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MIS2005-00004
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ENT�MIS12005,",00004 € 4 4,917 OF T GARD;.iA. •' Yi'r r'= 'fit?"`i'`'re„'...r:ad::^3v:'-sr....: :s'':a�s., °'('.M Pyy,..,amr:. s�`-.>w...u..:;,v!:.:t 'uFiau{q.:°2 :;•I�i,"�3^ �:' '�Commum '.�eveCo inent.• :fit _ _ �.`..,�r.`f:^n�o+,?Fi'b �:;::f;}�'. 'ter^� �•�r�• :'i;,c,P 4:"a\.f"a,,.: .{ ';�c" =�': .r:,-t.,, .. ,,re..! vk•= :r'_ S j x!' .; SWOPESzLOT.LINEADJU�S;TMENT, ; ,u .. .• ^sue to zA'Better,.Cominum tr,.:'�_,,..,ca-;.,,.,.�;:r;:�r..;,..v:...:,�,..... ..�.�r a,:.,:r,>F.,_.�.._..a,^�..,•F,»._.�.�_........ ....:..Ltw...r� ......n..a ,..�..as..a.,..+.�.,�.,. a-_._.�?_8, ...........�, �.�......—,..�':3` 120 DAYS = 7/19/2005 SECTION I. APPLICATION SUMMARY FILE NAME: SWOPES LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2005-00004 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) separate parcels: Parcel #1 of 15,034 will become 13,979.5 square feet. Parcel #2 of 15,029 will become 16,083.5 square feet respectively. APPLICANT: SM Builders, Inc. Attn: Miles Schlesinger 11455 SW Shrope Court Tigard, OR 97223-4071 OWNER OWNER PARCEL #1: Bret & Linda Swopes PARCEL #2: Bret & Linda Swopes 13440 SW Howard Drive 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 LOCATIONS: PARCEL 1: 10145 SW Katherine Street; WCTM 1S135CC, Tax Lot 02900. PARCEL 2: 10135 SW Katherine Street WCTM 1S135CC, Tax Lot 03000. ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. 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 Yl•• yl•' ,.,tf.. r'"`; .qA. ;'`•il:�k'L':.+,._.,,;.t b,A. e = - • , :',.. ”.. •r. .._!t' s..g:: ;:Notice:;is hereb, iven that,ther:Cit` ofrTiga"rd ;,Communit .Develo ment.Director.s,,designee. >.�. Ya9�, �,�_: . Yx� 9;{ �Y' , P. r ,__ ,.rg. r. ,7 :ssi ' "•�'d�":J__.x R�s r !•-tr°'.`,c::�t:S�R'•°"e,�3.'- .�'s,-`"".`�'ir..',`.�".S;�,s*..'�, vs.,;. 4AS;t.:•:°� °' ';x�. ctf askAPPROVED,Blithe'gabovee request sufjjeet�to:;;eertain conditions of a rovals:: :The•findin`"ry' y '',v t-v�YY,"fi;'t 1•.3"., ' r,%�..+ ';�rsc„';<,•rc •:v?''"'.. t;M'-r. ;at:,. : .rte,.�..,Fr*x'i:y .,.-'...,;��:T,w,. >�.?�, nsx,:. .. p,.,h..,.: '• H^_ n., 4� .7 S''� and conclusions`on which;the decision isbased#.are`noted irr Sectional:. � , Ssy.�;^a]5�'f«+-✓b r, ,.,•�^':c^T.. '.u'_..bY...._...,t-.,n.. ..... ........ t- �;°c ry5;�7�� NOTICE OF TYPE I DECISION PAGE 1 OF 5 MIS2005-00004--SWOPES LOT LINE ADJUSTMENT • • CONDITION OF APPROVAL :PRIOR;TO:`THE' RECORDING;OF THE.,.LOT.LINE ADJUSTMENT;,:THE: FOLLOWING CONDITION,:"SH'ALL..,BE :SATISFIED: UNLESS.':OTHERWISE: NOTED, THE; STAFF' CONTACT SHALL BE MATHEW::SCHEIDEGGER IN :THE 'PLANNING; DIVISION 'AT , 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 Department. The survey map shall include all access and utility easements. 2. Record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City within 15 days of the recording to be incorporated into the record. No building permits will be issued until this condition is complete. THI8,APPROVAL SHALLrBEVALIDFOR'.1.8 MONTHS ',.:w; EFFECTIVE D;ATEPr THIS DECISION:°.:. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the north side of SW Katherine Street between SW Tiedeman Street and SW Tigard Street. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure'two (2) separate parcels. Parcel #1 of 15,034 will become 13,979.5 square feet. Parcel #2 of 15,029 will become 16,083.5 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 R-4.5 zone has a minimum lot size of 7,500 square feet. In any event, the lots will be 13,979.5 and 16,083.5 square feet after the adjustment. Therefore, this standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT • • 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; The subject parcels are developed with single-family homes. Both homes are located toward the front of the lots. The requested lot line adjustment is