Resolution No. 87-63 CITY OF TIGARD, OREGON
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RESOLUTION NO. 87-(P3
A FI?JAL ORDER IN THE MATTER OF THE APPLICATION FOR LOT LINE ADJUSTMENT AND
VARIANCE REQUF_STr_D BY KENNETH WAYMIRE ET AL, FILE NO.s M 14-86/V 29-86
APPROVING THE APPLICATION, ENTERING FINDINGS AND CONCLUSIONS.
The Tigard City Council heard the above application at a public hearing on
April 20, 1987.
The Council finds the following facts in this matter:
1. The applicant requested a lot line ,,djusLmLnt to enlarge lots 58-69 of
Bond Park No. 3 and a Variance to allow lot depths of more than 2 1/2
times the lot width
2. The proposal was denied by the Planning Director on January 6, 1987, and
the decision was upheld by the Planning Commission on March 3, 1987.
3. The Council reviewed the proposals, modifications of the original
proposal, and all pertinent information at its regularly scheduled hearing
on April 20, 1987.
4. The relevant approval criteria are contained in Chapters 18.134 and 18.162
of the Community Development Code.
Based upon the record in this case, the Council finds that the Lot Line
Adjustment and Variance conform with Variance and Community Development Code
criteria as noted in the Director's decision.
The staff and Planning Commission reasons for denial, noted in the January 6,
1987 Director's Decision, are correct given the information that was available
at the time. However, the applicants and the adjoining property owner to the
west made additional information available to the Council relating to the
status of the 81st Avenue roadway easement.
The evidence available indicates that the 81st Avenue easement is no longer
needed by any adjoining properties as a sole means of access. Also, the
property owner immediately west of the subject property is willing to vacate
said easement.
The Code provision which prohibits lot depths thy` exceed 2.5 times the
average width is intended to help prevent the creation of parcels that are
difficult to redivide or develop in the future. The owners of Lots 58-69 of
Bond Park No. 3 have stated that no redivision o,- development is desired or
practical and the group's intention is to establish larger lots for the
existing residences. The enlarged lots can be treated as any other platted
subdivision and no access needs to be provided to accommodate future
partitions.
r. Although the proposed lots will greatly exceed the minimum lot size of the
j R-12 (Residential, 12 units/acre) zone, the Community Development Code does
not prevent or discourage exceeding minimum lot size standards.
RESOLUTION NO. 87-Lp3
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NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Based upon the findings and conclusions, the Planning Commission decision is
reversed and the Council orders that M 14-36/V 29-86 is approved subject to
the following conditions:.
1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MEI PRIOR TO
RECORDING TFIE LOT LINE ADJUSTMENT WITH WASHINGTON COUNTY.
2. The lot- line adjustment survey map and legal descriptions shall be
submitted to the Planning Director for review and approval Prior to
recording.
3. Utility easements within Lots 58-69 shall be vacated and new
easements created as deemed necessary by the Engineering Division.
4. The applicant shall initiate procedures to relinquish the SW 81st
Avenue roadway easement.
5. The cost of utility and roadway easement vacations shall be borne by
the applicant.
6. The "Declaration of Covenants, Conditions, and Restrictions for Bond
Park No. 3" shall be expanded as provided in Article II to include
tho additional property.
7. The approval is valid if exercised within one year of the final
approval date.
PASSED: This /,S day of d,{` 1987.
Mayor - City of Tigard
ATTEST:
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�Ci�y Recorder - City of Tigard
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RESOLUTION NO. 87- CP 3
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