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MIS2001-00021 r t' NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2001- 00021 , ° CITY OF TI•ARD MCCLINCY LOT LINE ADJUSTMENT Community Development Shaping A Better Community 120 DAYS = 11/09/01 SECTION I. APPLICATION SUMMARY FILE NAME: MCCLINCY LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2001-00021 PROPOSAL: The a plicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots.adjust #1 of .31 acre will become .42 acre. Parcel#2 of.26 acre will become .15 acre. APPLICANT: Spencer Vajl, Planning Consultant 4505 NE 24 Portland, OR 97211 503-281-8245 OWNER John and Barbara McClincy OWNER Same PARCEL 1: 5310 SW Iowa Street PARCEL 2: Portland, OR 97221 LOCATIONS: PARCEL 1: WCTM 2S109AD,Tax Lot 09700 (14621 SW 126th Ave.) (.31 acres) PARCEL 2: WCTM 2S109AD,Tax Lot 09800 (14601 SW 126th Ave.) (.26 acres) COMPREHENSIVE 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 ermitted 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 the above request subject to certain conditions of.approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2001-00021—MCCLINCY LOT LINE ADJUSTMENT CONDITION OF APPROVAL') ''` PRIORTO THE RECORDING OF THE LOT UNE ADJUSTMENT,THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE BRAD KILBY IN THE PLANNING DIVISION AT 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the west side of SW 126th Avenue off of Bull Mountain Road. City records show that the lots were created by Minor Land Partition file MLP97- 0017 and recorded as Plat #2000-66 in Washington County records. (PRJ2001-00527). No other records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of .31 acre will become .42 acre. Parcel #2 of .26 acre will become .15 acre. 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 requirement of 5,000 square feet for single family detached units. The existing lots will be well within 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; Reducing the size of the smaller lot and increasing the size of the larger lot will not cause a violation of the site development or zoning district regulations. There are no structures currently on the lots, and the lots are large enough to accommodate homes with the appropriate setbacks. This standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2001.00021-MCCLINCY LOT UNE 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. Both lots will still meet the minimum standards of the R-7 zone as they apply to width, frontage, and setbacks. There are no flag lots associated with this proposal. 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. 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. 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: NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2001-00021-MCCLINCY LOT LINE ADJUSTMENT • • - . 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, 2001, AND BECOMES EFFECTIVE ON JULY 14, 2001. 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. Aecswe 07/13/01 PREPARED BY: Brad Iby DATE Associate Planner 07/13/01 APPROVED BY: Richard B:17; sdorff DATE Planning -nager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2001-00021-MCCLINCY LOT UNE ADJUSTMENT tit irmip , .■■■.w �� CITY of TIGARD orf F GEOGRAPHIC INFORMATION SYSTEM T, Mai. SW CHANDLER DRIVE_ VICINITY MAP AVAIII �' MIS2001-00021 I . S MCCLINCY LOT ■ IIIII . .�:7011"kal m LINE ADJUSTMENT P111111111W I. m Q ,.:Ill w 0-4 T i mg' —1111 Pco: CT im mi • all 141 ' 2 SUBJECT LOTS w 111 Le- - / w . BI:. IE . \\`:�� a w MO r, ., ...iiiii . . . NM III _ SW WINTERVI W DR I Nil Iii .,� 1 • ` 4 N illirc,.` � I I 0 100 200 300 400 500 Feet Ir 1111011.