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MIS2005-00014 NOTICE OF-TYP E I:DECISION _ .: . :_:,>:.; - : .;r ;.:T•:2 .LOT LINE°'ADJUSTMENi(MIS) 2005.00014 - ,�. ,_...-..,. -..,-rat -..:;,:,:.:. i•: . • eve DRENNAN LOT LINE ADJUSTMENT m mu ent . .. _ . . . -'-: S F"'9`a'rBetter"'Community 120 DAYS = 1/12/06 SECTION I. APPLICATION SUMMARY FILE NAME: DRENNAN LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2005-00014 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) separate parcels. Parcel #1 of 11,761 will become approximately 7,520 square feet. Parcel #2 of 17,372 will become 21,613 square feet respectively. APPLICANT: John W. Drennan P. O. Box 23603 • Tigard, OR 97281 OWNERS LOT 1 & 2: John W. Drennan John F. Burnett P.O. Box 23603 3263 W Minarets Avenue Tigard, OR 97281 Fresno, CA 93711 LOCATIONS: PARCEL 1: 11660 SW Greenburg Road; WCTM 1 S135DC, Tax Lot 6900 PARCEL 2: 11675 SW 91st Avenue; WCTM 1 S135DC, Tax Lot 7000 ZONING . DESIGNATIONS: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family 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. 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 .Developmer*Direcfor's'designee Chas APPROVED the above request subject`to. certain conditions of approval: The findings tand.�conclusions on`which.:the decision'•is•based'are noted in Section:I\/:: • a --ap',<• is:z Ci'..;l�._;�.itr .:.. `✓-... - -. - NOTICE OF TYPE I DECISION PAGE 1 OF 4 MIS2005-00014—DRENNAN LINE ADJUSTMENT `.. • CONDITION OF APPROV• PRIOR :;TO THE::. RECORDING: OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION ::;SHALL=' BE:.SATIS.FIED:I UNLESS OTHERWISE NOTED;', THE';STAFF :CONTACT ..SHALL: BE CHERYL CAINES -: IN THE. PLANNING:: DIVISION AT `5.03-639:-4171: 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Planning Department.. The survey map shall include all access and utility easements. If both parcels do not meet the minimum requirements, the approval will become invalid. 2. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. THISAPPROVAL`,SHALL BE VALID FOR 18 MONTHS 'FROMTHE EFFECTIVE DATE OF THIS DECISION.. .° SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located at the intersection of SW 91st Avenue and Greenburg Road. Both parcels are surrounded by residential uses and are larger than the minimum requirement of 7,500 square feet: Each lot is developed with a single family residence. The proposed adjustment will allow for future development of a third residential lot. Proposal Description: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) separate parcels. Parcel 1 of 11,761 will become approximately 7,520 square feet. Parcel 2 , of 17,372 will become 21,613 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. The applicant's statement and site plan state the reduced parcel will be approximately 7,520 square feet after the adjustment. The reduced size is so close to the minimum, and the applicant has only provided approximate boundaries and lot areas. Therefore the approval is contingent upon both parcels meeting the minimum lot size of 7,500 and will become void if the actual size of either lot cannot meet that minimum. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2005-00014-DRENNAN LINE ADJUSTMENT By reducing the lot siathe lot or structures(s) on the OW II not be in violation of the site development or zoning district regulations for that district; As discussed above the applicant states that neither lot will be below the minimum required in the R-4.5 zone, but a survey is being required as a condition of approval. Based on the site plan, no existing structures will be in violation of the required setbacks. The adjusted property line will be approximately 15.9 feet from the existing residence on Parcel 2. Setbacks from the structure on Parcel 1 are not being affected by the lot line adjustment. 