Loading...
MIS2005-00018 NOTICE OF TYPE I.DECISION'= -� LOT LINE ADJUSTMENT(MIS) 2005-00018 CITY O "- OF TIOARD''.: . • ALPINE VIEW LOT LINE ADJUSTMENT Community Development - SliapingA'Better Community 120 DAYS =5/17/2006 • SECTION I. APPLICATION SUMMARY FILE NAME: ALPINE VIEW LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2005-00018 PROPOSAL: The applicant is proposing to adjust two (2) lot lines, which will reconfigure two (2) different lots. The two lots are located within the City of Tigard's Incorporated Boundary. Parcel #1 of 3.19 acres will become 4.14 acres; parcel #2 of 1.45 acres will become .50 acres. APPLICANT/ OWNER PARCELS l& 2: ECF Alpine View, LLC Attn: Graham Colton 1310 SW 17 Avenue Portland, OR 97201 LOCATIONS: PARCEL 1: WCTM 2S109AB, Tax Lot 00900, 13267 SW Bull Mountain Rd (3.19 acres) PARCEL 2: WCTM 2S109AB, Tax Lot 01000, 13255 SW Bull Mountain Rd (1.45 acres) COMPREHENSIVE PLAN DESIGNATIONS: R-7; Single-Family, Medium-Density Residential. ZONING: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.410, and 18.520. 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 MIS2005-00018—ALPINE VIEW LOT LINE ADJUSTMENT w; CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED WITHIN 18 MONSTHS OF THIS DECISION: Unless otherwise noted, the staff contact shall be Gary Pagenstecher in the planning division at 503-639-4171. 1. 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: Lots #1 and #2 are located within Tigard's Incorporated Boundary. Single-family dwellings exist on both Lots #1 and #2. Both lots are part of the Alpine View Subdivision (SUB2004- 00024). The Alpine View Final Plat has not yet been approved. The Metzlers sold their property (Lot #1) to the developer, ECF Alpine View, LLC. The sale occurred under the 1031 Exchange rules that required reinvestment of the proceeds to occur with six months of the sale. As the Plat is not due to be recorded within the six-month period, the parties have applied for the lot line adjustment between the parcels so that a legal parcel, Lot #2 (also described as Lot 20 in the Alpine View Subdivision) will be available for timely purchase under the 1031 Exchange rules. In order to accomplish this, the applicant has submitted a signed agreement between the Metzlers and ECF Alpine View, LLC stipulating that the Metzlers agree to sign the plat with respect to the subject property as co-declarant. At the time the plat is recorded, the legal description of their property will go from the metes and bounds description contained in the exhibit to the agreement to the description as shown on the recorded plat. Proposal Description: The applicant is proposing to adjust two (2) lot lines, which will reconfigure two (2) different lots. The two lots are located within the City of Tigard's Incorporated Boundary. Parcel #1 of 3.19 acres will become 4.14 acres; parcel #2 of 1.45 acres will become .50 acres. 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 minimum lot size in the R-7 zoning designation is 5,000 square feet. The proposed tax lot 100 would be reduced from 1.45 to .50 acres. Therefore, 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; A single-family dwelling exists on Lot #2. The north lot line of Lot #2 will be moved south to NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2005-00018-ALPINE VIEW LOT LINE ADJUSTMENT 0. rf Within 38 feet of the exist dwelling. In the R-7 zone, the fro and setback is 15 feet; the garage setback is 20 feet. Therefore, the structure on lot #2 will not be in violation of site development or zoning regulations. This standard is 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. In the R-7 zoning district there is a minimum lot width of 50 feet. Proposed Lot #2 will be 125 feet wide and 162 feet deep. The existing house has side yard setbacks of 32 feet and 24 feet. The lot fronts on SW Foran Street with an access drive provided for in the approved Alpine View preliminary plat. Proposed Lot #1 contains an existing dwelling that will remain. The lot will be increased in size with no impact on the standards of the zoning district. The resulting parcels are, therefore, in conformance with the dimensional standards of the R-7 zoning district. With regard to flap 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. A common driveway is not 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. The existing access way for Lot #2 is affected by this application. The driveway will become part of the expanded Lot #1. A temporary ingress/egress and utility easement in favor of Lot #2 is provided on the Lot Line Adjustment Planning Sketch submitted by the applicant. A note on the Sketch states that the easement will extinguish upon recordation of the Alpine View Final Plat. Pursuant to TDC 18.705, the access way must be a minimum of 15 feet in width, with 10 feet paved. The proposed easement is at least 15 feet in width and is at least 10 feet paved. Therefore, this standard is met. 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. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2005-00018-ALPINE VIEW LOT LINE ADJUSTMENT • • Floodplain, greenway or right-of-way dedication is not required as part of this application because the proposed lot line is not considered a development action. The proposed lot line adjustment is exempt from any dedication requirements. 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 for lots #1 and #2 located within the City of Tigard. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was mailed to the applicant and owners 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 JANUARY 19, 2006 AND BECOMES EFFECTIVE ON JANUARY 20 , 20d6. 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. 