8-26-94
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NOTES:
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1. Reciprocal easement & Joint
use $ maintenance agreement
to be recorded with survey map. _
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2. Applicant to provide new water L----: T.L. 4001 c-
and sewer service to T.L. 4000 v
existing Existing Lot Line -
residence & I-, - 0
existing services ---__ 0 10' wide , o
to be us d for Existing ' v , - common driveway o 1 .Parcel 2 `
residence o
o - '' ,` 3 `* to
85'
Proposed Lot Line a ra
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PARCEL 2
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S. W. 7 4 th A V E N U E
LOT LINE ADJUSTMENT
Tax Lots 4000 and 4001, Map IS1 25DB
Property Owners:
T.L. 4000 T.L. 4001
John R. & Doris McCreary John R. & Doris McCreary
9640 S.W. 74th Ave. 9460 S.W. 74th Ave.
Tigard, Oregon 97223 Tigard, Oregon 97223
•
• :
PROPOSAL DESCRIPTION
FILE NO: MIS 96-0008
FILE TITLE: MCREARY
APPLICANT: John McCreary OWNER:Same
9460 SW 74th Avenue
Tigard,Oregon 97223
REQUEST: A request for a Lot Line Adjustment approval to adjust two parcels of
approximately 12,196 and 18,295 square feet into two parcels of approximately
21,991 and 8,500 square feet.
APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.50, 18.162.050,
18.162.060.
LOCATION: 9605 SW 74th Avenue (WCTM 1S1 25DB, tax lot 4000) and (WCTM 1S1 25DB,
tax lot 4001). South of SW Elmwood Street and north of SW Barbara Lane.
ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single family residential
units, public support facilities, residential treatment home, farming, manufactured
home, family day care, home occupation, temporary use, residential fuel tank, and
accessory structures.
CIT: East
CIT REPRESENTATIVE: Joel Stevens
PHONE NUMBER: 293-1254
CHECK ALL WHICH APPLY:
X STAFF DECISION COMMENTS DUE BACK TO STAFF ON 1994
PLANNING COMMISSION DATE OF HEARING: TIME:7:30
HEARINGS OFFICER DATE OF HEARING: TIME:7:00
CITY COUNCIL DATE OF HEARING: TIME:7:30
ATTACHMENTS
_ VICINITY MAP _ LANDSCAPING PLAN
_ NARRATIVE _ ARCHITECTURAL PLAN
X SITE PLAN OTHER:
STAFF CONTACT: William D'Andrea -639-4171
• •
.. .
A
I v,illU
City of Tigard,Oregon
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington )ss.
City of Tigard )
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say:
that I am an Administrative Specialist II for The City of Tigard, Oregon.
O That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR:
{cheek box above,If applicable} {check appropriate box below) (Enter Public Hearing Date above)
❑ City of Tigard Planning Director
O Tigard Planning Commission
❑ Tigard Hearings Officer
O Tigard City Council
137 That I served NOTICE OF (AMENDED 0) DECISION FOR:
(Cheek box above,If applicable) City of Tigard Planning Director
❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR:
{cheek box above,if applicable} (check appropriate box below)
O City of Tigard Planning Director
❑ Tigard Planning Commission
❑ Tigard Hearings Officer
O Tigard City Council
❑ That I served OTHER NOTICE OF FOR:
A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTI E OF FINAL ORDER/OTHER NOTICE(S)
of which is attached, marked Exhibit "A", wa „,riled to each name. :
• • EXIII 011 A
•
NOTICE OF DEC` I N<'
>LOT LINEADJUSTME 1 .ii
;
:.;. .:.:.:.::::...:.::..... ..... .:..:. .:...:.:::.::.
C
•
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: MCCREARY
Lot Line Adjustment MIS 96-0008
•
PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust two
parcels of approximately 12,196 and 18,295 square feet into two
parcels of approximately 21,991 and 8,500 square feet.
APPLICANT: John McCreary OWNER: Same
9460 SW 74th Avenue
Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low.