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 2 from 11,761 to approximately 7,520 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. Parcel 1 will have approximately 96 feet of frontage on SW Greenburg Road. Parcel 2 is a corner lot and will have approximately 197 feet of frontage on SW 91st Avenue and approximately 58 feet on SW Greenburg Road. The standard refers to the partitioning of parcels only. The requested approval is for a lot line adjustment which does not affect the existing access to the parcels. Only the rear setback of parcel 1 is be ing affected by the adjustment. For Parcel 1 the new rear setback will be approximately 15.9 feet which exceeds the fifteen feet required. Setbacks for the residence on parcel 2 are not being affected by this proposal. 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 4 MIS2005-00014-DRENNAN LINE ADJUSTMENT . Where a common dri a is to be provided to serve molt than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Both parcels have individual street access. No common drive is being proposed with this application. This standard has been satisfied. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access for both parcels is pre-existing. No 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. 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 SEPTEMBER 22, 2005, AND BECOMES EFFECTIVE ON SEPTEMBER 23, 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. 01t14-' O' - September 22, 2005 APPROVED BY: Cheryl Caines DATE Permit Technician NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2005-00014-DRENNAN LINE ADJUSTMENT ~/N,) •.; '. `- CITY of,TIGARD iiriiiii.- ._1___ GEOGRAPHIC INFORMATION SYSTEM DAKOTA ST YICINI'rlf MAP IIIIlI__ , . -h, ��■■�> MIS2005 00014 III . ADJUSTMENT E NT� DRENNAN LOT ------) III I LINE J 1°-'LLE' • iirik . ill ' . . . vRG ' ' . _,-- -.A...FERR `\\�~ - 0 1!!II. S LN 049 � � I LOMITA �y N � . ..' avu"MT�Q Qro 1 ' '-' : ". itra7 ■ r •v ELA y , ! eEEF 1)RD 1:74‘UM ■ Tigard Area Map TAN GELA C • MI ■j ` N I: ' co 0 100 200 300 400 Feet*44f. • . � S � .1"=327 feet J *:. City of Tigard� ; -'At N its. Imo§— fwg1111111/ . InfomiaUon on this map is for general location only and ;' , should be verified with the Development Services Division. "� �, 13125 SW Hall Blvd•�. Tl125 W ll Blv C , (503)639.4171 A��J'/ ' ,P� 1:\\\ / http://www.ci.tigard.or.us 4 RCiq� • Plot date:Sep 21,2005;C:\magic\MAGVC03.APR Community Development • A IFFIDAVIT OF MAILING '''= CITY OF TIOARD Community DeveCopment Shaping A Better Community I, Patricia L.Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior AdministrativeSpeciauist for the City of7igard Washington County, Oregon and that I served the following: {Check nppropnate Box(s)Below) © NOTICE OF DECISION FOR: MIS2005-00014/DRENNAN LOT LINE ADJUSTMENT 0 AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"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 Exhibit"B", and by reference made a part hereof, on September 22,2005,and deposited in the United States Mail on September 22,2005, postage prepaid. 0 ' 1 ./ 4,,, py,-, (Person tha Pr-•:red otice Or STATE OT OACGOTT ) County of Washington )ss City of Tigard ) �jl Subscribed and sworn/affirmed before me on the - day of___ _ , 2005. OFFICIAL SEAL !, r r SUE ROSS * r NOTARY PUBLIC-OREGON I NOT P BLIC OF OR O 1 COMMISSION NO.375152 MY COMMISSION EXPIRES DEC. ,2007 �, ___ My Co ssion Expires: /- D 7 EXHIBIT A NOTICE OF TYPE I DECISION - LOT LINE ADJUSTMENT (MIS) 2005-00014 >l - ' cur OF TIOARD Community Deveropment DRENNAN LOT LINE ADJUSTMENT Shaping A Better Community 120 DAYS = 1/12/06 SECTION I. APPLICATION SUMMARY FILE NAME: DRENNAN LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2005-00014 