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MLP1990-00002POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. �1 t 1' Mr. I STATE OF OREGON County of Washington City of Tigard depose and say: (Please print) That I am a The City of That , being first duly sworn /affirm, on oath Tigard, Oregon. I served NOTICE OF PUBLIC HEARING FOR: 1../1-hat I served NOTICE OF DECISION FOR: 1 City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council Notice /Notice of Decision) of which is attached (Marked A copy (Public Hearing Exhibit "A ") was mailed to each n attgc died list marked exhibit "B" on board on the (9 day of r s\id notice NOTICE OF DECISION as h bulletin it the United States Mail on the postage prepaid. amed persons at the address shown on the the t»_...._. day of _. . (i 19 , eto, attached, was ted on an appropriate 019, and deposited , 19'21E—, NOT My erson who delivered to POST OFFICE Sub ribed ar' sworn /affirm to me on the 19�;w' PUBLIC 01? ()REGO% ommisoion E,cpires: yMr w * tl��dAYFa� are vw. 11 / : W CITY OF i IGARD NOTICE OF DECISION MINOit LAND PARTITION IMP 90 -0002 VARIANCE VAR 90 -0006 BC SNAR -- OWNER /APPLICANT APPLICATION: A request to divide a 43,124 square foot parcel into two parcels containing approximately 13,018 and 26,161 square feet and an access driveway approximately 3,945 square feet in size. Also requested is a variance to allow the driveway access width to be 20 feet with a 16 foot wide paved portion where a 25 foot access width with a 20 foot wide paved portion is normally required. ZONING DESIGNATION: .R -4.5 (Residential. 4.5 units/acre) LOCATION: North side of SW Locust Street and east of SW 71st Place, Lot 7 Aum Downs Subdivision (WCTM 1S1 36AA tax lot 7300)e DECISION: Notice is hereby given that the :fanning Director's designee for the City of Tigard has APPROVED the above described applications SUBJECT TO CERTAIN CONDITIONS. The findings and conclusions on which the decision is based are noted below. Backgt fund; The subject parcel was annexed to the City in September, 1987 along with a large number of other properties in the northeast Metzger area In June, 1989 the Plann -gig Commission approved a request to c3ubdivide a 3.41 acre parcel into 6 lots (S 89 -06) Also approved avemc�ni,, - was a variance to allow a 28 foot wide pavement width for that portion of SW Locust Street that passes through the subdivision. In August, 1989 an application to incre gu pp ale the number of lots from 6 to 7 in the above described ssn xdivt' ion was approved by the Planning'Commiseion (589 -06) 2. Vicinity Information Properties Immediately ately abutting in all directions are also zoned R- 4.5. The majority of these, with the exception of land to the northeast leave been developed as single - family residences on generally small parc'eld 3. Site Information and Proposal Description The current application applies only to tot 7 of the Awn Downs subdivision located on the north side of Locust Street. The site is currently being developed for the previously approved subdivision discussed above. Some grading and filling and uree removal have already taken place. The proposed driveway has .ready been covered with gravel. A a +Norm sewer is located near NOTICE OP DECISION - MLP 90-0002/VAR 90 -0006 - : OSNA 3 PAGE 1 the easter n property line just north of the end of the pre pos d driveway. A stand of tall evergreen trees is located on the rear or north portion of the parcel. The applicant proposes to partition this large 43,124 square foot, northern lot of the previously approved Aum Downs subdivision in order to proviaio sites for the construction of two residences. The two lots created by this partition are proposed to be approximately 13,018 and 26,161 square feet in size. The remaining square footage (approximately 3,945 square feet) will be used