toward the rear of the subject parcels. Based on aerial maps from the City, no existing structures will be in violation of the required setbacks of the R-4.5 zoning district. Therefore, this standard has been satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; • Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and • Setbacks shall be as required by the applicable zoning district. The reduced lot size of Parcel #1 from 15,034 to 13,979.5 square feet still provides adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot-wide access easement. Both parcels have approximately 75 feet of frontage onto SW Katherine Street. The requested approval is for a lot line adjustment which does not affect the existing access to the parcels. Therefore, this criterion has been met. 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 flag lots. Therefore, this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. There is no new access associated with this Lot Line Adjustment. Therefore, this standard does not apply. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT • . 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 to be provided as part of the requested lot line adjustment. Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access to the subject parcels is pre-existing. 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 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. Recording requirements: Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. This requirement can be met with the condition of approval below. Time limit: The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. This requirement can be met with the condition of approval below. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. CONDITION:Record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City within 15 days of the recording to be incorporated into the record. No building permits will be issued until this condition is complete. 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 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT • • • 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 5, 2005, AND BECOMES EFFECTIVE ON APRIL 6, 2005. 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. April 5, 2005 APPROVED B=/!_ __ .f ew Scheideg DATE Associate Planner is\curpi n\Mathew\nm is\2005-00004.LLA.doc NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00004—SWOPES LOT LINE ADJUSTMENT . _ oillotp, ihk, ... Ai ___„,,„,,„„qt-in III CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM • VICINITY MAP W� TIGARD ST III ..., MIS2005-00004 ►_ ► 1 ► ) ��i SWO P E S LOT `SW S CT ��1 LINE ADJUSTMENT 4._ 1140, VIII liffm, ill • ,19 . Ell / • / �.T■� . '.Y.-S RR\, .7�I.I�]►11 ■ • / MEADOW ST NO' in .0-• `Ap lip II i--- .417 I I Mir U J , Tigard Area Map I O CC Q Y N ig . • • 0 100 200 300 400 Feet 1'=314 feet N4 C ` DALE c._.0 A P 0 City of Tigard 4 011111 Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639.4171 b http://www.ci.tigard.or.us Community Development Plot date:Apr 5,2005;C:\magic\MAGIC03.APR • • • — JRG - � . 47 LEGEND:• p SET 5/B•x}0•IRON ROD W/RED PLASTIC ' N 6877'02•W 399.08• \• CAP SCRIBED"CENTERLINE CONCEPTS INC.' e ----- \G \o -- ON 2004 • • (,..."F"..) 0 FOUND MONUMENT AS NOTED - ED 1/2•W HELD --/ s FOUND 1•IRON PIPE G HELD O P1) FROM•GREENBURG HEIGHTS ADDITION'. (P1) P ( A FOUND AND HELD 5/8'IRON ROD WI RED PLASTIC • , • CAP SCRIBED•CENTERUNE CONCEPTS.INC.'-•9 FROM SN 29,203.UNLESS OTHERWISE NOTED t • CURVE TABLE <El" () CURVE LENGTH�F�RC� RECORD DISTANCES A BEARINGS • - \,O .+�� ��'�' '® O IR-IRON ROD 1P.IRON PIPE ' • CI 64 1'fS'FI3l'1IRw IIMMEMIII wIwwn - FD-FOUND W/-VAIN • - ,,, C2 wi• 9orrin l� pnt'ma.