PROPOSAL: The applicant is proposing to adjust one (1) property line, which will reconfigure two (2) separate parcels. Parcel #1 of 11,761 will become approximately 7,520 square feet. Parcel #2 of 17,372 will become 21,613 square feet respectively. APPLICANT: John W. Drennan P. O. Box 23603 Tigard, OR 97281 OWNERS LOT 1 & 2: John W. Drennan John F. Burnett P.O. Box 23603 3263 W-Minarets Avenue Tigard, OR 97281 Fresno, CA 93711 LOCATIONS: PARCEL 1: 11660 SW Greenburg Road; WCTM 1 S135DC, Tax Lot 6900 PARCEL 2: 11675 SW 91st Avenue; WCTM 1S135DC, Tax Lot 7000 ZONING DESIGNATIONS: R-4.5; The R-4.5 zoning district is designed to accommodate detached single-family 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. 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 MIS2005-00014—DRENNAN 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 CHERYL CAINES 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 Planning Department. The survey map shall include all access and utility easements. If both parcels do not meet the minimum requirements, the approval will become invalid. 2. Following recording, the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. 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 at the intersection of SW 91st Avenue and Greenburg Road. Both parcels are surrounded by residential uses and are larger than the minimum requirement of 7,500 square feet Each lot is developed with a single family residence. The proposed adjustment will allow for future development of a third residential lot. Proposal Description: The applicant- is proposing to adjust one (1) property line, which will reconfigure two (2) separate parcels. Parcel 1 of 11,761 will become approximately 7,520 square feet. Parcel 2 of 17,372 will become 21,613 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. The applicant's statement and site plan state the reduced parcel will be approximately 7,520 square feet after the adjustment. The reduced size is so close to the minimum, and the applicant has only provided approximate boundaries and lot areas. Therefore the approval is contingent upon both parcels meeting the minimum lot size of 7,500 and will become void if the actual size of either lot cannot meet that minimum. NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2005-00014-DRENNAN LINE ADJUSTMENT By reducing the lot siathe lot or structures(s) on the I ill not be in violation of the site development or zoning district regulations for that district; As discussed above the applicant states that neither lot will be below the minimum required in the R-4.5 zone, but a survey is being required as a condition of approval. Based on the site plan, no existing structures will be in violation of the required setbacks. The adjusted property line will be approximately 15.9 feet from the existing residence on Parcel 2. Setbacks from the structure on Parcel 1 are not being affected by the lot line adjustment. 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 2 from 11,761 to approximately 7,520 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. Parcel 1 will have approximately 96 feet of frontage on SW Greenburg Road. Parcel 2 is a corner lot and will have approximately 197 feet of frontage on SW 91st Avenue and approximately 58 feet on SW Greenburg Road. The standard refers to the partitioning of parcels only. The requested approval is for a lot line adjustment which does not affect the existing access to the parcels. Only the rear setback of parcel 1 is being affected by the adjustment. For Parcel 1 the new rear setback will be approximately 15.9 feet which exceeds the fifteen feet required. Setbacks for the residence on parcel 2 are not being affected by this proposal. 