074,41, January 19, 2006 PREPARED BY: G-' Pagens echer DATE Associate Planner January 19, 2006 APPROVED BY: Richard Bewersdorff DATE Planning Manager NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2005-00018-ALPINE VIEW LOT LINE ADJUSTMENT �\ \Y * CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP \ ' lir _ . STJAMES� J 14 o MIS2005-00018 "�� W'� . ALPINE VIEW ilk MOUNTAIN-RIDGE CI lw �� 0 LOT LINE ADJUSTMENT WI r N/ N SINE VIEW , HOODt J HIRE S� , -i 11110 ALPINE:VIEW r X -J X m L sITE „pR VIEW R N' - ,i —Th v.- `. 4. 2 -0 RO/SSS111444111 vS `'� {. w 0 \ 5 R 'pig'0 \N ,.` V) ` ' aU� Nrv'- QP G �+©ONitO 0 `'` \ 1 �RQCKY_MT}CT I� ' '7 V"Y `' \ aFL 8/R�� OURHA:.1RIP ,,,,,o-b%)? ``, bi, `N ■ Tigard Area Map wA. G� \�`. 1 �UGLE�TJ iii„■11 Da�O BIRD.SVIIEWY_ST •• N,..__ Sr 0 100 200 300 400 Feet _ .Art irAsio, 1"=3213 feet air �� _ I1III1L nA l III • r a:. City of Tigard �� Information on this map is for general location only and C, I.. should be verified with the Development Services Division.- R----. �,�G 13125 SW Hall'Blvd Tigard.OR 97223 • twww.39-4771 i-r- http(503) http://www.ci.tigard.or.us Plot date:Jan 18,2006;C:\magic\MAGIC03.APR Community Development i 4. • °"blPifjlln AFFIDAVIT OF MAILING CITY OFTIGARD Community DeveCopment Shiaping A Better Community I, TatriciaL.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative SpeciatIstfor the City of7igard, Washington County, Oregon and that I served the following: • {Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: MIS2005-00018/ALPINE VIEW LOT LINE ADJUSTMENT ❑ 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 January 19,2006,and deposited in the United States Mail on lanuary19,2006, postage prepaid. . — ' diliv / � /_/ v/ (Person that P =mod Notice/ • STATE OF OREGON ) County of Washington )ss. City of Tigard ) ,,,A, Subscribed and sworn/affirmed before me on the c 7 day of - , 2006. .,40,3 �. OFFICIAL SEAL ��,�r4 SUE ROSS J NOTARY PUBLIC-OREGON COMMISSION NO.375152 MY COMMISSION EXPIRES DEC.1,2007 . , (14:272) NOTARY ' C OF OREGON (,,24_d 7 . My Com II :ion Expires: . EXHIBIT... NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2005-00018 == I CITY OF TIGARD I ALPINE VIEW LOT LINE ADJUSTMENT Community� Coment ity Shaping A Better eve Communp 120 DAYS =5/17/2006 SECTION I. APPLICATION SUMMARY FILE NAME: ALPINE VIEW LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2005-00018 PROPOSAL: The applicant is proposing to adjust two (2) lot lines, which will reconfigure two (2) different lots. The two lots are located within the City of Tigard's Incorporated Boundary. Parcel #1 of 3.19 acres will become 4.14 acres; parcel #2 of 1.45 acres will become .50 acres. APPLICANT/ OWNER PARCELS 1& 2: ECF Alpine View, LLC Attn: Graham Colton 1310 SW 17 Avenue Portland, OR 97201 LOCATIONS: PARCEL 1: WCTM 2S109AB, Tax Lot 00900, 13267 SW Bull Mountain Rd (3.19 acres) PARCEL 2: WCTM 2S109AB, Tax Lot 01000, 13255 SW Bull Mountain Rd (1.45 acres) COMPREHENSIVE PLAN DESIGNATIONS: R-7; Single-Family, Medium-Density Residential. ZONING: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.410, and 18.520. 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 MIS2005-00018 ALPINE VIEW LOT LINE ADJUSTMENT CONDITIONS OF APPROVI THE FOLLOWING CONDITION SHALL BE SATISFIED WITHIN 18 MONSTHS OF THIS DECISION: Unless otherwise noted, the staff contact shall be Gary Pagenstecher in the planning division at 503-639-4171. 1. 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: Lots #1 and #2 are located within Tigard's Incorporated Boundary. Single-family dwellings exist on both Lots #1 and #2. Both lots are part of the Alpine View Subdivision (SUB2004- 00024). The Alpine View Final Plat has not yet been approved. The Metzlers sold their property (Lot #1) to the developer, ECF Alpine View, LLC. The sale occurred under the 1031 Exchange rules that required reinvestment of the proceeds to occur with six months of the sale. As the Plat is not due to be recorded within the six-month period, the parties have applied for the lot line adjustment between the parcels so that a legal parcel, Lot #2 (also described as Lot 20 in the Alpine View Subdivision) will be available for timely purchase under the 1031 Exchange rules. In order to accomplish this, the applicant has submitted a signed agreement between the Metzlers and ECF Alpine View, LLC stipulating that the Metzlers agree to sign the plat with respect to the subject property as co-declarant. At the time the plat is recorded, the legal description of their property will go from the metes and bounds description contained in the exhibit to the agreement to the description as shown on the recorded plat. Proposal Description: The applicant is proposing to adjust two (2) lot lines, which will reconfigure two (2) different lots. The two lots are located within the City of Tigard's Incorporated Boundary. Parcel #1 of 3.19 acres will become 4.14 acres; parcel #2 of 1.45 acres will become .50 acres. 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 minimum lot size in the R-7 zoning designation is 5,000 square feet. The proposed tax lot 100 would be reduced from 1.45 to .50 acres. Therefore, 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; A single-family dwelling exists on Lot #2. The north lot line of Lot#2 will be moved south to NOTICE OF TYPE I DECISION PAGE 2 OF 4 MIS2005-00018-ALPINE VIEW LOT LINE ADJUSTMENT within 38 feet of the elling dwelling. In the R-7 zone, the t t yard setback is 15 feet; the garage setback is 20 feet. Therefore, the structure on lot #2 will not be in violation of site development or zoning regulations. This standard is 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. In the R-7 zoning district there is a minimum lot width of 50 feet. Proposed Lot #2 will be 125 feet wide and 162 feet deep. The existing house has side yard setbacks of 32 feet and 24 feet. The lot fronts on SW Foran Street with an access drive provided for in the approved Alpine View preliminary plat. Proposed Lot #1 contains an existing dwelling that will remain. The lot will be increased in size with no impact on the standards of the zoning district. The resulting parcels are, therefore, in conformance with the dimensional standards of the R-7 zoning district. 