as a driveway to serv* the two parcels being created. The applicant seeks a variance to allow the driveway access width to be 20 feet qu where 25 feet in normally required and to allow the paved widt h of the driveway to be reduced from 20 to 16 feet. 4. Agency and NPO Comments The Engineering Division has the following comments: a. The applicant has submitted a site plan showing the proposed driveway and utilities. b. Access for tha lots is provided by a common driveway connected to SW Locust Street. The paved width of the driveway must be y increased to 20 feet instead of the 16 feet shown on the site plan to meet the requirements of section 18.108.070 of the Code. c. SW Locust Street is a fully unproved newly constructed local street. The proposed driveway will require a concrete apron at its connection to the street. d. Sanitary sewer service is available on the ;site. Each ',houaa must connect separately to the line. e. Storm drainage is provided by a awale tr the east of the site. The Fire Marshall has reviewed the proposal and approved the variance requested to allow a reduction in the with of the access feet , of subject to a lf®idaeot wide hard surfaced road with 2 fv shoulder on each , as indicated in the site plan. NPO the driveway access, noting that it does not satisfy the hCode requirements with respect to the width and recommended that the access be brought into conformance. The Building Division, Metzger Water District, P.G41 . , and Tigard Schoo]. District 23a have reviewed the proposal and have nc objections to it. No other comments have been received. NOTICE OF DEC /SION - HLP 90-0002/VAR 90 -0006 - BOSNAR PAGE 2 B. ANALYSIS AND CONCLUSION Minor Land Partition The proposal satisfies the minor land partition approval criteria of Section 18.162.040 of the Tigard Community Development Code except for the width of the access driveway, discussed in the next paragraph. Otherwise, the proposal conforms with the City's Comprehensive Plan and complies with all statutory and ordinance requirements and regulations. Adequate public facilities are available to serve the proposal, the proposed lots exceed the 7,500 square foot minimum lot size and other dimensional requirements of this title. All proposed improvements, other than the driveway, meet City and applicable agency standards. Varelnce to the Access Width A request for a variance must satisfy the criteria of Code Section 18.134.050 (variance Criteria) to be approved by the Director. The applicant's request for a variance to the access width requirement of Code Section 18.108.070 (Minimum Access Width Requirements - Residential Uses) satisfies these criteria in that the proposed veria ece will not be materially detrimental to the purposes of this title, be in conflict with the policies of the comprehensive plan or other applicable policies and standards, and to other properties in the same zoning district or vicinity. There are circumstances which exist over which the applicant has no control. These are, as indicated in the,juatification for the variance provided by the applicant, two large trees and an electrical transformer located near the east property line that would have to be ,removed to accommodate a standard width driveway. Staff generally encourages applicants to retain as many tree as possible in the development process, agrees wi.h the applicant that these tre -a should be saved, and therefore, finds the applicant's justification acceptable. (Staff also reminds the applicant that before any trees are removed it will be necessary to obtain a tree removal permit.) The request for a variance does not change the use that will be made of the subject parcel, physical and natural systems will be less adversely affected because the smaller driveway will require leee fill, and the variance requested is the minimum