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 4 MIS2005-00014-DRENNAN LINE ADJUSTMENT `` • Where a common drive 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. Both parcels have individual street access. No common drive is being proposed with this application. This standard has been satisfied. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access for both parcels is pre-existing. No 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. 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 SEPTEMBER 22, 2005, AND BECOMES EFFECTIVE ON SEPTEMBER 23, 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. t C ' September 22, 2005 APPROVED BY: Cheryl Caines DATE Permit Technician NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2005-00014-DRENNAN LINE ADJUSTMENT �/� CITY of TIGARD —� �— GEOGRAPHIC INFORMATION SYSTEM DAKOTA .ST VICINITY 114AP 11111 III --s iirJ - _____> 14 \ III ♦ W DRENNAN LOT P- � ■ I LINE ADJUSTMEN T Q n H 11 ptm. RM w BL�'G ' ------J > III _ ri) •RSFERR \_ t cy) .i:t. pi ti� • LOMITA FEaav or >...u, LEWIS LN °' SITE �e iiIII \) '' T-ANGELA hil . -------„,,, "°' ;.,,,,-.:- w y ' : BLM'T'RO' P� Q m BONITA QP - or LN BEEF BEND RO DUR • RD , 4111 I / Tigard Area Map ■ TANGELAA C� iI4 N I H 0 100 200 300 400 Feet EIPI ■Ellifth,O • S� 1'=327 feet co •�Z J_ �A����� ^'. � s "., Mq11111r �� City of Tigard �•, Information on this map is for general location only and ' should be verified with the Development Services Division. 13125 SW Hall Blvd S(vC♦ 110, Tigard,OR 97223 !� Q , (503)639-4171 M' 401 i,, Ir http:llwww.ci.tigard.or.us qi . • Plot date:Sep 21,2005;C:\magic\MAGIC03.APR Community Development 1S135DC-06900 • • EXHIBIT DRENNA JOHN W& BURNETT JOHN F&STEPHANIE A PO BOX 23603 TIGARD,OR 97281 1S135DC-07000 DRENNAN JOHN W& BURNETT JOHN F PO BOX 23603 TIGARD,OR 97281 John F. Burnett 3263 W. Minarets' Avenue Fresno, CA 93711 • • LOT LINE ADJUSTMENT ` hi TYPE .I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION d PARCELY,2 �b p.n so `�' Property Address/Location(s): !1675- 5.uJ, q/ s r s— 7/GA RD / G , 9 7223 Tax Map &Tax Lot#(s): /5 / 3 5 JJ C FOR STAFF USE ONLY 0 ?DO() Site Size: /6 , 7 92 5 q, Fr r Case No.(s): HI 5 Aob5:000 I Property Owner/Deed Holder(s)*: (Attach list if more than one) O BOX 2 3 66,3 Other Case No.(s): Address: P. O. City/State: 7/GAR.], i?. Zip: q-72 g/ Receipt No.: 700 5 - LF.R3‘, Primary Contact: Tvtf,v l.t/, Application Accepted By: e - ec41-1w' Phone:503 — 6 35 -5 7q2_ Fax: a----- Date: ,—.R -o-S PARCELx ( ; /� /�, Date Determined Complete: ' -14-OS Property Address/Location(s): //‘C.O S,W, 6/rGCN(3[ �, Rev.7/1/05 is\curpin\masters\revised\Ilaa.doc T/GAR B DR, g722-j Tax Map &Tax Lot#(s): /S f 3.c 7l g 06100 / Site Size: /176 / S9, fir; Property Owner/Deed Holder(s)*: (Attach list if more than one) Address: P,O, l30 X 23 6o 3 REQUIRED SUBMITTAL ELEMENTS City/State: ' T/GA i2) 0 t . Zip: 17 2.,g/ (Note: applications will not be accepted without the required submittal elements) Primary Contact: T;14 At \A/ _RE,v,vA,v Phone: 5-03._ 639— S 7 .92._ Fax: -- Applicant*/Agent: El Form Address: ?.D , 30X 2 3 6 6 3 ❑ Owner's Signature/Written Authorization City/State: 7-704R) O/p Zip: 9 72 8/ ❑ Title Transfer Instrument or Deed / ^� 111 Preliminary Map (2 copies) Primary Contact: Two Nov lit/. D•RN.vfri iv Phone: So 3- 639- 55 7 92- Fax: ❑ Site/Plot Plan (2 copies) ❑ Site/Plot Plan (reduced 8t/,'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 $454.00 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: 17 3,7,1 2- parcels of /6)792. and 1/ i) 6 / (number) Appal, square footage) 2 i4 PPRO x,5-,,A20 r P 4610 ir,AT into parcels of 7, and (number) ( or squaretfootage) • • List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: NONE' - 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 3C day of AC)6-v.ST , 20 ©S- Applicant/A/ horized Agent's Signature Owner's Signature tel� Owner's •nature Owner's Signature CITY OF TIGARD 8/30/2005 13125 SW Hall Blvd. 2:45:05PM Tigard,Oregon 97223 IL. (503) 63 9-4 17 1 Receipt #: 27200500000000004236 Date: 08/30/2005 • Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2005-00014 [LANDUS]Lot Line Adjustment 100-0000-438000 395.00 MIS2005-00014 [LRPF]LR Planning Surcharge 100-0000-438050 59.00 Line Item Total: $454.00 Payments: Method Payer User ID Acct./Check No.Approval No. How Received Amount Paid Check JOHN W DRENNAN CAC 288 In Person 454.00 Payment Total: $454.00 • PRQ OSED PROPERTY LINE ADJUSTMENT I,o W (U.a FOR JOHN DRENNAN - p0 BOUNDARIES STILL APPROXIMATE (D p O" EXISTING AREAS AS PER COUNTY RECORDS p .O _ 11ZA 1 l 1 0 0:a.1 „411 O (7 O ;..10 a 5 H _ N89°50' "E * A 92.00" n lw r �' h :WED SEP 14 08:40:20 2005 17jDAEci7 E :PRE •n TRLE :PRELIM PROPOSAL ~ _ O • . . O W W 6 o le t9a o 4' "ft) weu ; o 4 Ei H V ,`ry" Q1 b I ; • ^ N N T 1 660 11* 0 4/ (/) PRIP > `, casr wwv 4 La W Q EXIST D/WAY 6 0 20 #16792 0 •+i'! cri 0 0 10 CU . mo*-1 P "s6:8 I 8 1n . SCALE: in = 4A'- ��?s N 40' Spy 1� IY 3• �f 4 VJ...* RCcEpvEF� ss�° c9m 0'i EP S>to. �i� wac sur�eroR � d I 2005 �' 1 J.>?� / GILBERTSON "� �i%.i •. LAKE p51ME00, OR 3 j are 474 /y fRArK PUYWC�EY 836-7590 ��Qg° 1 teft P j J 0 rFNE°S 12/31/05 ENGINEERING` '- • • Applicants Narrative Statement Reae Dp/free))�� o � 18.410.040 Approval Criteria 471- 6 200 ° A. Approval criteria. The Director shall approve or deny a request for a lot/lin,e j tment in writing based on findings that the following criteria are satisfied: ivG 1. 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; RESPONSE Tax lots 06900 and 07000 will be re-configured. No additional parcel is created by the lot line adjustment and the reconfigured lots will be approximately 7,520 sq.ft. and 21,600 sq.ft. Each of the reconfigured lots will exceed the minimum lot size of 7,500 sq.ft. established by the zoning district. 2. 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; RESPONSE: The reduction of the lot size for tax lot 06900 does not cause a violation of the site development or zone district regulations for that district. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the application zoning district; RESPONSE: The minimum width of the building envelope area shall meet the lot requirement of the applicable zone district. b. 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; RESPONSE: The lot area, as shown on the submitted plan, is not a flag lot nor is the access way part of the lot area calculations. c. Each lot created through the partition process shall front a public right-ofnway by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and RESPONSE: The proposal is not a partition process and no lots are being created. The property line adjustment will have no effect on either lot 06900 or 07000 as far as access is concerned. Both lots will continue to have more than the minimum frontage and access requirements. Lot Line Adjustments 18.410-1 11/26/98 • • d. Setbacks shall be as required by the applicable zoning district. RESPONSE: The homes that now exist on the parcels comply with the setback standards of the code and will comply with the setback standards of the code after the lot line adjustment. 4. With regard to flag lots: a. 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. RESPONSE: The applicant is not proposing a flag lot as part of the lot line adjustment. b. A screen shall be provided along the property line of a lot of record where the paved drive is an access way is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. RESPONSE: The applicant is not proposing a flag lot as part of the lot line adjustment. 5. 