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. A common driveway is not 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. The existing access way for Lot #2 is affected by this application. The driveway will become part of the expanded Lot #1. A temporary ingress/egress and utility easement in favor of Lot #2 is provided on the Lot Line Adjustment Planning Sketch submitted by the applicant. A note on the Sketch states that the easement will extinguish upon recordation of the Alpine View Final Plat. Pursuant to TDC 18.705, the access way must be a minimum of 15 feet in width, with 10 feet paved. The proposed easement is at least 15 feet in width and is at least 10 feet paved. Therefore, this standard is met. 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. NOTICE OF TYPE I DECISION PAGE 3 OF 4 MIS2005-00018-ALPINE VIEW LOT LINE ADJUSTMENT • . • Floodplain, greenway or right-of-way dedication is not required as part of this application because the proposed lot line is not considered a development action. The proposed lot line adjustment is exempt from any dedication requirements. 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 for lots#1 and #2 located within the City of Tigard. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was mailed to the applicant and owners 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 JANUARY 19, 2006 AND BECOMES EFFECTIVE ON JANUARY 20 , 2006 . 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. 4:41111111° January 19, 2006 PREPARED BY: G. Pagens echer DATE Associate Planner January 19, 2006 APPROVED BY: Richard Bewersdorff DATE Planning Manager • NOTICE OF TYPE I DECISION PAGE 4 OF 4 MIS2005-00018-ALPINE VIEW LOT LINE ADJUSTMENT J,(\ �� \ CITY of TIGARD \ GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP BYNAMES LN t Z lit/ lir \ i MIS2005-00018 qG ��� /4 "�- ALPINE VIEW M4U. TAIN_-1.D_ Ec cc r LOT LINE ADJUSTMENT. Ilialla HOODyISTA — • ALPINE VIEW - \ w � . �. S. 1 414p ØALPEVtEW m . a M = P ,,,, 1 , • moi . . IN \----<:-. L •(,' \ \ � gyp' IEW D`2 Z . cc \ \ r ii F> -.....„ iiiippe , gG. mla LL ■ ('�rC . II'. el jR-y^''� f = !eogi f_RO 8(4 ,� `�```�� / ROCJ(Y MTf2T I I . �� I (, < �` G / eE`ee,ma nt!NUAM 'a0 ,I Yl qi SS, Lill/,� BI1C=1 F C:T F` 7lgard Area Map\ 4 • • - �O 61'PS IEW ST A N 0 100 200 300 400 Feet elf Ala 1"=328 feet / MEM ___. r 4111PI7 � � /111111 A.,..0 ,, City of Tigard �� �` Information on this map is for general location only and should d be e verified with the Development Services Division. 13125 SW Half Blvd ■•101 Tigard,OR 97223 RHETT - - (503)839-4171 CjT • http://www.ci.tigard.or.us Plot date:Jan 18,2006;C:\magic\MAGIC03.APR Community Development 2S109AB-01000 • • ECF ALPINE VIEW LLC EXHIBIT 1310 SW 17TH AVE PORTLAND,OR 97201 2 109AB-00900 ECF IN EW LLC 1310 HAVE TLAND,0 97201 tvJ • • •. q r AFFIDAVIT OF MAILING ` ''' CITY OF TIOARD Community rDeve(opment Shaping A Better Community I, Tati ciaL.Lunsford being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialzstfor the City of Tigan4'Washington County, Oregon and that I served the following: (Check Appespxate Box(s)Below) • © NOTICE OF DECISION FOR: MIS2005-00021/M152005-00022/MIS2005-00023 — KRASAUK & SWOPES LOT LINE ADJUSTMENTS 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 January 10,2006,and deposited in the United States Mail on January 10,2006, postage prepaid. s t :t=repare. STATE OAF O CgON ) County of Washington )ss City of Tigard ) Subscribed and sworn/affirmed before me on the Ok day of e , 2006. • e`t OFFICIAL SEAL -• SUE ROSS ‘47,1 NOTARY PUBLIC-OREGON COMM 2SION NO.375152 MY COMMISSION EXPIRES DEC.1,2007 • 4.0,19) MAR UC OF OREGON My Co sion Expires: /0 Z—I d 7 I/ EXHIBIT A NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT _111 CITY OF TIOARD Community Development MIS 2005-0002112005-0002212005.00023 Shaping A Better Community KRASAUSK & SWOPES LOT LINE ADJUSTMENTS 120 DAYS = 5/6/06 SECTION I. APPLICATION SUMMARY FILE NAME: KRASAUAK & SWOPES LOT LINE ADJUSTMENTS CASE NO.: Lot Line Adjustment(MIS) MIS2005-00021 MIS2005-00022 MIS2005-00023 PROPOSAL: The applicant is proposing three (3) property line adjustments, which will reconfigure four (4) separate parcels. Lot #1 of 19,215 will become 44,860 square feet. Lot #2 of 16,271 will become 7,502 square feet. Lot 3 of 16,066 will become 7,500 square feet. Lot 4 of 15,816 will become 7,500 square feet respectively. APPLICANT: S Miles Schlesinger 11455 SW Shrope Court Tigard, OR 97223 OWNER OWNER LOT 1: Stacy Schlesinger LOT 2: Bret & Linda Swopes 4216 SW 4th Avenue 13440 SW Howard Drive Portland, OR 97239 Tigard, OR 97223 OWNER OWNER LOT 3: Bret & Linda Swopes LOT 4: Paul Krasausk 13440 SW Howard Drive P.O. Box 5931 Tigard, OR 97223 Beaverton, OR 97006 LOCATIONS: LOT 1: 10120 SW Tigard Street; WCTM 1S135CC, Tax Lot 3400 LOT 2: 10145 SW Katherine Street; WCTM 1S135CC, Tax Lot 2900 LOT 3: 10135 SW Katherine Street; WCTM 1S135CC, Tax Lot 3000 LOT 4: 10085 SW Katherine Street; WCTM TS135CC, Tax Lot 3100 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 NOTICE OF TYPE I DECISION PAGE 1 OF 5 MIS2005-00021/22/23—KRASAUSK&SWOPES LOT LINE ADJUSTMENTS -rt useSare 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. 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. 