required to alleviate the circumstances. The applicant has also provided evidence thOtt the Fire Marshall, has approved the reduced access width, thus addressing a major concern (providing adequate access for emergency vehicles) associated with the reduction of the width of an accessway. The Fire Harshen "has specified that the driveway be completed with 2 foot shoulders on each side of the NOTICE OF DECISION - MLp 90-0002/VAR 90-0006 BOSNAU 16 foot wide driveway, thus providing 20 feet of all weather surface all along the accesaway. based on these findings staff approves the request for a variance to allow a 20 foot wide access with a 16 foot wide paved area where a 25 foot wide access with a 20 f!Jot paved width is normally required. Vacation of the Sewer ,Basement The applicant has requesited the vacation of a sewer easement which does not coincide with the actual location of the storm sewer located near the east property line. The vacation process will require a separate apPtiicmtion. In addition another easement which corresponds with the actual location of the existing storm sewer must be recorded on the partition eucvey plat before the Laiisor land partition is recorded with Washington County Bufferiand Screening Code Section 18.162.050.F.1 (Screening on Flag Lots) applies to the subject application and requires that screening ng be provided along tbo property ocafi ed within 10 feet + t the east abutting lot. because drive e in is the form of a hedge, a combination of deciduous g Y �toue and evergreen trees, or a fence that provides privacy and protects the abutting property from the adverse impacts of p Y p g � y the ac.ceasway. The form of screening cho en must meat the requirements of Section 18.100 and will be required prior to issuance of occupancy permits for residences on either of the new lots. G DECISION The Planning Director's r4. signee approves Z LP 90 -0002 and VAR 90 -0006 s Object to the following sonditione s UNLESS' OTHERWIISE MIICATED ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE MINOR LAND PARTITION WITH WASHINGTON COUNTY 1, A partition survey plat and an outbound description shall be submitted to the Engineering Division before recording. The plat w shall clearly show 1) the access easement as well as ownership and maintenance responsibilities and 2) any public utility or sewer • eaaomentd STAFF CONTACT: john Ha gm an, " ngneern g Division (639.- 4171). 2. Building permits will not be issued until the Engineering Division has issued a Street opening permit for work within SW Locust Street right -of -way. STAFF CONTACT: John Hagman, engineering Division (,639- 4171.) 3. The submittal for 0 building permit shall include an € oaio n plan -. control lap conform�Ln g to "'Erosion Plane Technical Guidance NOTICE OF DECISION LP 90-0002/VAR 90 -0006 -- BOSNAR PAGE 4 Handbc ; k, November, 1989." STAFF CONTACT: Brad Roast, Building Division (639- 4171). 4. Buffering or screeni { installed along th occupancy permit for Goodwin, Planning Division (639 - 4171). 5. A 20 foot wide driveway with a paved width of 16 feet and 2 foot wide gravel shoulders shall be installed prior to issuance of an occupancy permit. STAFF COITACT: Brad Roast, Building Division (639-4171). 6. A tree removal permit shall be obtained prior to the removal f any trees. STAFF CONTACT: Vi Goodwin,, Planning Division (639-C71, THIS DECISION IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE. n conformance with Section 18.100 shall be proper line prior to the issuance of an residence on either lot. STAFF CONTACT: Vi D. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: XX The applicant and owners XX Owners of ,record within the required distance XX The affected Neighborhood Planning Organization XX Affected government agencie 2. Final Decision: THE DECISION SHALL BE FINAL ON 2.109p ....UNLESS AN APPEAL 13 FILED. Appeal: Any party to the decision may appeal this adec3isio � i of the � ( ) ' he accordance with. Section 18 .32.290 A and Section Development Code which provides that a w uteri appeal p must be filed with the City Recorder within 10 days after attar. a is given and sent. Appeal See schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 yp.m. 4/2/90 4. gmestions: If you Planning Department, Tigard, Oregon. if ilifILN4ArA PREPAAED By Viola R. Goodwin DATE opment Review Planner have questions, please call City of Tigard City of Tigard City Hall, 13125 SW Hall Blvd., 34P0 APPROVED By Keith S. Liden Senior Planner NOTICE OF DECISION HLP 90- 0002 /VAH 90 -0006 BOSNAR DATE PAGE 5 S.W. 71 AVE.; 65th AV 63rd AO) 1S125DD' -02200 osse . ee. ,.... BURRELL, ALICE 6965 SW VENTURA DRIVE PORTLAND OR 97223 D- 02300. .....o•......O•se0•so =MEM, S SW VENTURA DRIVE lmmumn OR 97223 1S125DD- 02400 QUERIN,' PHILLIP C TAR! ' L 6926 SW VENTURA AVE TIGARD OR 97223 ZAWEE5DD-02500 .................... KEMSMUING, DONALD F. 6' }, SW VENTURA DR OR 97223 18125DD -02600 s•eeo•ee.•e.•eeeeeo•• HANSEN, DONNA ES 0885 SW VENTURA DRIVE TIGARD OR 97223 113325DD - 04000 AS, JE ES e r B • AND CIA D9` SW VENTURA COURT tD OR 97223 1S125DD- 04100 ...o0 ................ CARTER, KAY AND DENNIS E 0535 SW VENTURA R COURT TIGARD OR 97223 ,15125DD -04300 ..................... NUGSES, BEVERLY % GOODNEAD, ` DAVID D TAT AL 915 SW VENTURA COURT TIGARD OR 97223 IS R AND . 'Y W' OR 97223 1613618* -00101 ..aeeoea.a•e♦rr ' easire* /SON, KENNETH D CLAIRE N 7 SW LOCUS' ST OR 97223 15136AB- 00200 ............... .. NEWELL, IERI JUNE 10060 SW 72ND PORTLAND OR 97223 1S136A8-00300 e.•� a •e.ee•.• VATHEUER, MAR K IIRETE 7123 SW LOCUST ST PORTLAND OR 97223 1S"6A8r- .03500' ....oe.e..e.ee..e.eee LLSEV'E, LON V AND DEBI S 10097 SW 71ST PLACE IGARD OR 97223 1S136AB'037047• c .oei e... e• 7tcS' ee 3ILc0X, RICH RD L AND LALONDE DECKS A 10005 SW 71ST PLACE TIGARD OR 97223 LS136AB °03000 .......0. es•oroo.. .s 4ILLETTE CYNTHIA K 10008 SW 71ST PLACE PORTLAND OR 97223 S136A 8 °03400 e e m e o o. G o, a e. c c ... •.. NICHARD L AND �. E 5606 SW CALIFORNIA OR 97219 136AH.,03600 .............. . e iii . I15136ABd -03701 FONHETt RICHARDR 10031 SW 71ST PLACE i • d a s• 0 1 OR 97223 1S136A8•'03S Ot3 + • . .. e M kg HCCAMMt CHARLES N & GAIL N 110034 6b 116? PLACE 'ORTL ND OR 97223 �q AS1361 e�i -04000 •.. :eoeow•s••1u•• ••• TOM. AN a RICHARD AND SUZANNE 10065 SW 71ST PUCE CE PORTLAND OR 97223 7 6AA` ”00601. i,.d.... os e,t••eo..• 211110ST, R2h JOHN TRUSTEE 211270 SW 70TH imarritaND '1S136RA -00700 0000 aca.o.•o FROST& IDA A '10270 Jam► 70TH PORTLAM OR 97223 JUMIL36AA,60701 o...oe.so...•.o.e.ei♦ 30200 SW 70TH AVE OR 97223 1S136A ► -00702 .................... SAUL, DAVID H ?PA fi,ICE'A 10205 SW 70TH TIGARD I IS1225D0 - 02000. a • .. • .. • • .. 1308111Alis JOHN G JOYCE 2+1 6; '5 SW .. UR,A DR BOHOMAND OR 97223 15125D0"- 02100 ..... THORNE, Erma JO a JOHN 11 :I 7025 SW X GARD OR 97223 OR 97223 1812:2 - X02500 .............. mown, GREG 8 DIANE 7050 SW VENTURA OR 97223 1S125DO- 42600 ... w . +•.... a e e .. • LXTMER, ROBERT R LAURIE 7080 SW VENTURA Dit TIGARD3 OR 97223 06800 p ��+�y DINELLO & MARIA DELRCSARIO 3566 SE FRANKLIN PORTLAND, OR 97202 MARIJAN E03NA t, 2058 SE SPRUCE PORTLAND, OR 97214 07000 KLAUS & ' RA tiVIE 15145 SW BEEF MAD RD. TID, OR 97224 'LP 90 - 3+4 S. First Ave., Suite 400 Hillst o o, Oregon 9711W (503) 648-4969 FAX: (503) 640-9385 MR. CHRIS DAVIES CITY OF TIGARD P.O. BOX 23397 TIGARD, OR. 97223 RE: PARTITION PLAT FOR'MARIJAN BOSNAR IN LOT 7, "AUM DOWNS MR. CHRIS DAVIES PLEASE FIND ENCLOSED A COPY OF THE PARTITION PLAT WITO THE LEGAL DESCRIPTIONS YOU REQUESTED. THE AREA FIGURE HAS BEEN CORRECTED, ALSO WHEN CARL JENSEN DELIVERED THE PLAT TO THE CITY TH 1SRE. " UTILITY EASEMENT AGREEMENT" WAS,. A COMMONWP� PLAT. AND UP EASE