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. RESPONSE: The applicant is not proposing any new access ways to the existing homes. Existing access ways will be used. 6. 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. RESPONSE: The applicant is not proposing a common dive to serve more than one lot. Each lot has its own frontage and has its own driveway. 7. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. RESPONSE: No additional access ways are being proposed with the lot line adjustment. B. Exemptions from dedications. A lot line adjustment is not considered a development action for purposes of determining whether flood plain, green way, or right-of-way dedication is required. RESPONSE: No dedications will occur with this property line adjustment nor will the applicant determine flood plains, green ways or rights-of-way. Lot Line Adjustments 18.410-1 11/26/98 • • C. 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. RESPONSE: No variances or adjustments are being proposed with the lot line adjustment. Lot Line Adjustments 18.410-1 11/26/98 • • . „dlgPuiplllQf'�) CITY OF TIGARD OREGON September 1, 2005 John W. Drennan P. O. Box 23603 Tigard, OR 97281 RE: 11675 SW 91St Avenue 11660 SW Greenburg Road Lot Line Adjustment Dear Mr. Drennan: I have done a review of your lot line adjustment application. Unfortunately I cannot issue the decision because all approval criteria have not been addressed. Although the remaining criteria may not be applicable, each must be addressed for the application to be deemed complete and the lot line adjustment legal. Enclosed please find an example of a narrative. Please submit a narrative addressing all criteria under TDC 18.410.404 A, B & C. If you have any questions, please contact me at (503) 639-4171 x2451. Sincerely, Ae,u34, a• Cheryl A. Caines Planning Technician 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 444 4 /444 ..•• •"'s "-• . le;-•4. ..- . . , . .• • ••• •• --- • • ( '‘,„ • • • • • .. • NJ. ) • • •, -a, --- •• ,•,.. —.-/' .,,-, •,„,„„> +v..... ••-•..-)".' , ,• •••• • • ' • •• • • , i „>,•,„:s •• •••• • • •• • • • • .„ • / • • • • • • i , -•, .. . • ..\•:„ i • „. • ...„... ,....„.„•-•::4. . • • 44•4:+1$4 • . . . . . . . • t/4444.),,../44 • • • • . . • . •• 4: • . ••-•,1 / • ••••••• • i • • :„... ,,-- ,..., , • • • , „ .. , . (:„. .N..‘- „ • •• • : • : • • • , • • • , 4.......,,. . ..,., 4 .• .• '••4'444'44441 4/4/4 44• •4 4 44 / 4 1....,,,,‘,....." / . 4,,,.. ". . 4 i / . . .4. I .444 • 4 . 4 : . • . 4!: ' ......,6 ... • .:::::: . .... . • . ,...4,4.,. ..• .• .. , . . . ....: • . • :::: .......•: • . .. • .• • , .. / . . • • 4 / 4 \\:„7 .• . . 4 .• . . • •• I • . . • • . . .• .• 4• ••44 • I . . . . • . .• • • 1 •• . .. • . . . . • • . . : ..„..„ • • • • • • • :„ • • ''..•:••,,,„ •••••.... ••• ._ • • • : • • • • • • • • • • • • • • • • „ . • • • • „ • ••: ••-•-::„.. .. • • • • • • • • • .. ••• ...„ ••,,,,„.„,„ ...„••• • • • • „ •• • •••• „ •••••, • ••• :••••• •• . • •• :::::::•• • • • • • • • \ .. ,o• C7 W ' 9 k„-„, 4, Av F i . . ,,,, ,T ..,, ..., ,.1.4, I.. ( . '<•••43 1 •:• • .... • • • • • . • .1., ..,. • • ;...: •••• . . • . . • •• • • .. .. ••• . •• ;.;I f•1:::••••::C.:-I....-...1 •. . . •.. ..• .• . :!i ..-.;;:::••,..: .. ... . I...,..• ....::••. ..::.. • • ......... • • .. ...•: 1.......::::::::::.:::::: ............ ... . . . • • .• • ... • • . • . . . . . . • • • • . • . •. • .• . ..----........,)•-•74e,........4,, .. . ... Rug 29 05 06: 59p Dr. John Burnett 559-447-9416 p. 1 1-0-4-N PAW_ itkr4 Itizq to.r 51 ; reeui , 1;-0 : ofq w. et-r Cs ?4) E - u ¶D Aizt1/4mu Le) p2i IA-kJ I -M V Y i7i2.1M ( r( O4 TO VvAD((6- LOT L r G A-r) )(t S7 pfe0 G 12 Tr C S I i 6(9 v S RAJ U R&- Po ( t 67F- Uv ( Cii Tia , PINIET 3 3 RA ( NA-(Z ES AVE "F(20 No, CA- C(� 5s6f - I � • • I 18.410.040 Approval Criteria A. Approval criteria. The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: 1. 