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DIR2011-00002 �1 1, DIRECT'OR'S INTERPRETATION T I GARD DIR2011 -00002 DATE: November 15, 2011 CODE CHAPTER: 18.410 Lot Line Adjustments TOPIC: Lot Consolidation LOCATION: Citywide I. REQUEST The Tigard Development Code recognizes that some parts of the code may not provide adequate guidance in some situations. It was not possible for the code's drafters to anticipate all land use circumstances. To address this, Chapter 18.340 of the code authorizes the director to render an administrative code interpretation to provide greater clarity. City staff has received inquiries about how two legal lots of record may be consolidated into a single lot through the elimination of one or more recorded lot lines. The Tigard Development Code is ambiguous on this matter and does not provide clear direction. In order to address this circumstance, the following two sections analyze the situation and establish an appropriate Director's Interpretation on how the code is to be administered. II. ANALYSIS Ambiguity in the Tigard Development Code The Tigard Community Development Code does not have a chapter for the governance of lot consolidation. The most similar chapter to the applicant's request is Chapter 18.410 of the Tigard Development Code which provides rules, regulations and criteria for the governing of lot line adjustments. As defined by the Tigard code (18.120.030.A.107.1), a lot line adjustment is "the relocation of recorded lot lines which does not result in the creation of an additional lot ". Relocation is not a defined term in the definitions chapter (18.120 of the code). Common definitions of the term include "movement," and "to locate and establish in a new place," but not elimination or removal. No other chapters address the matter directly or indirectly, with partitions and subdivisions strictly limited to the division of land. Oregon Revised Statutes In the absence of a clear local process for lot consolidation, the city must turn to state statute for guidance. Oregon Revised Statutes (ORS) governing subdivisions and partitions utilizes the term "property line adjustment" in lieu of "lot line adjustment ". As defined in ORS 92.010(12), a property line adjustment "means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel." This definition is almost identical to Tigard's definition save for one significant addition in that the review 1 of 2 process may approve either the relocation or elimination of a property line. Given the similarity of the language, the intent of the local and state definitions appears substantially similar. Consistency with the Tigard Development Code Application of the state definition within the context of Chapter 18.410 of the Tigard Community Development Code would not be inconsistent with approval standards set forth in 18.410.040 (Approval Criteria). The purpose of the approval criteria is to ensure that newly configured lots satisfy minimum lot standards. Given that lot consolidation will result in larger lots, it is expected that either minimum standards will be met, or nonconforming lots will become less non- conforming. III. INTERPRETATION Lot consolidation shall be governed as a lot line adjustment, utili7ing approval standards and administrative procedures set forth in Chapter 18.410 of the Tigard Community Development Code. F /40A/ L OIC 'r,(/•a/ 1 1 L - L1 Ronald B. Bunch, Community Development Director Date 2 of 2