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 Tigard Street and SW Katherine Street. All four parcels are surrounded mostly by residential uses with some older office and industrial uses to the south and northwest. All are developed with single family residences. Because the parcels have large vacant areas, the proposed adjustment will allow for future development of the sites. Proposal Description: The applicant is proposing three (3) property line adjustments, which will reconfigure four (4) separate parcels. Lot #1 of 19,215 will become 44,860 square feet. Lot #2 of 16,271 will become 7,502 square feet. Lot 3 of 16,066 will become 7,500 square feet. Lot 4 of 15,816 will become 7,500 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 NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2005-00021/22/23-KRASAUSK&SWOPES LOT LINE ADJUSTMENTS 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; four (4) lots exist and four (4) 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 44,860 (Lot 1), 7,502 (Lot 2), 7,500 (Lot 3) and 7,500 (Lot 4) square feet after the adjustment. Therefore, 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; • The resulting lot sizes will remain above the minimum required in the R-4.5 zone. Based on the survey, no existing structures will be in violation of the required setbacks. The adjusted property lines will only reduce the rear yard setbacks for Lots 2, 3 & 4. The new setbacks will be approximately 40 feet from the existing residence on Lot 2, 43 feet on Lot 3 and 47 feet on Lot 4. 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. Lot 1 is increasing in size and width. The reduced lot sizes of Lot 2 from 16,271 to 7,502 square feet, Lot 3 from 16,066 to 7,500 square feet and Lot 4 from 15,816 to 7,500 square feet still provide 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. The frontages of the lots will not be affected by this adjustment. Lot 1 has approximately 64 feet of frontage and Lots 2, 3 & 4 each have 75 feet of frontage. 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 setbacks of Lots 2, 3 & 4 are being affected by the adjustment. These new setbacks exceed the fifteen feet required as discussed above. The property line for Lot 1 is being moved further from the existing structure. 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. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2005-00021/22/23-KRASAUSK&SWOPES LOT LINE ADJUSTMENTS • -t 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. All parcels currently have individual street access. Pending approval of the adjustment, the applicant plans to redevelop the vacant areas of Parcel 1. If a shared access is • proposed, it will be reviewed to insure current standards can be met. This standard has been satisfied. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access is pre-existing for all parcels. Any future proposed access must meet current standards at the time of 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 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 JANUARY 18, 2004, AND BECOMES EFFECTIVE ON JANUARY 19, 2004. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2005-00021/22/23-KRASAUSK&SWOPES LOT LINE ADJUSTMENTS Questions: I • 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. eAtte January 18, 2005 APPROVE BY: Cheryl Caines DATE Assistant Planner NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2005-00021/22/23-KRASAUSK&SWOPES LOT LINE ADJUSTMENTS \/ CITY of TIGARD 411 GEOGRAPHIC INFORMATION SYSTEM L' I P-Lir VICINITY MAP TIGARD ST MI52005-00021 • 101:, go,. 1 MIS2005-00022 T CT �� MIS2005-00023 SW 1 �s PIHAS KRASAUSK & SWOPES 4.'w CT PIHAS ST *9 .• .x\11 I I LOT LINE ADJUSTMENTS. . . ,.. ill 1 ,.,, imminix , ( ITII., il ., • . A, A me ris . MEADOW ST ST e ■ .ii ,y �,< - 0` .. ,• KA---LIE-1N • . 6, cb4S41111111 i• _-Y- eit _ .,- . 60/pT‘,_i;i, Coq ,Er nF-? DURHAM ) J Tigard Area Map I, )/' PP O OA S • N 0 100 200 300 400 Feet 1"=328 feet C-Y` DAL: �'!j� P co i' lir y2 City of Tigard I O Information on this map is for general location only and should be verified with the Development Services Division. Air* 13125 SW Hall Blvd Tigard,OR 97223 J� (503)639-4171 �\�A /�✓Q�. Vi \ http://www.ci.tigard.or.us Community Development Plot date:Jan 18,2006;C:\magic\MAGIC03.APR DOS0') ,� ; ti 1S135CC-03100 • • KRASAUSK PAUL& EXH I B ITS. HARG JOE MAC JR TOTORICA CAROL E PO BOX 5931 BEAVERTON,OR 97006 1S135CC-03400 SCHLESINGER STACEY 4216SW4THAVE • PORTLAND, OR 97239 1S135CC-02900 SWOPES BRET&LINDA 13440 SW HOWARD DR TIGARD,OR 97223 1 S 135CC-03000 SWOPES BRET& LINDA S 13440 SW HOWARD DR TIGARD,OR 97223 S. Miles Schlesinger 11455 SW Shrope Ct. Tigard, OR 97223 • • PRE-,APP.HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 4.�r�i l l 1 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION M LS Z 0,0.5.- 6 U V1 File# (SaW)-Zoo4---egro-Vgi Other Case # Date I`( 4D, By Receipt# x"05` 51°' City Urb Date Complete 1/o1ra TYPE OF PERMIT YOU ARE APPLYING FOR iaAdjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (Ill) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LUCA I ION WHERE NROPUSEU AC I IVI I Y WILL OCCUR(Address it available) 32-56 3 2-67 SuJ Bow._ ko.m,t-reAl..CRpos,tom. I AX MAP& I AX LO I NOS. �►•SG►.del. ZS to 9At3 ax Lo r-s 900-4-(000 10 I AL SI I E SILL ZONING CLASSIFICA I ION 3. 13 A c.(ees 2-.- 1 , AEA)t u 0A - tet.Iscri s� 17pIL APPLICAN l* LI 1. .c (��f1.ti�• 1FLtJJ MAILING AUURESS/CI 1 Y/S I A I E/LIP t 3 t o S t s 17 A ut,.>,utc ?o i-"i.-Arab O� ,7zj t PHONE NO. I-AX NU. 503 .zZZ.. to ZS 503. ZZZ , 2.4 So PRIMARY CON I ACI PERSON PHONE NO. Ge.0444ASA. Co 1.. "0 5o 3. ZLZ . 9(0 k1 PROPER I Y OWNER/DEED HOLDER(Attach list it more than one) MAILING AUURESS/CI I Y/S IAl t/LIP • • PHONE NU. FAX NO. • -`When the owner and the applicant are different people, the applicant must be thc purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. TheLarWners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) LET NIA fkDJ u s'TME.r.fr TO 6f.,e_a -n.�E- Ekf S'T-�N6 P QnMiext ?A& oF ft•4 ) JD ..(-41 I J6. Co+,-rri2er cam- ri.:45,4 T 4 A P P G,f Ca -,T a,.1D -ED.,�.°►� �. AN'o 5A C.. J►e-T Wig.. APPLICATIONS- WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. • THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). 