�oas l° WC.YELLOW Pusnc CAP O t ",„\LE,•LT\ SCALE 1•. o R/W-RIGHT OF WAY ” •• .,q9\+ SN-SURVEY NUMBER" • WASHINGTON COUNTY SURVEY RECORDS 51-PUBLISHED STATE PLANE COORDINATES,• ' iD BRASS SCREW W/JIB BRA55 WASHER POE.PUBUSHED GRID FACTOR. SCRIBED'CENTERIRlE CONCEPTS• - 52-SN 8331 ' 81.DOCUMENT NO.99111271 ' ' g00 � N 8027'02° W 261.63' p3.DOCUMENT DOCUMENT NO.2001063]95 n O°1' e'' D4-DOCUMENT N0.98128402 ' \O 2 Opp,•0�9 °' S.F..50UARE FEET• •°'V ��\ p _N�10°60' TRACT 2 3 1.0 CA (� O/A^ • PI-'GREENBURG HEIGHTS ADDITION' \. W•S 4 .0 EA,9.215 SF. >• ■V �" • • • • •n b PROPOSED N O ,(� R F-F'D 5/8"IR y PROPERTY UNE N�' N 46.04'39-E �`' '��E►QED 'THE MEADOW '� N 68'27'02".W� 1$4.61' ry 3917' ' ! r04,,,,/(..„_ \� JAN 3• S. h PROPOSED C2 L I Z .• S 88'27'02'E ' 235,58' 2-•15.00' 20.3. / PROPERTY LINE\ 9�• 43'%) V.,• 1 � OQ,S. 64.77 s - — _ 129 30' _ 44.4T bl [� _. • "' .` - •- 85.77' l � N35]' T� .40 VJ� ' /PA, - O • (_ E' ) S aa•2TOZ'E - I as.t0' 270,32 (" 8a'2 T02"W .gel �f . FD-I/2'IP -EnS•1C ' ^�A' -11- (C� . SN B>Sl PRO:'H,.Lsq ExISTING •9 HELD 1,i , 1 PROPERTY UNE• . OO N.W.CORNER I,-EXISTING Q H. LOT 11 - w V PROPERTY UNE• 5 - O I n T'1 01 PQ • • lil Ci M 1$ O S . 1. 0 ~ `� I N TRACT 3 `� TRACT 4 ' 0 I AREA 16,068 SF. AREA 10,811 SF.i. ° e9 N.8834'09' 'X .. Cati�' .�Q - : •g .. o0 .�q9 01 w '1.10` W JE•N,S95 w ��1 a° O' S 06xG•0 • . \9i • ,1 . 1," • TRACT 1 • 0,,,,,0\°6 OLf'g01 e 3 .O ARE• • '8.271.f. v • (`:.p�') \, .. n Si'. • (13,99- YATHOUT. P n • • WELD 0 1 :•C POLL) O O M FD 2.IP, _ z n 2 0 'THEl POINT z ' _ _ 2 • THE MEADow- --� \ ^ N . N 8824'09'W o • . . - _ a,,.,g1AA FO I/O'P EY\\1V • ' 606.16' o FD l/2•IP FD 1/2'IP• FD 1/2'IP O ,1 N 01.35'16•E 0.57• JO'Se• /11.95' ', "N 01'35'51'E 0.13' N 01']5'51 E O.RB' N 01'35'51'E 1.13' SN 0331 O°C'Sx ' SN 8331 • i SN 8331 571 0331 — 9 / 75.42' I 54,96' O 75.00' 75.00' r 1K-_ ••' n .. 148.95• I '1.02• G O • • .`,,, _,_N - N • N'8024'09'W V)1056.51°33' - N 99`74'09"W N 88'24'09-Wr/ N 8824'09' W ' 'A • „"� • �' S.W. KATHERINE STREET - i - - - — Vl F v• • . • • .. . FD 1Jz'IP (�•• •• • -- 4!8]51 ' <�A"j' s 8620'07•E (S B820'OY E••2G38.9B'(SI)) "(0.9999°522(PCF)) 2639.24' 8 - • ED,33---1/2'.ALUMINUM DISC HELD TOR R/W L "BASIS OF BEARINGS" . S.W.CORNER OF 35 WASHINGTON COUNTY • USBT BOOK 3,PAGE 343 - D" SURVEYOR'S DFOTCE. '• • .NORTHING 652343,507. - 'CASTING 7615652.749 F8 3-1/2'ALUMINUM DISC • ACCEPTED FOR FlUNC NARRATIVE: GC-1x373 - .. . . 51.08 1/4 CORNER OF SECTION 35 01,..?000K 9.PAGE 514 I.AND DOCUMENT PURPOSE OF THIS SURVEY IS TO ESTABLISH THE TY LINE BOUNDARY LINES FOR DOCUMENT NO.98128182,DOCUMENT 110.99-50244,DOCUMENT N0.2001063395, NL`N'RANG 652266.837 �y " AND DOCUMENT NO,98024011 FOR A PROPOSED PROPERTY LINE ADJUSTMENT,P THIS PLANNING RGPERTY,UNE ADJUSTMENT 15 PER•THE CONDITIONS OF APPROVAL EA RNC 7618290.627 SIGNED ON: 11-22.-04- • CONTAINED W CASE FliE NUMBER.,-- • WASHINGTON COUNTY PUNNWC DEPARTMENT. G, 02-053 ', 2: HELD BASIS OF BEARINGS:I HE THE FOUND MONUMENTS AT•e(SW 1/4 CORNER OF SECTION 35(G P • C-I4-373))AND•B•(SOUTH 1/4 CORNER OF SECTION 'REQSTER SURVEY PERFORMED FOR: SM BUILDERS 35(GC-022-053)).;TAKING"THE BEARING FROM WASHINGTON COUNTY GPS COORDINATE BASIS.. ROFESSION NAL LAND'SURVEYOR PROPOSED PROPERTY DOCUMENT NO. 99-50244 AND • 3.NORTH RIGHT OF WAY UNE OF SW KATHERINE STREET.I HELD THE FOUND MONUMENT AT'C(ORIGIN UNKNOWN(FOUND AND HELD IN SN 29203))AND A LINE ADJUSTMENT DOCUMENT.NO. 98)28482 , POINT,SOT'35'51 W 10,00 FROM THE FOUND MONUMENT AT O (INITIAL POINT OF THE MEADOW). �, I� '� �. If S.W. 1/4 SEC.35;T.1 S.,R.1 W., W.M.• '-,• A.NORTH UNE'OF DOCUMENT NO.99-50244:I HELD FOUND MONUMENT.AT POSITION'E.(5N'8331)AND HELD PARALLEL WIIH•THE NORTH UNE OF LOT 10 OREGON y yy • 'GREENBURG HEIGHTS ADDITION'.AS ESTABLISl1ED,8?HOLDING THE FOUND MONUMENTS.AT'F":A110 T. _ (7 n,NO OTT'OF TIGARD YN' • WADE C: DONOVAN III YNtill• ' "5.,WEST LINE-OF DOCUMENT Na 99-50244:I HELD'FOUND MONUMENTS:AT P002080 E••(SN.9331)AND•F"(PT)FOR THE REST UNE OF LOTS TO AND II, 2276 WASHINGTON'COUNTY; OREGON ' •GREENBURG HEIGHTS ADDITION'. I THEN HELD'NORTH AND SOUTH FROM.171E FOUND:MONUMENT AT'K•_(SN.8,331)PARALLEL VATH THE ESTABLISHED WEST LINE VALID THROUGH DECEMBER 31,2005: - JULY 13„2004 Gen terllTIC:Concepts. Inc:' OF,SAID LOTS Io AND n. ., .. ”', :.. ': .. DRAWN BY:MSG CHECKED"BY:WGDIII , _ _ , _- ., • 1 CERTIFY THAT THIS SURVEY WAS PREPARED. '..'