■ �.;� 1"=378 feet A. ,..v.,,,,il ` R qi jut= City of Tigard 1". Information on this map is for general location only and should be yenned with the Development Services Division. I 13125,SW O H 9ll Blvd all ' Tigard,OR 9171 (503)639-4171 http://www.ci.tigard.or.us _-�- Plot date:Jul 12,2001;C:\magicWIAGIC03.APR Community Development 0 . • —...._. _.--4. / ` LOT 4 ` / 1 I I P - LOT 7 \ , / G I / (PM 1 S 89'51'42' W 125.91' • ¢ I • • . —r MARIAM EASOIENT 24' I LOT 3 Z tPARCE1•a Ca 1-1-.1) „..s.:R�a1S •I 0 8.610.3 SQ. Ft 0 Rws g , V • I CI S 89'51'42' W / 125.91'r. ' 0 N /'`�uE (9 T 0.b tcT LRNE I Z II S 89'51'42' W 125.91' X 7 g 9 89'51'42” W-pH RCEL I vc1R5i91+i 1 I LOT 2 Z 12' -2- 1 $ 18.888.5 SQ.Ff. $ 25' I 25' Q 1 DID- ..".I '/ TvRw,6�RRlOUS I SCALE 1"=40' .a. 89 �/ ONE14'IROED12' jk Q 4 tY c./ 5 89'51'42" W 125.91' �� cfmiti-gt4% 'A Q •low. I— — CLUMP OF TREES us I 3 v1 O b N S 89'51'42" W.N 125.91' 1 /1 I d Lor 1 0 V. .� —I F 0 I >— ' I— 's PROPOSED LOT UNE ADJUSTMENT 1 AREA 13,820 so. +/ g I —RC 6. OF PARCELS 2 & 3 OF PARTITION 0 PLAT 2000-066 • Q= °e I a T X106' I N.E.1/4 SEC. T23 RflY,M61 OF PARCEL 1 taannia —— WA91N01XN COUNTY.OREGON . r I PREPARED 07/03/b1 j 96,4 '° --= - - - - S 66'0912 W • es a .,t ( I rvi DI Lawn) AND ASSOCIATES SITE PLAN • t MCCLINCY LOT LINE ADJUSTMENT EXHIBIT MAP N MIS2001-00021 {map is not to scale) • • LOT LINE ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX.(503).684-7297 GENERAL INFORMATION Property Address/Location(s): /UorTP o f- 14 3 i 5(J !2-6—1 Tax Map&Tax Lot#(s): <, 5 1 OG1 A 707, 47,7210 FOR STAFF USE ONLY Site Size: a5444 .F- vf, i Case No.(s): I`4 i6ao0{ -t t Property Owner/Deed Holder(s)*: (Attach list if more than one) Other Case No.(s): �_ _L r_Z6Of-( tog Address:�.3/D .. ' .�a e'Cc, r - F ' City/State: Zip: q Receipt M . ane - 1`5,,D\ _ , f # D Zi 7z2 / a ,. Primary Contact: / Application Accepted y: j., Phone: cc)3 - 2-44, 3 ii q Fax: Date: WM of PARE.EO` Date Determined Completer Property Address/Location(s): Rev.3/5/2001 is\curpin\masters\revised\llaa.doc Tax Map &Tax Lot#(s): S IOq A 0 TL cl 200 Site Size: Property Owner/Deed Holder(s)*: (Attach list if more than one) Address:.53 le, + t0a—.Si. REQUIRED SUBMITTAL ELEMENTS City/State: .��/��X ��Pi Zip: 4 7�7./ (Note: applications will r� be accepted / without the required submittal elements) Primary Contact: Phone: Fax: Applicant*/Agent: Q Application Form Address: •- - • • /(r L. 'l',44/A1 , S-u/„ 12 Owner's Signature/Written Authorization City/State: 5e,1 . Zip: 03/_,x, Z f1 B Title Transfer Instrument or Deed Primary Contact: a Preliminary Map (6 copies) Phone: 5'3 — 1--.22-45- Fax:S2 z 4 ASS ' • © Site/Plot Plan (6 copies) _._ e Site/Plot Plan (reduced 8'%"x 11') *When.the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written , e Applicant's Statement(6 copies)' authorization from the owner or an agent of the owner. The owner(s) a Filing Fee (City) $100.00 must sign this application in the space provided on the back of this (Urban) $236.00 form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: parcels of Inn and l447 L2J (number) (acreage or square footage) into parcels of aagf6- and 66 1063 3 (number) (acreage or square footage) • • List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: M-Or A.12-- K a 00 .-fy APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • 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. • 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. • 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. - SIGNATURES of each owner of the subject property. DATED this_- -eay o jd-fyi ,2C P t ��c cti`ec� G �vn f S Hi9 (\%:- \ Me.