ZONING •
DESIGNATION: R-4.5 (Residential, 4.5 units per acre). •
LOCATION: 9605 SW 74th Avenue; (WCTM 1S1 25DB, TAX LOT 4000 and 4001).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.50, 18.162.050,
18.162.060.
SECTION II: DECISION: •
Notice is:hereby:given that'the City of Tigard Community Development Director's designee
has`APPROVED'>the
.above.re west`"siabectfo' ` '
certain.cord . .`: >>
.::.:::..:. .......
rttons
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 1
• •
CONDITIONS OF APPROVAL
PRIOR TO THE RECOR ING•OF THE LOT LINE:ADJUSTME•.- THE'FOLLOWING:;
111 :< "' ;;CONDITIONSSHALLBE SATISFIED:::::>. : . :::
• f
Unless:otherwise:;noted the.staff::contact :hall:be Will D'Andlrea <; ..
,.. Planning.,Department 503: ::639-41:71:
........... . .
1. A revised site plan shall be submitted that shows the existing house in compliance with
setback standards. The setback from the existing house to the property line of parcel
2 shall be a minimum of 15 feet. Revised area calculations shall also be submitted
with the revised plan. This plan shall also show the locations of existing utilities and
the provision of easements where the utilities cross parcel 2.
2. A reciprocal easement and joint use and maintenance agreement shall be recorded
with the approved lot line adjustment survey map.
3. Plans approved be Tualatin Valley Fire and Rescue. Access drives in excess of 150
feet shall provide for an emergency vehicle turnaround.
4. A revised site plan shall be submitted that indicates some form of screening along the
west property line, adjacent to lot#7.
5. 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. Staff Contact: Brian
Rager, Engineering Department (639-4171).
THE •FOLLOWING:CONDITIONS::SHALL BE'SATISFIED: :;: :•
TO.THE ISSUANCE OF BUILDING:PERMITS::: `> . .::
6. Obtain a street opening permit from the Engineering Department prior to doing any
work in the public right-of-way.
H
SECTION III: BACKGROUND INFORMATION
Site History:
In 1994, a Lot Line Adjustment (MIS 94-0017) was granted to adjust two parcels of
approximately 12,196 and 18,295 square feet, into two parcels of 8,276 and 22,215
square feet. The 18 month approval period expired prior to the applicant recording the
adjustment, therefore, the applicant is making a new application. No other development
applications were found to have been filed with the City.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 2
• •
Vicinity Information:
The surrounding properties to the north, south, and east, are zoned R-4.5 (Residential, 4.5
units per acre). Properties to the west are outside the jurisdiction of the City of Tigard.
The area is predominantly developed with single-family residential development.
Site Information and Proposal Description:
The properties are currently developed with one single-family residence. The applicant
proposes to adjust two parcels of approximately 12,196 and 18,295 square feet into two
parcels of approximately 21,991 and 8,500 square feet.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Lot Line Adjustment -Approval Standards: Section 18.162.060 contains the following
standards for approval of a lot line adjustment request:
1. An additional parcel is not created by the Lot Line Adjustment, and the existing
parcel reduced in size by the adjustment is not reduced below the minimum lot
size established by the zoning district;
2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation
of the site development or zoning district regulations for that district; and
3. The resulting parcels are in conformity with the dimensional standards of the
zoning district.
The proposed lot line adjustment is consistent with these standards. The proposed
adjustment will reconfigure the lot lines, however, an additional parcel will not be created by
the adjustment. Both lots will meet the 7,500 square foot minimum lot size and the 50 foot
average minimum lot width requirements of the R-4.5 zone. All site development
improvements applicable to parcel 1 will remain consistent with Code requirements.
Development improvements on the proposed parcel 2 will be reviewed when it is developed.
Special Provisions for Lots Created Through Partition Process: Section 18.162.060
states that in addition to meeting the above standards, a Lot Line Adjustment must
also meet the following criteria applicable to lots created through the Minor Land
Partition process:
1. Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 3
•
2. Lot Area: The lot area shall be as required by the applicable zoning district. In
the case of a flag lot, the accessway may not be included in the lot area
calculation.