1 SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. /6AS <-1— Owner's Signature Date Owner's Signature; Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature. Date • • Applicant/Agent/Representative's Signature . Date 1 A CITY OF TIGARD 11/1/2005 13125 SW Hall Blvd. 12:44:44PM i�6,0r,;,�.���A Tigard,Oregon 97223 • . (503) 639-4171 Receipt #: 27200500000000005600 Date: 11/01/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2005-00018 [LANDUS]Lot Line Adjustment 100-0000-438000 . 395.00 MIS2005-00018 [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 HARRIS-MCMONAGLE KJP 12501 In Person 454.00 ASSOCIATES INC. • Payment Total: $454.00 • • Harris-McMonagle Associates, Inc. ENGINEERS-SURVEYORS 12555 S.W. HALL BLVD. TIGARD,OREGON 97223-6287 Thlephone(503)639-3453 October 27, 2005 Gary Pagenstecher Associate Planner City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 - Project: Alpine View, File#(SUB) 2004-00024 Subject: Lot Line Adjustment Application Gary: To adjust the lot line, as a Type I staff review procedure, of Tax Lot 900 (Metzler Tract), into Tax Lot 1000 (Murphy Tract),Tax Map 2S-1W-9AB. This will re-proportion the two legal tax lots of record for their sales purposes when the Metzler Tract is conveyed to ECF Alpine View LLC for the development of their future subdivision named Alpine View. At this time of conveyance, the current owners of the Murphy Tract will then convey the re-proportioned Tax Lot 1000 to Edward J. & Saundra C. Metzler. The Applicant requests a lot line adjustment to complete an underlying contract between the Applicant and the owner of 1 S 19AB TL 1000 Edward J. & Saundra C. Metzler. A Type II subdivision application named Alpine View is currently under the appeal period from the Hearings Officer Decision from the City. This lot line adjustment application will re-configure the existing parcel configuration before the final platting of the subdivision plat,by filing the lot line adjustment survey with the Washington County Survey Department and recording the new deeds. Currently, there are two (2) legal parcels. This application adjusts the boundaries two of the parcels,but does not create any additional parcels. Attached are the Land Use Application materials for the proposed Lot Line Adjustment. Refer to the proposed lot line adjustment exhibit and the site plan for existing building locations and the proposed lot configuration. Please contact our office with any further questions, or if you need additional application copies/materials. (7)incerely, mes (Jay) O. Harris roject Engineer T RANSMITWAL Harris - McMonagle Associates, Inc. Engineers -Surveyors -Planners 12555 S.W. Hall Boulevard Tigard, Oregon 97223 Tel. (503) 639-3453 -Fax (503) 639-1232 DATE: A3t7 ks RECEllVED TO: / GARY PAGENSTECHER 1 NOV 3 01005 CITY OF TIGARD 1 a � Ro 13125 SW HALL BOULEVARD NEERING ,__ TIGARD, OREGON 97223 J RE: 4, 101 ,P_ WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS: SHOP DRAWINGS PRINTS SAMPLES CHANGE ORDER COPY OF LETTER -LANS �ATA SPECIFICATIONS MYLARS OTHER: `�`-- FOR YOUR: REVIEW COMMENTS APPROVAL 621 FILE COPIES DATE / DESCRIPTION RetAi��il . j 7L/,, , Zei cif //--)260'_ :..2 . - . /e %J /v�/9-e c .�--, - `1� <- J REMARKS: / ' ' — - " e - ,/ ,on - .0 /' 124 4424/7/1-6Q.t22. / / r //ht.../ '2e-el eQ.-3, 64&10-7----, / //2n7:,--->w4vd,-% -7--- /-1.17/- f 1. • • ALPINE VIEW LOT LINE ADJUSTMENT APPLICATION CITY OF TIGARD Applicant: ECF Alpine View, LLC 1310 SW 17th Avenue Portland, Oregon 97201 Engineer/Surveyor: Harris-McMonagle Associates,Inc. 12555 SW Hall Boulevard Tigard,Oregon 97123 October 27, 2005 Revised November 30, 2005 ALPINE VIEW LOT LINE ADJUSTMENT APPLICATION TABLE OF CONTENTS Applicant and Consultants 2 Site Description 3 Project Description 4 Development Code for the City of Tigard Chapter 18.390, Decision-Making Procedures Chapter 18.410, Lot Line Adjustments 5-9 1 • ALPINE VIEW • LOT LINE ADJUSTMENT APPLICATION APPLICANT AND CONSULTANTS Applicant: ECF Alpine View,LLC 1310 SW 17`h Avenue Portland,Oregon 97201 Contact Person: Graham Colton Phone: 503.222.9617 Fax: 503.222.2450 Engineering/Surveying/Planning: Harris-McMonagle Associates,Inc. 12555 SW Hall Boulevard Tigard, Oregon 97123 Contact Person: Jay Harris Phone: 503.639.3453 Fax: 503.639.1232 Geotechnical: GeoPacific Engineering,Inc. 7312 SW Durham Road Portland,Oregon 97224 Contact Person: Jim Imbrie Phone: 503.598.8445 Fax: 503.598.8705 Traffic Engineer: Kittelson and Associates. 610 SW Alder Street, Suite 700 Portland, Oregon 97205 Contact Person: Michael Ereti Phone: 503.228.5230 Fax: 503.273.8169 Arborist: Tree Care and Landscapes Unlimited 5600 Rosewood Street Lake Oswego, Oregon 97035 Contact Person: Ray Myer Phone: 503.635.3165 Property Description: Washington County Assessor's Map 2S 109AB, Tax Lots 700, 800, 900,and 1000. Lotline adjustment on Tax lots 900 and 1000. Site Size: 8.69 acres(Entire Alpine View Site) Existing Tax Lot 900—3.19 AC,Existing Tax Lot 1000— 1.45 AC Zoning: R-7,Medium Density Residential. Proposal: Lotline Adjustment between Tax Lots 900 and 1000,Tax Map 2S 109AB. 2 ALPINE VIEW S LOT LINE ADJUSTMENT APPLICATION SITE DESCRIPTION SITE DESCRIPTION The Alpine View site was annexed into the City of Tigard and was given a City of Tigard zoning designation of R-7: Medium-Density Residential District. The site consists of four parcels that will be combined to form a single subdivision that is 8.69 acres in size. The northern boundary of the Alpine View site abuts two parcels that are in unincorporated Washington County. The western boundary abuts the Three Mountain Estates subdivision. The eastern boundary abuts the Foran and Raven Ridge subdivisions. The southern boundary abuts four parcels that are in unincorporated Washington County. The City of Tigard Planning Department approved the Alpine View Preliminary Plat Application last summer. The staff approval was appealed to the City's Hearing Officer last month. The Hearings Officer denied the appeal several weeks ago. The appeal period to the Land Use Board of Appeals will expire at the end of the month. 