&/'4 //"Wi t c VIA C-6Q O � 1!?l s /�Cd cis Sig■ature Owner's Signature Owner's Signature Owner's Signature Receipt #: 27200100000000002852 cc_..���� //��...DD Date: 07/11/2001 TI DOTER SYSTEM Line Items: Case No Tran Code Description Revenue Account No. Amount Due MIS2001-00021 [LANDUS]Lot Line Adjustment 100-0000-438000 $100.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check JOHN J. MCCLINCY 0 762 0 $100.00 + TOTAL AMOUNT PAID: $100.00 P IS ; Vie 7 c2�CD7 ", Gl TE OF OREGON O I 1 67 (-7i--c- J unty of Washington I SS I, Jerry r - ��..�._. �+► - of Assess- Title Order No 01191759W This; ment and. ,-� :�: , =+�,• ;0;; o County Clerk for : '_^�+► ``` •��� •,.rtify that Do Escrow No. the with', ;• =...F•` ,+ eceived• and r=--; :: '� ;..:;.:`.:. rr::,.`a :Of said -After Recording Return To COUnty '4; DDD John McClincy tit t �• `; j 5310 SW Iowa St *. _'� ," Portland,-OR 97221 - `- --------•- - -- \. - �».•,.`, 'rector_of 2S 19AD-09700/09800 ` = , axation,Ex- Until a change is requested all tax statements shali•be sent to the following • ` •.n'•_..:. lark address: Doc : 2001015916 John McClincy Rect: 273314 272. 00 5310 SW Iowa St 02/28/2001 09: 28:09am Portland,OR 97221 Name,Address,Zip STATUTORY . • • • BARGAIN AND SALE DEED • . ALDORA N. PARSONS,Grantor,conveys to Barbara Ann McClincy and John J McClincy, Co-Trustees for the BARBARA ANN McCLINCY TRUST, dated August 4, 1992, Grantee, the following described real property situated in Washington County,Oregon,to-wit: Parcel I: A parcel of land being a portion of Parcels 1 and 2, PARTTIION PLAT 2000-066, in the Northeast one quarter of Section 9, Township 2 South,Range 1 West,of the Willamette Meridian,in the City of Tigard,Washington County,Oregon,being more particularly described as follows: _ Beginning at the Northwest corner of Parcel 2, PARTITION PLAT 2000-066, recorded August 15, 2000 as Fee No. 2000064964; thence-South 00°04'04"_West, 109.50 feet along the West line of said PARTITION PLAT; thence-North• 89°56'34"East, 125.87 feet parallel to the North line of Parcel 2 to the West right of way line of SW 126th Ave.; thence North 00°06'05"East,a distance of 109.50 feet along the West right of way line of SW 126th Ave.to the Northeast corner of Parcel 2; thence South 89°56'34"West, 125.93 feet to the point of beginning. RESERVING THEREFROM a driveway easement over and across the South 5 feet of the above described parcel. Parcel II: Parcel 3,PARTITION PLAT 2000-066,in the City of Tigard,Washington County,Oregon. 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. The true consideration for this conveyance is$250,000.00. (Here comply with the requirements of ORS 93.030) Dated this 27th day of February, 2001. RECORDED BY PACIFIC NN TRIE AS AN ACCONIOIW1011 -•-- - - -- - ONCE NO L A8IM IS ACCEPTED FOR THE CONDITION_ __-- Of TITLE OR FOR THE VALIDITY SItfFICIENCX OR • - EFFECT OF THIS DOCUMENT 2.2• • - Aldora N. Parsons ..•.. -� WASHINGTON C01,1N-r f Ax PEAL PROPER1�Y I RA0SFE l STATE OF OREGON ^' Coun ty of Washington FEE PAID DAT • • APPLICANT'S STATEMENT This is a request for a lot line adjustment between Parcels 2 and 3 of Partition Plan 2000-066. It is proposed to move the common lot line northward to a point 52.5 feet from the north line of parcel 3. This shift will increase the lot size of Parcel 2 from 13787 sq.ft. to 18,886.5 sq.ft. feet and decrease the lot size of Parcel 3 from 11710 feet to 6,610.3 feet. Parcel 3 will be a buildable lot as it meets the dimensional requirements of the underlying zone. Parcel 2 will be the subject of a three lot partition upon the approval of this Lot line Adjustment request. See case file MPL 2001-00008 and the attached June 22, 2001 letter from Brad Kilby, Associate Planner. 