3. Lot Frontage: 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.
4. Setbacks: Setbacks shall be as required by the applicable zoning district.
5. Front Yard Determination for Flag Lot: 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.
6. Screening on Flag Lots: A screen shall be provided along the property line of a
lot of record where the paved drive in an accessway is located within ten feet of
an abutting lot in accordance with Sections 18.100.080 and 18.100.090.
Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
7. Fire Protection: The fire district may require the installation of a fire hydrant
where the length of an accessway would have a detrimental effect on fire
fighting capabilities.
8. Reciprocal Easements: Where a common drive is to be provided to serve more
•
than one (1) lot, a reciprocal easement which will ensure access and
maintenance rights shall be recorded with the approved partition map.
9. Accessway: Any accessway shall comply with the standards set forth in
Chapter 18.108; Access, Egress, and Circulation.
10. Floodplain: Where landfill and/or development is allowed within or adjacent to
the one-hundred-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the floodplain.
This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian/bicycle pathway plan.
Criteria 1 is satisfied as the minimum lot widths of parcel 1 and 2 are 100 and 85 feet
respectively, thereby, exceeding the 50-foot minimum lot width. Criteria 2 is satisfied as the
lot areas are approximately 21,991 and 8,500 square feet, exceeding the minimum 7,500
minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 15
and 85 feet of frontage on SW 74th Avenue, satisfying the minimum 15-foot, minimum width
requirement. The proposed site plan will not satisfy the setback standards on parcel 1. In
the case of a flag lot, the owner can determine the front yard so long as no side yard is not
less than 10 feet. In this case, the applicant can choose to call the south property line of
parcel 1 either the front or rear yard, with a corresponding 20 or 15 foot setback,
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 4
• •
respectively. Either setback would enable parcel 2 to exceed the minimum lot size of 7,500
square feet. A revised site plan shall be submitted that shows the existing house in
compliance with the applicable front (20') or rear yard (15') setback, thereby, satisfying
criteria 4. Revised area calculations shall also be submitted with the revised plan. Criteria 4
shall be satisfied on parcel 2 as setbacks will be reviewed when it is built upon.
Front yard determination on parcel 1 shall be determined when the applicant submits the
revised site plan. Criteria 5 is not applicable to parcel 2 as it is not a flag lot. Criteria 6 will
be satisfied as screening will be required along the property line of parcel 1, adjacent to lot
7, in accordance with Community Development Section 18.100.080 and 18.100.090. Fire
hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7.
Southwest 74th Avenue is designated as a minor collector street on the Comprehensive
Plan Transportation Map. The City limits the number of individual driveways that directly
access such collectors. The adjusted parcels will share the proposed driveway. A
reciprocal easement and joint use and maintenance agreement shall be recorded with the
approved lot line adjustment survey map, thereby, satisfying criteria 8. Criteria 9 is partially
satisfied as the plan provides for a common drive with a minimum 15-foot access width, with
a minimum pavement width of 10 feet. In addition, access drives in excess of 150 feet in
length shall provide for an emergency vehicle turnaround. This access shall be a level,
hammerhead-configured, paved surface, with each leg of the hammerhead. having a
minimum depth of 40 feet and a minimum width of 20 feet. The applicant shall provide an
approved plan from Tualatin Valley Fire and Rescue. Criteria 10 is not applicable as neither
parcel is within the floodplain.
SECTION V: OTHER STAFF COMMENTS
The City of Tigard Engineering Department and Building Division have reviewed the
proposal and have offered no comments or objections. The Engineering Department will
complete a detailed review of the submitted Lot Line Adjustment survey map and legal
descriptions prior to recording of the Lot Line Adjustment.
SECTION VI AGENCY COMMENTS
Service providing utilities will have the opportunity to review the proposal and decision
within the 10 day appeal period and may request reconsideration of the decision if it may
adversely affect the utility's or fire district's abilities to provide service to the subject
properties or the neighboring properties.
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 5
• •
SECTION VII: PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
;:: THE DECISION'SHALL<BE :FINAL ON:: :1?>;;:> 1996•• 'UNLESS AN APPEAL IS FILED. <> :> > < `` ` <»::: :..