• 6.•EAST LINE OF DOCUMENT.NO:99-60244:I HELD'FOVND,MONUMENT AT POSITION.']'(SN 29.203)AND'G'(SN 8131)AND EXTENDED SOUTHERLY PARALLEL USING HP PRODUCT POLYESTER. ON HP 0516428` SCALE 1°m40':ACCOUNT' 1302-02 _ 640'82N0 DRIVE GLADSTt)NE,OREGON 97027 • WITH THE ESTABLISHED;WEST UNE TO ESTABUSHEb NORTH RIGHT OF WAY UNE,OF'SW.KATHERINE STREET. POLYESTER,FRM . , At\BND\SMBUILDER-02\SMB2-PLA _ .. 503.650-0188 FAX 503;650-0109 •' • , , ., • • A AFFIDAVIT OF MAILING CITY OFTIOARD Community Development Shaping Better Community I, Patricia L. Lunsfon4 being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of 7igarashington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: MIS2005-00004/SWOPES LOT LINE ADJUSTMENT I o AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhihit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhihit"B",and by reference made a part hereof, on April 5,2005,and deposited in the United States Mail on April 5,2005, postage prepaid. (Person that rep- -e l oti.e) STATE OT Count f 3. f Subscribed and sworn/affirmed before me on the 1V day of , 2005. i OFFICIAL SEAL ` '.r. SUE ROSS r. NOTARY PUBLIC-OREGON COMMISSION NO.375152 MY COMMISSION EXPIRES DEC.1,2007 NOTARY ' l IC OF OREGON,/d-1-� My Commi ,ion Expires: 7 4 • EXHIBIT A 1 :k> °jb• $3, ': ..,, F".. :3x :r.Y'q• F',:^'n a:S k'%. _ .,-d .. -y �-, •� u rd ; NOTICE OF TYPE I DECISION' As 'LOT LINErADJUSTMENT (MIS) 2005-00004 CITY OFTIGARD" - s r Community Development: SWOPES LOT LINE ADJUSTMENT ,shspingA,�etter:cQmmunity 120 DAYS = 7/19/2005 SECTION I. APPLICATION SUMMARY FILE NAME: SWOPES LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2005-00004 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) separate parcels. Parcel #1 of 15,034 will become 13,979.5 square feet. Parcel #2 of 15,029 will become 16,083.5 square feet respectively. APPLICANT: SM Builders, Inc. Attn: Miles Schlesinger 11455 SW Shrope Court Tigard, OR 97223-4071 OWNER OWNER PARCEL #1: Bret & Linda Swopes PARCEL #2: Bret & Linda Swopes 13440 SW Howard Drive 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 LOCATIONS: PARCEL 1: 10145 SW Katherine Street; WCTM 1 S135CC, Tax Lot 02900. PARCEL 2: 10135 SW Katherine Street WCTM 1 S135CC, Tax Lot 03000. ZONING DESIGNATION: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. 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;"theµCity of Tigard;`,Community;,•Development Director'S` designee has°APPROVED theabove request subject�°to certain;conditions of approval #Yhe;"findings and conclusions on which.,the-decision is based are=noted in Section`IV: :x '>F;, •3'.:_ NOTICE OF TYPE I DECISION PAGE 1 OF 5 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT CONDITION OF APPROVAL PRIOR TO THE RECORDING-`OF, THE LO-T"<%%LINE ADJUSTMENT,'-THE FOLLOWING' =CONDITION SHALL:mr-BE SATISFIED: UNLESS OTHERWISE NOTED, THE:£ STAFF? FiCONTACT`bSHALL CBE MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT; 503=639=417.1. . ° > 112"; .` =: !.iatet 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 Department. The survey map shall include all access and utility easements. 2. Record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City within 15 days of the recording to be incorporated into the record. No building permits will be issued until this condition is complete. ,;, .. THIS:jAPPROVALSHALL BEVALID`FOR'18 MONTHS:. FROM THE EFFECTIVE:DATE OF THIS,DECISION.,,, SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located on the north side of SW Katherine Street between SW Tiedeman Street and SW Tigard Street. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) , separate parcels. Parcel #1 of 15,034 will become 13,979.5 square feet. Parcel #2 of 15,029 will become 16,083.5 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 R-4.5 zone has a minimum lot size of 7,500 square feet. In any event, the lots will be 13,979.5 and 16,083.5 square feet after the adjustment. Therefore, this standard is satisfied. NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT •' • 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; The subject parcels are developed with single-family homes. Both homes are located toward the front of the lots. The requested lot line adjustment is toward the rear of the subject parcels. Based on aerial maps from the City, no existing structures will be in violation of the required setbacks of the R-4.5 zoning district. Therefore, this standard has been satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; • Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and • Setbacks shall be as required by the applicable zoning district. The reduced lot size of Parcel #1 from 15,034 to 13,979.5 square feet still provides adequate width and size to meet the dimensional requirements of the R-4.5 zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot-wide access easement. Both parcels have approximately 75 feet of frontage onto SW Katherine Street. The requested approval is for a lot line adjustment which does not affect the existing access to the parcels. Therefore, this criterion has been met. 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 flag lots. Therefore, this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. There is no new access associated with this Lot Line Adjustment. Therefore, this standard does not apply. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT • Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No common driveway is to be provided as part of the requested lot line adjustment. Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access to the subject parcels is pre-existing. 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 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. Recording requirements: Upon the Director's approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City, to be incorporated into the record. This requirement can be met with the condition of approval below. Time limit: The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. This requirement can be met with the condition of approval below. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. CONDITION:Record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City within 15 days of the recording to be incorporated into the record. No building permits will be issued until this condition is complete. 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 MIS2005-00004-SWOPES LOT LINE ADJUSTMENT • 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 5, 2005, AND BECOMES EFFECTIVE ON APRIL 6, 2005. 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. • April 5, 2005 APPROVED B- :_ ),(.11i$ -w-w Sch i .-y DATE Associate Planner i:\curpin\Mathew\mis\2005-00004.LLA.doc NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00004—SWOPES LOT LINE ADJUSTMENT • \/ alit CITY of TIGARD • W GEOGRAPHIC INFORMATION SYSTEM 111111. z GAR .24111A kk ) o J MIS2005-00004 T • I ) �� � SWO P E S LOT SW PIHAS CT PIHAS ST ���I � ill 1 LINE ADJUSTMENT 1 %44•V Amm.,,,......1. ire. ■ Ilk ii, * 4,■■■,ulip !lI!'tl �.Y .SF a• ... -,_-! "ui!iiiiI1III1k..��� ULL hiT L\4.... ,Y .... �` 60Ni A t0 Sp csiir :_.. . .•i -I' • III J Tigard Area Map � re N 4. 0 100 200 300 400 Feet I11111111W 1"=314 feet 46 4,0 11/0,0 • , , ,. P O . ,,,A1d.J.'-' Ai City of Ttgard co'F, Information on this map is for general location only and 110 should be verified with the Development Services Division. 9z- . 