3 plans are attached; the two parcels as they exist now; how they would appear after the lot line adjustment and the lots after the minor partition of Parcel 2. If there are questions or if additional information is required, please contact: Spencer H, Vail, Planning Consultant 4505 NE 24th Portland, OR 97211 503-281-8245 RECEIVED PLANNING JUL 11 2001 CITY OF TIGARD , June-22,2001 _ diiuvli��m10�1 "�1• • SFencer:.'; •. =-:�•:::: ..: •- .: _ _ . .. _-_ _. . _ . p. , Vaily_•Planning.=Consultant ,, °L . 4505.:N1, 24'E` h CITY OFD�TI...I . Portland; `OR 972:1-1 • • ' • OREGON RE: .:114c;Clihcy-M nor•Land Pa Partition Application . .. •:='MLP:2001:-000.08 - -Incompletenesaetter Dear Mr. Vail; ' • The.;Cit ,of::Ti `ard--received. our..'6 �:lication ;submittal .for';a-;Minor Land:'Partition-,onV'Ma 9 •. Y.. ...: .:.i?p:-,:.:,:,-: Mays 31; 2001: Tje development;:;site is located at'2;S:109AD, Tax:Lot°s.9700-an'd;:9800. This ;letter is to p : . . inform you that your application was_deemed:incomplete. In fact;,:yourrequest to'create four lots would-be classified :as a ,Subdivision;rather:than :a Minor-,Land Partition: Oregon Revised Statute, Chapter 92,::defiines a`Minor Land'Partition as"th-e creation of'three-'or fewer parcels in • any'calendar year. . p,.. pp .; s ,•Your o-•ions are, to .eithe'r:submit an'a., lication `for a Sutid.:,,.. n:under. Tigard Development Code (.TD ) Chapter;18.4.30, submit_,two :individual- applications',for,Minor•_Land::Partition under TDC Chapter,.1"8 420;(one"fo(each-lot.that is under:the McClincy's ownership),-or:complete a Lot-L►ne'-Adjustment•:prior to a Minor'.land Partition on=the-remainder'dtthekit: . • In any case; the application that was 'submitted:was deficient of the following items, and•any . new application must<incl tide the•items to-be deemed complete. • The impact'study should include`information,regardin"'•�;the_:impacts to bikeway s --, arks 9 p Y , p , and"drairiada:fabiilities. •A:::tree :surveY;is-,reauired..to address impacts.and'..identi.y;mit . .. '• • p fy igation.measures;to those trees that exceed twelve;inches`in diameter. -Any trees over six inches'.in"diameter•must . be Identified: The:::survey r must be,completed :by• a;.certified: arborist-and -meet' th"e :standards--se •-forth in=TDC,-Chapter 1:8:790 . Shod y.o. .u, decide-to pursue a:-subdivisio ; .a neighborhood meeting:wilt: be required u , • u n .•prior to submittal`and aceptance.of_theapplication. • have enclosed.;-applications for.both, a :Minor. Land Pai'tition;;and:a Subdivision`.in -addition to some information to help you prepare for the-"neighborhood meeting,-.and am willing=to:assist you in any..:way:possible: If you:•have..any:questions, please contact-me'at (503) 639-41`71, x388: . . •• Si4; • • .e'"ely, _ . Brad`Kilb . Y . Associate`Planner • 13125'SW HOIlBivd.; Tigard; OR:.97223"(503)'639.4171 -TDD (503) 684-27:72: - JUL-10-2001 18:12 .DI LORETO AND ASSOCIATES • 503 774 9686 P.01 LOT 4 LOT 7 \ 1 G- \ / / I r J S S"51'42' W 125.91__...,..__.._�...,/, LOTS 420 PARCEL 3 $ CO ) g MCA- 11,710 S4 ate/- Q CV 11 g S 139"31'42' W 125.91r LQT2 se sr 11 I PARCEL 2 4) / -j AREA I. 'LUC SQ. FT.4/-• dr- 0 ts" 1 <6 (a) al 4S LDoT 1 to V MOW UMW a V 5 8911'42' W. trim* —— — .u'e IMP--— —sue—— — EXISTING PARCELS 1 & 2 OF it _ PARTITION PLAT 2000-066 0 AS OF 06/15/01 Q MX 1/4SEC.ak1ssmw RAI L w um sa >- +/ a+WP, 0123/00 Ce ,r '- , Q T�10.06'simp 1 PARCEL 1 ,� SCALE 1"� ,q 0• 1 99.06' .�-: s W g FM DI WRIE10 ANDr oaA1ES r s vi. mss. 1lOUNTNN ROAD co�.