3 ALPINE VIEW LOT LINE ADJUSTMENT APPLICATION PROJECT DESCRIPTION PROJECT DESCRIPTION REQUESTED LAND USE APPROVAL The Applicant is requesting land use approval for a lot line adjustment of two tax lots within a subdivision reviewed and approved by the City of Tigard. The area of Tax Lot 90.0 is currently 3.19 acres and after adjustment the area will be 4.14 acres. The area of Tax Lot 1000 is currently 1.45 acres and after adjustment the area will be 0.50 acres. The house currently on the existing -Tax Lot 1000 (Alpine View Preliminary Plat Lot 20) will remain. The proposed Tax Lot 900 will be further subdivided into 19 single-family detached homes, as shown in the City of Tigard- approved subdivision application for Alpine View. The lot line adjustment application will be reviewed through a Type I process. LOTS The lotline adjustment location was calculated to match the boundary location of lot 20, as shown on the Alpine View Preliminary Plat. The newly adjusted parcels exceed the lot size minimums of the Tigard'R-7 land use zone. Note that once the lotline adjustment is approved, the area shown as lot 20 on the Alpine View preliminary plat will not be included in the final subdivision plat of Alpine View. 4 ALPINE VIEW S LOT LINE ADJUSTMENT APPLICATION Chapter 18.390 — DECISION-MAKING PROCEDURES Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.010 Purpose • A. Purpose.. The purpose of this chapter is to establish a series of standard decision-making procedures that will enable the City, the applicant, and all interested parties to reasonably review applications and participate in the local decision-making process in a timely and effective way. Each permit or action set forth in Chapters 18.320- 18.385 has been assigned a specific procedure type. 18.390.020 Description of Decision-Making Procedures B. Types defined. There are four types of decision-making procedures, as follows: 1. Type I Procedure. Type I procedures apply to ministerial permits and actions containing clear and objective approval criteria. Type I actions are decided by the Director without public notice and without a public hearing; 18.390.030 Type I Procedure A. Preapplication conference. A preapplication conference is not required for a Type I action. B. Application requirements. 1. Application Forms. Type I applications shall be made on forms provided by the Director as provided by Section 18.390.080 (E-1). 2 Application Requirements. Type I applications shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; and c. Be accompanied by the required fee. C. Administrative decision requirements. The Director's decision shall address all of the relevant approval criteria. Based on the criteria and the facts contained within the record, the Director shall approve, approve with conditions or deny the requested permit or action. D. Final decision. The Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally, and is the final decision of the City. E Section not used. F. Section not used. G. Effective date. The Director's decision is effective on the day after it is final. Comment: The proposal is to file the lotline adjustment application as a Type I procedure, as allowed by Section 18.410.020A. 5 ALPINE VIEW S LOT LINE ADJUSTMENT APPLICATION Chapter 18.410 — LOT LINE ADJUSTMENTS Chapter 18.410 LOT LINE ADJUSTMENTS 18.390.010 Purpose A. Purpose. The purpose of this chapter is to provide rules, regulations and criteria governing approval of lot line adjustments. 18.390.020 Description of Decision-Making Procedures A. General. All development permit applications shall be decided by using one of the following procedure types. The procedure type assigned to each action governs the decision-making process for that permit, except to the extent otherwise required by applicable state or federal law. The Director shall be responsible for assigning specific procedure types to individual permit or action requests, as requested. Special alternative decision-making procedures have been developed by the City in accordance with existing state law, and are codified in Section 18.390.070. 18.410.020 Approval Process A. Decision-making process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.410.040. B. Time limit on approval. The lot line adjustment approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval. The lot line adjustment approval by the Director shall lapse if 1. The lot line adjustment has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; or 2. The final recording is a departure from the approved plan.. D. Extension. The Director shall,'upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No changes are made on the original plan as approved by the Director; 2. The applicant can show intent of recording the approved partition or lot line adjustment within the one year extension period; and 3. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. 18.410.030 Application Submission Requirements A. General submission requirements. All applications shall be made on forms provided by the Director and shall include information required for a Type I application, as governed by Chapter 18.390. 6 ALPINE VIEW S LOT LINE ADJUSTMENT APPLICATION Chapter 18.410 — LOT LINE ADJUSTMENTS B. Specific submission requirements. All applications shall include the preliminary lot line map and necessary data or narrative, detailed information for which shall be obtained from the Director. Comment: The proposed application materials will be in conformance with the City requirements. 