Appeal:
Any party to the decision may appeal this decision in accordance with Section
18.32.290(A) and Section 18.32.370 of the Community Development Code that provides
that a written appeal must be filed with the City Recorder within 10 days after notice is
given and sent. The appeal fee schedule and forms are available from the Planning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
• THE:DEADLINE FOR FILING OF<AN APPEAL.IS.3:30.P.M.:ON <•• >17':>: 1996.:
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.
GV� �1�.►ri�i�a May 31. 1996
PREPARED BY: William D'Andrea DATE
Assistant Planner
n �
f May 31. 1996
APPROVED BY: Richard Bew-.--orff DATE
Planning Manager
I:\CU RPLMPATTYM IS-DEC.DOT
NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 6
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O PHELAN,PATRICK F AND
ARRUFAT DEBRA J
PORTLAND,0 SW ELMWOOD
OR 97223
• •
LOT LINE ADJUSTM&RT APPLICATION
CITY OF TIGARD, 13125 SW Hall FOR STAFF USE ONLY
Tigard, Oregon- 97223 - (503)-639-4171--------- � S O- C7r
CASE NO.
1. GENERAL INFORMATION :.: OTHER CASE NO'S: TA .
--- - --
RECEIPT NO. -Z 3
PROPERTY ADDRESS 9605 S.W. 74th Avenue DATE: 0'Ti - •
MAX MAP AND LOT NO. 1S1 25DB, T.L. 4000 - _ :.. .... . _.:
.�.., John R: ? ..Doris .' _ . L McCreary Application elements submitted:
PROPER__ CWNE.QS
ADDRESS 9460 S.W. 74th AvenuePHOto 246-6259 - (a) Application fora (1)
_ (B) Owner's signatures /
CIT. Tigard, Oregon z I 97223 -
written authorization
PARCEL 2 (C) Title transfer .instrmt A
PROPERTY ADDRESS No Site--Address - -
(1).' . ..--TAX 1S1 1S1 -25DB,--T.L. 4001
TAX AND LOT NO. . .
John R. Doris$ L. McCreary (E) Prel inar- Sao
PROP T° OWNERS ( j copies)
ADDRESS • 9460 S.W. 74th Avenue PHONE 246-6259 _ • •
CI:..; Tigard, Oregon Zh 97223 .- -
(G) Filing fee ($',5b)
APPLICANT'*/AGENIT • .- _
• DATE DETERMINED TO BE COMPLETE:
ADDRESS PHONE
CITY ZI? FINAL DECISION DEADLINE:
=When the owner and the applicant are different COMP. PLAN/ZONE DESIGNATION:
the applicant must be the purchaser of record
or a lease in possession with written authorization
from the owner or an agent of the owner with w-' -ter. N.P.O. NURSER:
authorization. The cwrer(s) must sign this
a;p' -,-4en in the space provided on _age two or Planning Director Approval Data
sunmit a written authorization with this application.
2. PROPOSAL SUMMARY
The owners of record of the subject rro_e—v Final Approval Date:
rec.:est ter mission to adjust 2r
(num er) Planning:
a=cels of 0.28 acres and 0.42 acres . Engineering:
(acreage cr square footage)
into 2 parcels of 0.19.- and 0.51 . Date Recorded and Number:
(::inner) (acreage cr square footage)
•
•
• •
•
3. List any variance, conditional uses, or other land use actions to be considered
as part part-of-this-application: - none`' - '"
4. Applicants: " To' have. a 'complete application you will need to submit attachments
described described in the attached information sheet at the time you submit .this
--- - application:'
..__ - application:'
5. T33 APPLICANT(5) SHALL C3RTIPY THAT:
A. The above- request does not violate any deed restrictions that may be
attached to or imposed upon the sub-fect property. '
B. If the application is granted, the applicant will- exercise the rights
granted in accordance with the terms and subject to all the conditions
• and limitations of the approval.
C. All ' of the -above statements and the statements -in the plot plan,
attachments, and exhibits transmitted— herewith,---are• true; and the
- applicants so - acknowledge that - any permit issued, - based . on _ this
application, may be revoked -if it is found that any such statements are
false. -
•
D. The applicant has read the entire contents of the application, including
the policies and criteria, and understands the requirements for
approving or denying the application.