�OWL eil�@1a MUM OR WW1 pa mwore Tarr prq minim imottelmorsol swum TOTAL P.01 • • \ LOT 4 LOT 1 1 / G 1 / F 'a 1 S 89'51'42" W 125.91' R `' I �. I I DRAINAGE EASEMENT 24' LOT 3 CONIFER• S • 1 PARCEL,a Gar LL.P1 ,.. :''4 6.810.3 SQ. Ft.O CoNIFE IOUs 1 IC) S 89'51'42" W / 125.91' 1 O NE� I L - ,A • O L.uE _ N 1—alb L�DT LME 1 S 89'51'42" W 1-25-9-1' X I 1 5 89'51'42" W 25.91' - I coR Li-� 1 LOT 2 12' .BARGED $ D Ous 18.886.5 SQ.FT. g 25 I 25' 0 18' 1 VUOUS WN DUOUS I SCALE 1"=40' 2 k W DECIDZous ONE 14' do ONE 12" 1 " 125.91' 12'Ai S 89'51'42 W ONIFER ER4 A I ' i� � I / CLUMP OF TREES C—�fR• s vi o _w'7 _4'1ER Y G_1Qt_, _ _ -' _ 1 b V S 89'51'42" W. N 125.91' 14 LOT 1 0 \--,...:." 1C.) 1 34.6' I 1 • PROPOSED LOT UNE ADJUSTMENT AREA - 13.820 SQ. Ft+/ I- - 1 OF PARCELS 2 & 3 OF PAR11TION Ce PLAT 2000-066 � _ 30.00' L - 45.11' 1 I N.E. 1/4 SEC. 9. T2s RIW, Wu T- vi a' I QTY OF 710ARD PARCEL 1 Ham ° ---- WASHINGTON COUNTY, ORE°tN ' 1 PREPARED 07/03/01 E L _ _ - 98 14' 1 - -- - IS 88'0912 VV E+ O 1 o I'.; I 13:71 DI LORETO AND ASSOCIATES • mi DI LORETO & A SOCIATES Consulting Civil Engineers 3736 S.E.70th•Portland,OR 97206•(503)771-8475•Fax(503)774-9686 Boundary descriptions of lot line adjustment between parcel 3 and adjusted parcel 2 of partition plat 2000-066 as recorded as document # 2000064964 . Prepared 07/03/01 By DI LORETO AND ASSOCIATES 3736 S.E . 70th Ave . Portland, OR 97206-2522 Ph . 503. 771 . 8475 fax ph . 503 . 774 . 9686 A new description for parcel 3 of partition plat 2000-066 in the Northeast one quarter of Section 9 Township 2 South , Range 1 West of the Willamette Meridian as recorded in document # 2000064964. Beginning at the northwest corner of partition plat 2000-066 in the Northeast one quarter of Section 9 Township 2 South , Range 1 West of the Willamette Meridian as recorded in document # 2000064964; thence S00°00 ' 00"W a distance of 52 . 50 feet along the west line of the above described partition plat ; thence N89°51 '42"E a distance of 125. 91 feet parallel to the north line of said partition plat to the west right of way line of S.W. 126th Ave. ; thence N00°00 ' 00"E a distance of 52 .50 feet along the west right of way line of S.W. 126th Ave . to the northeast corner of said partition plat; thence S89°51 ' 42"W a distance of 125. 91 feet to the point of beginning. Containing 6 , 610 Square feet, more or less . The bearings for this description have been taken from partition plat 2000-066 . A new description for parcel 2 and part of parcel 3 of partition plat 2000-066 in the Northeast one quarter of Section 9 Township 2 South , Range 1 West of the Willamette Meridian as recorded in document # 2000064964 . Commencing at the northwest corner of partition plat 2000-066 in the Northeast one quarter of Section 9 Township 2 South, Range 1 West of the Willamette meridian as recorded in document # 2000064964; thence S00°00 ' 00"W a distance of 52. 50 feet along the west line of the above described partition plat to the true point of beginning; Thence, continuing along the west line, S00°00 ' 00"W a distance of 150.00 feet to that parcel recorded ( date ) in document # ; thence N89°51 ' 42"E a distance of 125. 91 along the north line of the last described document to the west right of way line of S.W. 126th Ave. ; thence N00°00 ' 00"E a distance of 150.00 feet along the said west right of way line ; thence 589°51 ' 42"W a distance of 125. 91 feet parallel to the north line of partition plat 2000-066 to the true point of beginning. Containing 18,886 Square Feet, more or less . The bearings for this description have been taken from partition plat 2000-066 . • /7 ID \ LOT 1 1 I LOT 7 \ 1 / I / , 1 VLI• 1 S 89'51'42' W 125.91' Q�' I I _. • t DRAINAGE EASEMENT • LOT 3 CONIFFEROUS REMAINDER OF PARCEL 3 _,,3,;'p 1 141 PI OF PARTITION PLAT 2000-066 I �. 