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; Comment: The creation of an additional parcel is not proposed by this adjustment. The southerly parcel area is reduced by 0.95 acres, leaving 0.50 acres. One-half of an acre exceeds the minimum lot area of 5,000 square feet in the Tigard R-7 zone. 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; Comment: The proposed lotline adjustment does not violate any known development or zoning district regulations. The setbacks for the existing house to remain on the southerly and northerly adjusted parcels are shown on the attached survey/site plan. A public utility easement is being added along the east property line of the southerly-adjusted parcel for the future extension of SW Foran Way. 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; Comment: The east to west width of the southerly-adjusted parcel is 138.89'. The north to south width of the northerly adjusted parcel increased to 458.4'. Both widths are well in excess of the minimum lot width of 50' in the R-7 zone. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation; Comment: The area of the southerly-adjusted parcel is 21,800 sf, well in excess of the minimum lot area of 5,000 sf in the R-7 zone. c. 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 7 ALPINE VIEW S LOT LINE ADJUSTMENT APPLICATION Chapter 18.410 — LOT LINE ADJUSTMENTS Comment: Refer to the lotline adjustment sketch. A ingress egress easement is being created for the southerly adjusted parcel to provide access to SW Bull Mountain Road via the existing 50' wide ingress egress easement recorded in book 488, page 290; and book 491, page 361; Washington County deed records. The northerly adjusted parcel will continue to access SW Bull Mountain Road via the aforementioned existing easement. d. Setbacks shall be as required by the applicable zoning district. Comment: Refer to the lotline adjustment sketch. The setbacks are shown for the existing structures to remain on the southerly and northerly adjusted parcels. All setbacks exceed the minimums allowed in the R-7 zoning district. 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. b. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Comment: The approval criterion does not apply since the creation of flag lots is not proposed. 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fghting capabilities. Comment: The existing driveways to the existing homes on both adjusted parcels will not be modified with this adjustment. 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. Comment: The proposed easement to the existing home on the southerly parcel will serve only one home. The existing ingress egress easements to SW Bull Mountain Road (book 488, page 290; and book 491, page 361; Washington County: deed records), provide access for multiple property owners/homesites. The existing easement to SW Bull Mountain Road does not include maintenance rights. With the development next spring of the Alpine View subdivision, a public street will replace the asphalt driveway currently constructed in the easement. 7. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. Comment: The accessway location/widths to each existing homesite will not change with the proposed lotline adjustment. 8 ALPINE VIEW LOT LINE ADJUSTMENT APPLICATION Chapter 18.410 — LOT LINE ADJUSTMENTS B. 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 Comment: The future right of way dedication for the southerly adjusted parcel for SW Foran Way, will remain with the northerly adjusted parcel so it can be dedicated as right of way on the final plat of Alpine View in the future. Refer to the attached sketch. 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 Comment: No variances are proposed with this lotline adjustment. 18.410.050 Recording Lot Line Adjustments A. 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. B. 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. Comment: The recorded survey will be delivered to the City, as required by this Section. 9 FROM HARRIS-MCMONAGLE ASSOCIATES. INC. (FPI ) JAN 13 2006 8:56/ST. 8 :56/N0. 6318281465 P 1 i1 11 2% lr1 ,L • Harris - McMonagle Associates, Inc. - RFCE WED Engineers:- Surveyors JAN 13 2006 12555 S.W. Hall Soulevani CITY OF TIGARD Tigard,Oregon 97223 BUILDING DIVISION • Tel. (503) $39-3453 Fax 539-1232 To: � ��=�:/ Company: 7a1-41-/A/: . • • • Date: Fax.Number /.?‘ Tel. Number .. = 1 From: 1 --�. • Project: /% � f� l/��G�� . . Number of pages to follow: -_ • COMMENTS. ; :•••• ' /l1/ / /5 ." : 1, 7/8 • • • • • SIGNED: i'/ / /• /���" FROM HARRIS-MCMONAGLE ASSOC I ATES, INC. (FRI ) JAN 13 2006 8:56/ST. 8 : 56/NO. 6318281465 P 2 • • • AGREEMENT • Made this day of January, 2006 by and between ECF Alpine View, LLC an Oregon limited liability company(hereinafter referred to as"ECF") and Edward J. Metzler and Saundra C. Metzler, husband and wife, (hereinafter referred to as "Metzlers") Whereas the parties hereto are parties to a Purchase and Sale Agreement as well as an Agreement for a property line adjustment and whereas the parties wish to proceed to close the Purchase and Sale Agreement as soon as possible with respect to the property being sold; Now therefore,the parties agree as follows: As partial consideration for closing the sale as soon as possible, Metzlers agree to sign the plat with respect to the subject property as a co-declarant. Metzlers understand and agree that at such time as the plat is-recorded,•the legal description of their property will go from the metes and bounds description contained on the exhibit to this agreement to the description as shown on the recorded plat Metzlers also agree to any minor lot line adjustments required by the plat. In witness whereof, the parties have signed this Agreement as of the date first above written. • ECF ALPINE VIEW, LLC • • By- __ � ®40,,,#► • State of Oregon ) County of ) This instrument was acknowledged before me on cithatal x,2005 by Cce-LL LfitAL4A../ clow Notary Public—State of Oregon • -OFFICIAL SEAL KAREN TATE I) ((j NOTARY PUBUC•OREGON '% COMMISSION NO,398429 1, MV COMMISSION WIRES NOVEMBER 9.2009 () Page 1 of 1 AGREEMENT Metzler lot line adjustment FROM HARRIS—MCMONAGLE ASSOC I ATES, I NC. <FRI ) JAN 13 2006 8 :57/ST. 8 :56/NO. 6318281465 P 3 • • • • • J Ni\ Edward J. Metzler., State of Oregon ) • County of ("-A\ rvG'SC z J This instrument was acknowledged before me on / , 2003rby Edward J. Metzler. • Jr"o : Pub is-State of Oregon dek/1 9L •'r a 6 CIAL SEAL° RAN McLENNAN C. Metzler ?