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; ANSWER: No new parcel will be created by the lot line adjustment and the resulting adjustments will not reduce either parcel below the minimum lot size in the zone. 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; ANSWER: The structure on the reduced lot will meet all setback requirements for the zoning district. 3. The resulting parcels are in conformity with the dimensional standards of the Zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; b. The lot area shall be as required by the applicable zoning district. d. Setbacks shall be as required by the applicable zoning district. ANSWERS TO (3) ABOVE: The resulting parcels are in conformity with the dimensional standards of the zoning district.and meet all required setbacks of the zoning district. C-/°-RCC REQUESTED oY STATE OF OREGON .....V�D.If'-. ` 0. 1,�_ FIDELITY NATIONAL TITLE COMPA•OREGON County of Wa8hlI " LrJ GRANTOR'S NAME ment Jerry 9 ft�n�eatnj'"�� r of��c- is Michael D. Cearley and Nadine E. Cearley Clerk for,Jd- �����ee •�- rti that the wIt 1n$trpni,' bf WHth1g^"r:sec Ived GRANTEE'S NAME and re rUed':01boj6k 014ecorii f said county, " John W. Drennan and John F. Burnett '` �•"' .� ° . .. i,Y:' 1. SEND TAX STATEMENTS To John W. Drennan :a J P. HenaBhi'flrector of 11675 SW 91st Ave. -`A shill j axatlon,Ex- Tigard, OR 97223 Berk Doc : 99083812 AFTER RECORDING RETURN TO: Rect: 235697 225.00 .john W. Drennan 07/14/1999 03:05:25pm 11675 SW 91st Ave. Tigard, OR 97223 ... . - . r cis- STATUTORY WARRANTY DEED °'o NJ Michael D.Cearley and Nadine E.Cearley,as tenants by the entirety, Grantor, conveys and warrants to t'o john W.Drennan and John F.Burnett ODIXXXIOCINEXXXXXIKX ,Grantee,the following described • real property, free and ;,sear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon, REIUMEIgKEXHIMMIGEDDIXIM t, Lots 8 and 9, Chareen, in the City of Tigard, County of Washington and State of Oregon, excepting therefrom that I . portion described in Deed to the City of Tigard,for road purposes recorded August 24, 1990, as Recorder's Fee No. 90-45857, Records of the County of Washington and State of Oregon. U Subject to and excepting: • !:13 AS DESCRIBED IN EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF •r: . d THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF F 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- 2 PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST Q FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS S188,175.00 (See ORS 93.030) DATED: July Q , 1999 / Michael D. Cearley . cis Ng WASHINGTON COUNTY 4 • R£A PERTI' TRANSFER TAX Nazi e E. Cearley / d • ®7•l*-9q rr� FEE PAID DATE 7,- _ ;- OFFICIAL , 0 PHYLLIS G noon ; `'"'` j NOTARY PUBLIC-OREGON STATE OF OREGON `Y•: COMMISSION NO.047222 MY CAMMISSION EXPlREB OCT Ol>e 191!0'i COUNTY OF Clackamas This instrument was acknowledged before me on ' July '1 .1999 .; .. 4, _',� OFFICE'SEAL -.:.'1 • } c'r.-r- TAfl plows .STONER by Michael D. Cearley and Nadine E. Cearley ' `g^-/-- NOTARY,a! -LI -OREGON S-0,--/- •, ` 4'" cOMml'.;a3N 0.047922 r. i, MY COMMISMO 1 FIRES I T.05,MS NOTARY PUBLI FOR OREGON MY COMMISSION EXPIRES: - JI ^ FORD-313 (Rev 2/96) STATUTORY WARRANTY DEED 'ti's • • r.-n,TfTm 11.11 cnnir)ii ei v Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as s-t forth in the document Recorded: November 17, 1948, Book 291, Page 38 Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, Familial status or national origin) as set forth in the document lecorded: July 25, 1951, Book. "0", Page 7, Miscellaneous Records Easement(s)for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Tigard Purpose: Public utility easement Recorded: August 24, 1990, Fee No. 90-45858 Affects: the Southeasterly portion of the premises a • �� • waa""gt°" °""" 2005-082033 1 PM t� STATE OF(0-058 ■1 *twin 1 REED $10..00$5.00$11.001117.00•Total•$44.00 ounty of W John W return to John Frederick Burnett Re o d on th �IIIIII III II II1IIIIIIIIIIIIIIIOIH �� I certify th 00801541200500820330020021 •P.O. Box 23603 4 Mr/Henson,Director of Assessment and Taxation n � • book/reel/vo as Eo.00Kle county clerk for Washington county, �.'