13125 SW Hall Blvd I Tigard,OR 97223 Q (503)6394171 Li http://www.ci.tigard.or.us Community Development Plot date:Apr 5,2005;C:\magic\MAGIC03.APR 4 .9.9 9 . • • 1S135CC-02900 EXH I B IT8 SWOPES BRET&LINDA 13440 SW HOWARD DR TIGARD,OR 97223 1S135CC-03000 SWOPES BRET&LINDA S 13440 SW HOWARD DR TIGARD,OR 97223 SM Builders, Inc. Attn: Miles Schlesinger 11455 SW Shrope Court Tigard, OR 97223-4071 .,, • 0 LOT LINE ADJUSTMENT '��A''' TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: ( E684 7 W E D GENERAL INFORMATION JAN 3 1 2005 PARCEL CM OF I `L ARCEL 1 Address/Location(s): 1 0 ) 1l 5 Sid VA-11404a,st :. Property Address/Locations Tax Map &Tax Lot#(s): ).5 135GC- o..29 00 FOR STAFF USE ONLY Site Size: 1 c.11)sn ( ' Case No.(s): (VI I Sa c S —aooc Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: 10 1 ‘4 5 5 100- H- ..tz__\' ,. ST Other Case No.(s): M 1-Pa oc) -000/3 City/State: 'TI G Sa Cln Zip: (') . Receipt No.: aboS-6335 3 Primary Contact: S • iM t L Z.S %G4\ k 2, % } L2,., Application Accepted By: 0. � Phone: 5 03 •, bA • 6,500 Fax: '5a\ q6% -6T-0O Date: I - 31 o5 riffs- 04) CoriA,/e•%_ -05 PARCEL 2 Date Determined Complete: /e Property Address/Location(s): 1 0 k3,S s W l<rilleal l i bi Rev.1/3/05 is\curpin\masters\r ised\Ilaa.doc / Tax Map &Tax Lot#(s): L S ► 35 CC. 0 3 0 0o Site Size: --1. 5 ,0 0 Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: `(A�r ` DA SW 0PFS REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted City/State'k G ANik:%0 1 vi\., Zip:cl'7 aa� without the required submittal elements) Primary Contact: Saw•O--- • Phone: Sw...a- Fax: `'uaw•Q—_ Applicant*/Agent: S W`W\ f5\X k�D�RS ,l 1� ❑ Application Form Address: '\4S 5V� S�QI�P ti (,'C ❑ Owner's Signature/Written Authorization City/Stater 1 GA .JD Zip: ql aa3-4b7) ❑ Title Transfer Instrument or Deed Primary Contact: VAL,1 tiS SGkkL�St1�GE ❑ Preliminary Map (2 copies) Phone: S(% °I(,$ SD 0 Fax:SO3 146* 640D ❑ Site/Plot Plan (2 copies) ❑ Site/Plot Plan (reduced 81/2"x 11") *When the owner and the applicant are different people:the applicant ❑ Applicant's Statement(2 copies) must be the purchaser.of -record or a lessee in possession with written authorization from the owner or'an agent'of the owner. The ❑ Filing Fee $440.00 — owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this'application. Jurisdiction: ❑ City ❑ Urb PROPOSAL SUMMARY . • The owners of record of the subject property request Lot Line • • Adjustment permission to adjust: •. parcels of /5 03Y ' and -/5/ 0a9 . (number) • (acreage or square footage) • • into •• a parcels of L(pI and I /&2( D 44 ' . (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: 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 subiect 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 day of , 20 • Applicant/Au •rized Agent's Signature Owner's Signature e.(2E t L i : WD ES fAX SUN)0 ` tin .�.c� %1 / Owner's Signature V Owner Signatf L I M A � ST A9 I-�� S (N Utz 1QI35l,< kiA% , _______ ...____.._ __,...._ 1 ' A . CITY OF TIGARD 1/31/2005 13125 SW Hall Blvd. 3:50:13PM ��;mr�M1 ������ Tigard,Oregon 97 22 3 ;_i LJF IL (503) 63 9-417 1 Receipt #: 27200500000000000383 Date: 01/31/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2005-00003 [LANDUS]Lot Line Adjustment 100-0000-438000 383.00 MIS2005-00003 [LRPF]LR Planning Surcharge 100-0000-438050 57.00 MIS2005-00004 [LANDUS]Lot Line Adjustment 100-0000-438000 383.00 MIS2005-00004 [LRPF]LR Planning Surcharge 100-0000-438050 57.00 Line Item Total: $880.00 Payments: Method Payer User ID Acct./Check No.Approval No. How Received Amount Paid Check SM BUILDERS,INC CAC 3539 In Person 880.00 Payment Total: $880.00 Transnation 5933 TITLE INSURANCE COMPANY 5933 NE Win Sivers Drive Ste 300 ALeMDAYGIG GONMM' Portland, OR 97220 Phone (503) 262-4714 Fax: 262-4697 Transnation Title Insurance Company Jerry Bales 12360 East Burnside Street Portland, OR 97233 Date Prepared: December 5, 2002 ORDER NO : W312937AT PROPOSED PLAT TITLE OFFICER CONTACT: Kathy Roberts, Advisory Title Officer (503) 262 4657 • SUBDIVISION GUARANTEE TRANSNATION TITLE INSURANCE COMPANY