4'„fie Co CONIFEROUS •h 1 I(--) S 69'51'42" W / 125.91' 1 I L _ - 0 $ PARCEL 3 cv $ I 6,316.9SQ. FT. 1 5 $9"b1"42 W 1i .9'1 1 I LOT 2 g 12' 6,315.6 SQ. FT. N DEpiyoUs 25' p25' DUOUS �N DUOUS I SCALE 1"=4O' * W 20" ONE 14" & ONE 12' p�nn�irlt is J 1 R S 8490'51'42° W 125.91' 11 a i3 PARCEL 1 t 1::, 1N 6,316.9 SQ. FT. 1 � I— / 16" •A4 3 CLUMP OF TREES — _ ^ CotivRaus 1ui 0 —lb— e'ohWEwAY Fw41 !1 1 1 t S 89'51'42" W. N 125.91' >s — /n I Lot 1 34.6 J 1 1 «\ I .i. 1 • I PROPOSED PARTITION PLAT 1-AREA II, 13,820 SO. FT.+/- 1 OF ADJUSTED PARCEL 2 OF PARTITION PLAT 2000-066 cr _ ' I Q. L ■ 48.11' 1 N.E. 1/4 SEC. 9, 723 R1W, W11 T iv. 28.08_ I CITY OF 7IGARD EXISTING PARCEL 1 H —— WASHINGTON CONN7Y. OREGON I 1 PREPARED 07/03/01 / • i I� i , L _ _ _ _ _ _ _ _ 1 .�.. . 98.14' � , ' ' ..19 I =o_ 5 ;60• 12 ea 1 -- a IM I I �/q�[� DI LORETO AND ASSOCIATES I�Xra-J .vr,ll.,W„ ,r.,. ELVIIIIISTO11 • • • A, AFFIDAVIT OF MAILING IG CITY OF TIGARD Community Development Shaping A Better Community STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Shirley L. Treat, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist I for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ❑ NOTICE OF: PENDING APPLICATION FOR: ❑ AMENDED NOTICE (Type/101d of Notice) (File No/Name Reference) (14-Day Comment Period) ❑ City of Tigard Planning Director ® NOTICE OF TYPE I DECISION FOR: McClincy Lot Line Adiustment/MIS2001-00021 AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR; i ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council • ❑ NOTICE OF FINAL ORDER FOR: I� ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES] of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B",on July 13. 2001, and deposited in the United States Mail on July 13. 2001, postage prepaid. (P rson that Prepared Notice) Subscribed and sworn/affirmed before me on the 7t'` day of 4 4 9 as , 200/. - ,,�,��., :;.}r�:• OFRgAt.SEAL. NOTARY PUBLIC OF OREGON 3«.'= °SHERMAN S. 'AA PER My Commission Expires: l3 zoo .1774,-/ NOTARY Pirt,SC-ORE'GON MY COMMISSION i MVO MAY13,2003 • • EXHIBIT A NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2001- 00021 x.lwii`' CITY OF TIOARD MCCLINCY LOT LINE ADJUSTMENT Community Development Shaping A Better Community 120 DAYS = 11/09/01 SECTION I. APPLICATION SUMMARY FILE NAME: MCCLINCY LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2001-00021 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of .31 acre will become .42 acre. Parcel #2 of.26 acre will become .15 acre. APPLICANT: Spencer Vajj, Planning Consultant 4505 NE 24 Portland, OR 97211 503-281-8245 OWNER John and Barbara McClincy OWNER Same PARCEL 1: 5310 SW Iowa Street PARCEL 2: Portland, OR 97221 LOCATIONS: PARCEL 1: WCTM 2S109AD,Tax Lot 09700 (14621 SW 126th Ave.) (.31 acres) PARCEL 2: WCTM 2S109AD,Tax Lot 09800 (14601 SW 126th Ave.) (.26 acres) 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 ermitted 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 the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2001-00021—MCCLINCY LOT LINE ADJUSTMENT • • CONDITION OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT,THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE BRAD KILBY IN THE PLANNING DIVISION AT 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the west side of SW 126th Avenue off of Bull Mountain Road. City records show that the lots were created by Minor Land Partition file MLP97- 0017 and recorded as Plat #2000-66 in Washington County records. (PRJ2001-00527). No other records were found. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) different lots. Parcel #1 of .31 acre will become .42 acre. Parcel #2 of .26 acre will become .15 acre. 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 requirement of 5,000 square feet for single family detached units. The existing lots will be well within 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; Reducing the size of the smaller lot and increasing the size of the larger lot will not cause a violation of the site development or zoning district regulations. There are no structures currently on the lots, and the lots are large enough to accommodate homes with the appropriate setbacks. This standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2001-00021-MCCLINCY 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. Both lots will still meet the minimum standards of the R-7 zone as they apply to width, frontage, and setbacks. There are no flag lots associated with this proposal. 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. 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. 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: NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2001-00021-MCCLINCY LOT LINE ADJUSTMENT • • 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, 2001, AND BECOMES EFFECTIVE ON JULY 14, 2001. 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. ,t 07/13/01 PREPARED BY: Bra� lby DATE Associate Planner li . 14/ 07/13/01 APPROVED BY: Richard B 4,77- sdorff DATE Planning %nager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2001-00021-MCCLINCY LOT LINE ADJUSTMENT niflifilli �■■..j-�� CITY of TIGARD ~ L GEOGRAPHIC tNFOR MATIOH SYSTEM .k Al SW CHANDLER DRIVE 3 VICINITY MAP MIMI IVA ' M 152001-00021 S MCCLINCY NE LOT ■ . y,,,....,, pp LI ADJUSTMENT 1-ti., w i v __.,_, t:), II 14 Ili C iC'O' CT r ii .. il Blr UM ts.‘ ii _SI OW imi ` 2 SUBJECT LOTS ' \ mimit NI - illilil _ SW WINTERVIEW DR I ,-■ F.l ` _ N � r: I . I . I 0 100 200 300 400 500 Feet ♦•:� ..� i"=378 feet I 11 �11i►.' Fz City of Tigard M ka ," Information on this map is for general location only and lid' should be verified with the Development Services Division. III a� 13125,SW O H9l Blvd t Tigard, 9171 (503)639.4171 http://www.ci.tigard.or.us __-- Plot date:Jul 12,2001;C:\magic\MAGIC03.APR Community Development • / ` WT I 1 '( I I r - WT7 , 1 / G I 7 1 S 89'51.42" W 125.91' It'' I r— MARIAM EASEl1ENT 24' I WT J Z j� CONIFER. S 0 1 YakCEL Z L..H ,v],:' - 3 4 s e I �/'/�^� 6,610.3 SQ. FT.43��o� 1 V I QD C I 9 89'91'42" W / 125.91'p Q 0 NEJ I L - - N ^1a uE S 89'51'42` W 125.91' K 'J U 9 89'51'42' W4 RCEI-1 FoR5.91ii. fc I tOT 2 Z 1r .RARGEL--2, $ VOUS 18,886.5 SQ.FT. $f 25' I 25'1 J 1Q' j14) rmyruous I SCALE 1"=40' (L 2Q' �/ ONE 14' 4 ONE 12' Rid �'Q/ DES __ 4 12' 1 Ce S9an8o9o'S1'42` W 125.91' �� W I— / CLUMP OF TREES _ _ _ . S ro yea I C4 0 1- �— ¢ � . �b t3 S 89'51'42" W.N 125.91' b /• 10 WT a Q Li. ,s edivic arbt tow 0 34.6 i PROPOSED LOT UNE ADJUSTMENT . 1 ANEA-13.520 SO.FT+/- g $ I OF PARCELS 2 & 3 OF PAR1111ON 0 PLAT 2000-066 . Q_a og:'• I -- - NE.1/4 SEC.9.T2S R1W,TM i-2006' ' I CITY OF 11GARb PARCEL 1 N0 0 ———— WASNN7fON COUNTY.TY OREGON • 1 PREPARED 07/03/01 o / MOM AMOS -98.14' - S 88'0912 W d O F I NA Di LORETO AND ASSOCIATES SITE PLAN t MCCLINCY LOT LINE ADJUSTMENT EXHIBIT MAP N MIS2001-00021 (map is not to scale) • • EXHIBIT B Spencer Vail, Planning Consultant MCCLINCY LOT LINE ADJUSTMENT 4505 NE 24th MIS2001-00021 Portland, OR 97211 John and Barbara McClincy 5310 SW Iowa Street Portland, OR 97221