.;:, . Po tla n d, OR 97281 d.Don,do hereby Wily that the wItNn Instrument of K('-; and/or as fee .15nO von received end recorded lnlh.hook of �' •.t. Until a change is requested all tax statements SPACE RESERVED Maras of said county. w '`M1 ear. shall be sent to the following address: RECORDER'S USE Witness n JHrt'R."""E, ro c.ituyeakett and Toulon, Escrow No: 42-4103 l6-DH Name Title Order No: 410316 By ,Deputy BARGAIN AND SALE DEED-STATUTORY FORM ♦10 (INDIVIDUAL or CORPORATION) v Stephanie A.Burnett V Grantor,conveys to CHiCAGOTg1E INSURANCE COMPANY OF OREGON HAS RECORDED THIS INSTRUMENT AS AN ACCOM• ODATION ONLY ANDASSUMES NO LIABILITY FOR V John W.Drennan and John Frederick Burnett ERRORS OR OMISSIONS HEREIN,NOR DOES Grantee,the following described real property: CHICAGO TULE REPRESENT THAT IT WILL CREATE r g P perty: THE ESTATE OR INTEREST IN REAL PROPERTY WHICH IT PURPORTS TO CREATE. SEE LEGAL DESCRIPTION ATTACHED HERETO 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 y farming or forest practices as defined in ORS 30.930 `4-- The true consideration for this conveyance s$16,100.00. U (Here comply with the requirements of ORS 93.030). Dat 2l ;if a corpora r ant or ' as caused its name to be signed by order of its board of directors. ,a. _5.14-1/...1,-;;s. WASHINGTON COUNTY t . •Burn % REAL PROPERTY TRANSFER TAX $ /7.00 7—/l'05 FEE PAID DATE STATE OF CALIFORNIA County of F"cf y This instrument was acknowledged before me onthe /Z day o£,Ttrfe,2005 by Stephanie A,Burnett Notary Public for California My Commission Expires: /o/i../ 7 (SEAL) <t E��,Vi�A!1�1Nj.�DALE i,h,�N• \ C0/114.1143913i +1 NOW • :.�. • • III H1111111011111 A_ • • LEGAL DESCRIPTION In Section 35,Township 1 South,Range 1 West of the Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: Beginning at the Southeast corner of that certain tract of land conveyed by Fred H.Felzian,et ux,to Franklin M.Bell,et ux,and described in Deed Book 276,Page 383,Washington County Deed Records;thence following the Northerly line of Greenburg Road 56°51'West a distace of 96 feet;thence Northeasterly to a point on the Northerly line of the tract referred to above,said point being 48.55 feet Northwesterly from the Northeast corner of the tract above referred to;thence along the Northerly line of aforementioned tract 48.55 feet to the Northeast corner thereof;thence South 0°01'West 200 feet to the place of beginning. ' 410.4,>eW,,- ---- _-_,; • • . . 11 ir.'t;i _ii M.Pr;PON? ! ImfY ... .r.n..7.7.11t• An RAMIlleii hAllinefq..name of TIT!.F p.m!F A Nien7(VIM()A WTV,.F Cr ITrZnr -11KlirtrzeLe i MO SW Fourth Avenue Portland. OR 97201-5512 Phone: (503)222-3651 ihis map 13 proviasei as a convamence la locating properly Pr.,hmfe•j,-•,righ'7,--'t —•-:-'....r.•:-:.,t ;•41:";;;.:::v;.::',...!:::!..'".:i.j:;----j;"'4"--:::-',.7.......• u....,,:ium.o.;by an actual SterVey oGqoo Reference Parcel Numlacr -IS 1 35 DC 0 70 d 0 -- . ."1. t) ----- "'1- 437 RA 00 -.. ----'J-7/ Y' ‘e 0 V' "7-1T7 .6r $1 2 i• .s / •y ._ , „ 1 0)s, / '‘ -=___\_..,•— iN- J .1‘ ftb/ )24- N 141317 '"I 01:-'t 1.-> 1 000 -.• al Z\ftri i': . / i . , , .,, oN 05-. — --c-ib -- 'ig -- 1 , / \ s , -„-- --..c.;,' ---i < trft.4 .' 77 -,,.._ I C' '''' / 5 ry, ), ;., I ›.. isivm),. t _4' vIli;.,. `. 4.7 1+3 IN / 2a1;• '.e" '.' 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