GUARANTEES The Oregon Real Estate Commissioner and any County or City within which said subdivision or proposed subdivision is located: That, according to the public records which impart constructive notice of matters affecting title to the premises hereinafter referred to, we find that effective as of November 22, 2002 , the last deed of record runs to: STACEY SCHLESINGER The premises are described as follows: As fully set forth in "Exhibit A" attached hereto and by this reference incorporated herein This is not a report issued preliminary to the issuance of a title insurance policy. The use hereof is intended as an informational report only, to be used in conjunction with the development of real property. Liability hereunder is limited to an aggregate sum of not to exceed $1000.00. (continued) • Order No. W312937AT EXHIBIT "A" Legal Description A portion of Lot 10, GREENBURG HEIGHTS ADDITION, in the City of Tigard, County of Washington and State of Oregon, described as follows, to-wit: Beginning at a point on the West line of Tigard Street (County Road No. 67) , 150 feet North of the South line of said Lot 10, when measured at right angles to the South line of said Lot 10; thence North 89°57' West a distance of 200 feet to a point; thence South parallel with the West line of said Lot 10 a distance of 75 feet to the true point of beginning; thence South 89°57' East to a point on the West line of Tigard Street; thence Southeasterly along the West line of Tigard Street to its point of intersection with the South line of said Lot 10; thence Westerly along the South line of said Lot 10; to a point due South of the point of beginning; thence North 75 feet, more or less, to the true point of beginning. • to SUBDIVISION GUARANTEE DATED December 5, 2002 ORDER NO. W312937AT We also find the following apparent encumbrances, which include "Blanket Encumbrances" as defined by ORS 92.305(a), and also easements, restrictive covenants and rights of way prior to the effective date hereof: 1. Municipal liens, if any, imposed by the City of Tigard. 2. Trust Deed, including the terms and provisions thereof, Dated : October 8, 2002 Recorded : October 23, 2002 Recorder's Fee No. : 2002-125005 Grantor : Stacy [sic] Schlesinger, a single woman Trustee : Lawyers Title Insurance Corp. Beneficiary : Mortgage Electronic Registration Systems, Inc. Amount : $150,575.00 Loan No. : 00002126957353306 / MIN 1000157-0001664400-3 NOTE 1: Taxes paid in full for the year 2002-03 Total Amount : $1,627.96 Levy Code : 023.74 Account No. : R273723 Map No. : 1S135CC-03400 We have also searched our General Index for judgments and state and federal tax liens against the grantees named above and find: NONE END OF REPORT MJR/mlm i a •1 Transnation TITLE INSURANCE COMPANY v A UNCAN[INCA CaoA■ANr 5933 NE Win Sivers Drive Ste 300 Portland, OR 97220 Phone (503) 262-4714 Fax: 262-4697 Transnation Title Insurance Company Jerry Bales 12360 East Burnside Street Portland, OR 97233 Date Prepared: December 5, 2002 ORDER NO : W312936AT PROPOSED PLAT TITLE OFFICER CONTACT: Kathy Roberts, Advisory Title Officer (503) 262 4657 SUBDIVISION GUARANTEE TRANSNATION TITLE INSURANCE COMPANY GUARANTEES The Oregon Real Estate Commissioner and any County or City within which said subdivision or proposed subdivision is located: That, according to the public records which impart constructive notice of matters affecting title to the premises hereinafter referred to, we find that effective as of November 22, 2002 , the last deed of record runs to: BRET SWOPES and LINDA S. SWOPES, as tenants by the entirety The premises are described as follows: As fully set forth in "Exhibit A" attached hereto and by this reference incorporated herein This is not a report issued preliminary to the issuance of a title insurance policy. The use hereof is intended as an informational report only, to be used in conjunction with the development