• NOTARY PUBL1C-OREGON -COMMISSION N0.392978 MY COMMISSION EXPIRES MAY 19,2009 State of Oregon ) !County of VslT- i ) This instrument was'acknowledged before me on ,200ff by Saundra C. Metzler. • Notary Public- tate of Oregon • OFFICIAL.SEAL. CAMERON McL.ENNAN NOTARY PM:WC-OREGON 11/44:,,;:i COMMISSION NO.392978 MY COMMISSION EXPIRES MAY 19,2009 • • Page 2 II:tRWPCW22591.T.wpd • / IS MAP BASIS OF BEARING: PLATS OF "FORAN" AND "RAVEN RIDGE" AND 44 HELD 3-1/4" ALUMINUM DISK a, THE BOUNDARY SURVEYS FOR THOSE PLATS " (U,S.B.T, BOOK 5, PAGE 5 454-458) N 1/4 CORNER SN 26,413 AND SN 28,401. go i _ ', ����������H��.0 �� ^N SECTION 9 to ---._ 0 60 120 co T.2S., R.1 W., W.M. LEGEND: "W . , „ SCALE: 1"=60' M ^N • DENOTES MONUMENT FOUND AS NOTED ( ) REFERENCE NUMBER/RECORD DATA cc 0.5D LOT LOT LOT LOT ° \ L 30 LOT LOT N N -P PLAT 35 34 33 32 w 27 g z 0 DENOTES 5/8"x30" IRON ROD SET WITH -0 DEED S RED PLASTIC CAP STAMPED "W.L,Mc. L.S. 808" N NO THREE MOUNTAINS ESTATES W , THREE MOUNTAINS ESTATES v`� THRE z 9 4 1/4 SECTION CORNER MONUMENT AS NOTED S HELD N-S HELD E-W HELD E-W HELD E-W E EAST 5/8" IRF 5/8 IRF YPC 5/8 IRE YPC LOT 5/8" IRF YPC SN SURVEY NUMBER W WEST W 0.02' "DEA INC," "DEA INC." N TRACT "C" 31 (TD.M,E.)C (SN 10,843 (T.M.E.) (T.M.E.) IPF IRON PIPE FOUND NR NO RECORD (75.00'-P) (255.00'-P) (122,26'-P) HELD E-W IRF IRON ROD FOUND Q CENTERUNE 75.07' '�. 100.00' "'�. N. 254.99' \ 122.21' 7)427,1,4 - N 0.19' " IPF 18855 YPC YELLOW PLASTIC CAP ESMT EASEMENT % , , 1 299.06' 5/8" IRE YPC I S 00'00'08" E 450,00' I NOTED IN NO NUMBER S 00.00'08* E 667.97 (299.06-D) "DEA INC." DEED HELD (PERPENDICULAR (SN 9021) RPC RED PLASTIC CAP W 0.05' T.M.E, TO SECTION LINE) N.T.S. NOT TO SCALE � �,,,� ,� { } .-. T.M.E. THREE MOUNTAINS ESTATES DOC. DOCUMENT (o ° °' vi MH NO.2 MOUNTAIN HIGHLANDS NO. 2 :. z z 0 ALL FAWNGS SHOWN AS N-S-E-W ARE TO BE N. *' o o o p c� i < f= tD MEASURED AT R�HT ANGLES TO THE ADJOIMNG LINE, Z I .- N N °o w ., ni- tro v N W OW WO N o 0 '6*ft 0 0 cs4 N = f-a o o Z r- o 0 Q) WS c 2j NN = N0 I d' i N Wn. a°'o z I- W 0r-* a z TAXLOT 800 2 TAXLOT 700 zz s N '' '" O J w W N Z FZ N CTS ,�� '- F- 0 n m 0 r'')O�N N 0 • h : 00 /b )-I 3° N 0 J rn U CO NW NOTE: CQ w z w 10 O o Oa v DOC. NO oa ``' o DOC, NO 'v>t 0 io ho THE POLE OF TAXLOT 1 000 0 �. cn o -J • Y N.M 2005-008595 0 2005-008270 0 ?o, 40�..' WILL BE ADJUSTED INTO TAXLOT 900 in o W°(r::# a 1 50' 4 S 00"04'52" 406.90' - DEED CALL PARCEL 2 -.0 EXISTING TAXLOT 900 1►"' ( DEED BOOK 803 n _ __ - - Ln 50.00' WIDE EASEMENT FOR ROAD AND UTILITY PURPOSES PAGE 479 ...,........ _.._ .. � I . BOOK 4��a._.PAGE..290 AND BOOK 491, PAGE 361,.... � .{ .... HELD E-W 0 00 -D)0. �-- 450.00' DEED HEI 0 __� 1" IPF WOOD -. EXISTING TAXLOT 1000 �'- . 41 .$s'�. .. � °�'" .. _..._ ! . �_ 4s.0o - , - - - - h.lu 00'.04'52"_W. _ - -4 --- 2 , J`-- PLUG & TACK 409.51 S 00'04'52" E ,. 5.11' �. - 5 1.06' S 00'04'52* E - • S 00'04'52" E _- j S 0.04' I (SN 21,907 409.50') 4 HELD N-S NOTED IN HELD N-S HELD F c° 5 B" IRF YPC SN 9913) 3/4" IPF o) -*` a t; w 5/8 IRF �; co r o (SN 21,907) -SUMMERS PLS 1042" (SN 10,531) DOC NO W 0.10 N ., N S 89'51'54" W 0.40 9$-C' 795 (SN 10,269) c:51,-0)0 o 1 (SN 21,907) /-In WW1 HELD z M `--TAXLOT 900 �, °� 3/4" IPF CO° 9 C° k,.} ORIGINAL AREA = 3.19 ACRES ,, / HELD 3/4" IPF (SN 10,269) . DEED. HELD„33.30' (SN 10,269) (SN 10,269 100.00') •' �i w ADDED ADJU�D AREA = 0.95 ACRES r .G. s c71: N 895248 E a N N 10,269 33.30') 100.00 p N i NET AREA = 4.14 ACRES W. ``/ °� W oh D / I t� R N 02'{32'57" E 162.09' . . .....5_9:97' _..,' gui'io-ii: io 0 0 w DOC. NO .= ©>� DOC. NO v`r S 06'11'38" E R i. R o 171!1 \- " w �.•: *CA ; 90-041679 2003-174218 :�' N HELD N-S 5/8 ry / i �, •r,� °, i ,N,,, CI)co z 03. IRF E 0,09' o I W kN615 '43" W r�j� '' (n 0(SN 21,907) a Li\ 35.052` N " r-r- 38.9' '° N \ 0o J N z`'' ap HELD 5/8" O0 W \ EX'. HOUSE w I I TEMPORARY INGRESS/EGRESS DEED BOOK 803 IRF YPC DOC, _ G&L LAND DOC, NO M� NO Tt REMAIN c�o� I AND UTILITY ESMT. IN FAVOR W PAGE 479 SURVEYING INC." 91-036255) ° 9$-021525 ' '"�i 5/8" IRE YPC U! HELD 1-1/2" IPF I ;1 AIM OF SOUTHERLY ADJUSTED N.cy o i PI° PARCEL. ESMT. TO EXTINGUI H "SUMMERS PLS HELD (SN 13,190) (MH NO. 2) 01.10 oo " ._..._- r UPON RRTNPOTTE 1042E 0,11' H � F RO! ,n D -W 3/4 ALPINE N LA / 00 01 12 E 72102 " ,L. L . 8 4, IPF ,31 . X, D/W" "W.L.Mo L.S. 808" BASIS OF BEARING SN 2fi 413 ! N 89'4547" W ``' ,�Z (SN 10,269) c." (SN 21,907 311.80') I I (FORAN 64.12') (FORAM) (FORAN 409.45') o -$8-:65----�-:� --�-!7-.:28' . ' I 311.57' .-- 64.17' 409.45 3/4" IPF �°- \ , N 0.08 z 153.97 345.28' % E 0.38' N 5 6.0' PUBLIC UTILITY S 0001'12" E 721,02' ;� 110.00' ■ " " ' EASEMENT ADJUSTS (721.48'-D) N S.W. FORAN TERRACE ,0 TRACT C (345.33' FORAN) / (SN 10,269) DOC. NO, 78-031858 p � \\**. LOT PARCEL II LJMIEN�EF�IIY >P LOT 28 *. Ifp \ LOT 27 PARTITION PLAT NO. 1992-057 LOT \%\\ ' 1 "RAVEN RIDGE" PARCEL 2 REMAINER PARCEL 1 11"FO N" a "FORAM"TAXLOT 1000 P ao ORIGINAL AREA = 1.45 ACRES LESS ADJUSTED AREA = 0.95 ACRES 25' NET AREA = 0.50 ACRES z5 • DESIGN SCALE J.O.H. ECF ALPINE VIEW, LLC 1"=60' 1310 SW 17TH AVE ALPINE VIEW DRAFTED PORTLAND, OR 97201 DWG. NAME B.S.A. 503-222-9617 LOT-LINE ADJ CHECKED HARRIS-McMONAGLE ASSOCIATES, INC. SHEET J.O.H. ENGINEERS - SURVEYORS REV. DESCRIPTION SUB. APPR. DATE DATE 12555 S.W. HALL BLVD. TIGARD, OR 97223-6287 PLANNING SKETCH REFER TO TRACING FOR LATEST REVISION PHONE: (503) 639-3453 OF 1