DATED this day of 19__
SIGNATURES of each owner (eg. husband and wife) of the subject property.
•
r _ _
CiFY or TI Fl!) - OF PAYMEN1 RF:CLIPI NO. r96-ii4
CHF-.CK MUUNT 1
3 DOHME, KENNEYH W COSH AMOUN4 2 ( 1
;1JDREi-iS DAHMF, Lfh;O PAYMEN1 VNIE
101. b SW 7i:::ND AVE SOBOIVIsION
IJUHRO ON 97i3-
PORAJohiL. OF PAYrWNT ANOON1 Pi-00 PURPOsi- Oh- PAYMENI ANooNt Polo
LAND USE APPL
•
NIS96-0008 LOT LINE ADJUSIMLNT
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Tax Lots 4000 and 4001, Map 1S1 2508
Property Owners:
T.L. 4000 T.L. 4001
John R. & Doris McCreary John R. $ Doris McCreary
9640 S.W. 74th Ave. 9460 S.W. 74th Ave.
Tigard, Oregon 97223 Tigard, Oregon 97223
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Tax Lots 4000 and 4001, Map 1S1 25DB
Property Owners:
T.L. 4000 T.L. 4001
John R. $ Doris McCreary John R. & Doris McCreary
9640 S.W; 74th Ave. 9460 S.W. 74th Ave.
Tigard, Oregon 97223 : Tigard, Oregon 97223
County of Washington t SS
)?1
•
I, Jerry ,. -'ansctoh• v •j of Assess-
ment an• ,axafion_rr••__,,' o County
Q Clerk for =: 9 •s; :r.}a• = t rtify that
When recorded return to: mffiV ' (11.. ; . eceived
Space reserve thew � �< < .
John R. McCreary ' and re••rcTed' t, o- orb f said
9460 S.W. 74th ) county - * It* ,�j: *
r .
Tigard, Oregon 97223 ) v ;,�; � • i
)
Until further notice, send ? a '
- �� �an¢o ,. erector of
all tax statements to: ) • =ssm �• fixation,Ex-
John R. McCreary ) • ' :• • A� Jerk
9460 S.W. 74th ) Doc : 95064742
Tigard, Oregon 97223 ) Rect: 150591 43. 0
09/13/1995 10: 53: 04AM
BARGAIN AND SALE DEED
FRANCES M. McCREARY, Grantor, hereby conveys to JOHN R.
McCREARY and DORIS L. McCREARY, husband and wife, Grantees, the
real property described on the attached Exhibit "A" .
Together with any and all improvements, fixtures, appur-
tenances and easements connected or related to the property, free - -
of encumbrances except those encumbrances of record.
The true consideration for this conveyance is the sum of ZERO
AND NO/100ths Dollars ($0. 00) and other good and valuable
consideration. However, the actual consideration consists of or
includes other property or value given or promised which is the
whole consideration.
} THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR
FOREST PRACTICES AS DEFINED IN ORS 30.930.
WITNESS the hand of said Grantor this / 1 day of September,
1995.
GRANTOR:
-
Frances M. McCreary
[Notary follows on next page)
1 - BARGAIN AND SALE DEED
3
nr
a z
STATE OF OREGON )
) ss.
County—of Washington)
On September / 1 , 1995, personally appeared Frances M.
McCreary, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the
same, and that by her signature on the instrument the person
executed the instrument as her voluntary act and deed.
•� . OFFICIAL SEAL o ry lic for ff ego
txtmerrE FERCUSSON My Commission Expires: / •a9. L} �f
V NOTARY PImUC-OREGON
COMMISSION NO.030552
MY COMMISSION EXPIRES DEC 29. 1997
}
2 - BARGAIN AND SALE DEED
Cog
• EXHIBIT A •
•
The South 70 feet of the East 175 feet of the North one quarter of
Lot 27 Tract 1, Boulevard Heights, Washington County, Oregon.
•
•
•
•
•
F'S ,
3 - BARGAIN AND SALE DEED
•
•
•
•
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