of real property. Liability hereunder is limited to an aggregate sum of not to exceed $1000.00. (continued) • 1110 Order No. W312936AT EXHIBIT "A" Legal Description East 75 feet of the West 450 feet of Lot 11, GREENBURG HEIGHTS ADDITION, in the City of Tigard, County of Washington and State of Oregon. ti December SUBDIVISION GUARANTEE DATED ,5, 2002 ORDER NO. W312936AT We also find the following apparent encumbrances, which include "Blanket Encumbrances" as defined by ORS 92.305(a), and also easements, restrictive covenants and rights of way prior to the effective date hereof: 1. Municipal liens, if any, imposed by the City of Tigard. 2. Trust Deed, including the terms and provisions thereof, Dated : June 26, 2001 Recorded : June 29, 2001 Recorder's Fee No. : 2001-63396 Grantor : Brett Swopes and Linda Swopes Trustee : Forest N.A. Bacci, Esq. Beneficiary : Wells Fargo Home Mortgage, Inc. Amount : $117,200.00 Loan No. : 0022195507 We have also searched our General Index for judgments and state and federal tax liens against the grantees named above and find: NONE END OF REPORT MJR/lm • PROPOSED LOT LINE ADJUSTMENT FOR 10135 KATHERINE STREET 1. These three properties are separately involved in partitions that will yield a five lot subdivision with a private road accessing the lots from SW Tigard Street. The 10145 Katherine Street property has not had an application made to the city of Tigard but the 10135 Katherine Street and the 10120 Tigard Street are conditionally approved and most of the infrastructure has been placed and approved by the City of Tigard staff. The partitions are conditioned on meeting 7500 square foot lots in a 4.5 residential zone. The plan was originally made to adjust the 10135 lot size to meet the 7500 square foot requirement by getting a land adjustment from 10120 Tigard Street. However, the purchase of 10145 Katherine by Mr and Mrs Swopes made the addition of land impossible if 10145 was ever to be granted access to the private drive so in order to accommodate this future partition the 10145 is proposing giving land to the 10135 property so that it may be divided. 2. The lot sizes are in conformance with zoning and development Regulations. 3. The existing structures on each of the three lots are not affected by the proposed partitions and will meet all of the setbacks of the R 4.5 zone when plans are submitted for building permits. 4. Each of the lots being created now and the 10145 Katherine Street property will have private street access of at least 15 feet. 5. A fire hydrant is already installed in front of our 10120 Tigard Street property. 1 N l 1 • Iy11►. vio...lr' '.OpIO�. 7 N. �2Ta2 W 399,68' o SET 5/8" 3O. IRON ROD W, RED PLASTIC' ' � •• " . ' .33._.33 -. ' � -CAP SCRIBED ",CENTERLINE CONCEPTS -INC:" • ,• •!: ti } FOUND .MONUMENT AS tO ED� • HELD • ' ■ FOUND 1 IRON PIPE ,.• (P1)} -� (P1) : FROM "GREENBURC HEIGHTS ADDITION" • ,• . - ♦ FOUND.AND.HELD 5/8":IRON ROD W/ RED.PLASTIC-- ' - CAP SCRIBED "CENTERLINE'CONCEPTS, INC." • •,, FROM SN •29,2033, UNLESS OTHERWISE NOTED • - • •- - , •. '� .: • -. ' CURVE- TABLE - ,-. -- to CURVE r-LENOTN RA " CWT CHORD 'BEARING DELTA ,. •( . RECORD DISTANCES •& BEARINGS' . Cl' -64.51' ..1246;00 • 64.50 ' S 41'3447 ••E ,.2.'59'25" \ IR = IRON ROD IP = IRON'PIPE cv. C2 39:80 1236 00' 3948'. S•43 957" E 1 50'55"` FD = FOUND W/ = WITH . • • " ' ' � • • YPC = YELLOW PLASTIC CAP - -, ' •. • ' . ' ' - , , - - • _ • \-. C} • ,�J ��', - SCALE 1" = 40' R f W RIGHT OF WAY SN = SURVEY NUMBER - WASHINGTQN COUNTY SURVEY RECORDS , :'. • 3: 4" 8R - . • FD BRASS SCREW YV,' /' BRASS WASHER S1 = PUBLISHED•STATE PLANE COORDINATES , BED:"CENTERLINE- P TS" _, �`' PGF. -- PU�USHE# GRID FACTOR• SCR1RLINE'. CONCEPTS"' 'op ' ' S2' SN 831 t •- 01 DOCUMENT. NO3: 99 11271 27'0:x! W 261 63 D2 DOCUMENT fi . 9$024131 . a ^' 03 = '.DOCUMENT NO: 2001083395 s .. • :::; •,,�� , � , " 04 = "DOCUMENT:NO:'98128462 . - :