LOCATE LT AND SEND IT ATTACHED TO THE L TO US TO BE RECORDED WITH THE PLAT. Subdivisions 0 Planning • Design e D.s 0 Surveying • Mapping 434 S. First Ave., Suite 400 Hillsboro, Oregon 97123 (503) 548 -4959 FAX: (503) 640 -9385 Isom PROPERTY DESCRIPTION: PORTION OF LOT AUM DOWNS FOR MARIJAN BOSNAR DATE: NOV. 8, 1990 LOCATION: LOCUST ST. , TIGARD JOB NUMBER: 8905014 FOR IDENTIFICATION PURPOSES ONLY TRACT A k***************************************' . * * ** * * * * * * * * * * ** FOR USE ON LEGAL INSTRUMENT A PORTION OF LOT 7 "AUM DOWNS", A DULY RECORDED ''PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 EOUTH , RANGE 1 WEST. 1.N., CITY OF TIGARD, WASHINGTON COUNTY, OREGON r SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS VOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 7, WHICH POINT BEARS SOUTH 00°10'21" WEST 210.66 FEET FROM THE N'OTH- EAST CORNER THEREOF AND RUNNING THENCE ALONG THE BOUNDARY Or SAID LOT 7, SOUTH 00°10'21" WES'.' 167.41 FEET, 11ORTH 89°58'53" WEST 26.22 FEET, AND NORTH 00°00'44 EAST 125.00 FEET; THENCE NORTH 16'19'29" WEST 44.31 FEET; THENCE SOUTH 89°49'39" EAST 39.15 FEET TO THE POINT OF BEGINNING: CONTAINING 4694 SQUARE FEET MORE OR LESS. FOR BASIS OF BEARINGS AND _ ADDITIONAL INFORMATION SEE TEE PLAT OF "AUM DOWNS ". Subdivisions • Planning Design ..I.D.s • Surveying Mappiin9' 434 ,'),. First Ave., Suite 400 PPOFESSIONAL I Hillsboro, Oregon 97123. OuRVEY R (503) 648 -4959 ..14:41401.... FAX (503) 540.9385 PROPERTY DESCRIPTION: PORTION OF LOT 7 AUM DOWNS FOR: MARIJAN BOSNAR DATE: NOV. 8, 1990 LOCATION: S.W. LOCUST ST., TIGARD JOB NUMBER: 8905014 FOR IDENTIFICATION PURPOSES ONLY PARCEL 1 ************ * * * * * * ** * ** ** * * * * * * *** * * * * * * * ** *die * * * * *** ** ** * *** FOR USE ON LEGAL INSTRUMENT A PORTION OF LOT 7 "AUM DOWNS", A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH , RANGE 1 WEST, WA., CITY Of TIGARD, WASHINGTON COUNTY, OREGON , SAID PORTION BEING MORE P,i ,RTICULARLY DESCRIP} D AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 7, WHICH POINT BEARS SOUTH 00°00'44" WEST 126.51 FEET FROM THE NORTH - WEST COMER THEREOF AND RUNNING THENCE SOUTH 60°15'2;3" EAST 127.90 FEET, THENCE SOUTH 16(1.9'29" ° EAST 67.31 FEET, O THE NORTHEAST CORNER OF LOT 6 SAID PLAT; THENCE NORTH 89°58'53" WEST ALONG THE NORTH LIN^S OF LOTS 6 AND, 5 OF SAID PLAT 130.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00 00 44 " EAST ALONG THE ' HE WEST LINE THEREOF 128.00 FEET 5:0 THE PQINT OF BEGINNING. CONTAINING 11,307 SQUARE FEET MORE OR LESS. FOR BASIS OF BEARINGS AND ADDITIONAL INFORMATION SEE THE PLAT OF "AUM DOWNS" . meissomminginmatinsamastamemsorimiinetwissilsommeft Subdivisions • Planning o Design L.InD ;s • Surveying Mapping Oil ,,�E �:• E 7 � _ 434 S. First Ave., :5uifle 400 COITSERUICtiOn . °. HiUsboro. Oregon 97123 Atm.' f, „ r En (503) 648 -4959 4 r X2R FAX ;_ (503) 540-9385 A46,t/ *lr dM"si(t �0T8 if Jowg M. EFiSON PROPERTY DESCRIPTION: PORTION OF LOT 7 AUM DOWNS FOR: MARIJAN BOSNAR DATE: NOV. 8, 1990 LOCATION: S.W. LOCUST ST., ; TGARD JOB NUMBER: 8905014 FOR IDENTIFICATION PURPOSES ONLY PARCEL * * *** * * * ** ********** * * * *** * * * * * * * * * * * * **w* * ** * * **, ** * * * ** FOR USE ON LEGAL INSTRUMENT A " JLZ i`�ECORDED PLAT IN THE PORTION OF LOT 7 "AUM DOWNS", TOWNSHIP :� SOUTH � RANGE 1 NORTHEAST QUARTER OF SECTION 36, W1 WEST, WPM., CITY OF TIGARD, WASHINGTON CCUWTY; OREGON , SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TSE WEST LINE OF SAID LOT 7, WHICH POINT BEARS SOUTH 00°00'44" WEST 126.51 FEET FROM THF-, NORTH- WEST CORNER THEREOF AND RUNNING THENCE, SOUTH 60'15'33" EAST 127.90 FEET; THENCE ,SOUTH 16°19'29" EAST 23.00 FEET; THENCE SOUTH 89 °49'39" EAST 39.15 TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE ALONG THE BOUNDARY THEREOF NORTH 00010°21" EAST 210.66 FEET, NORTH 89°27'15 WEST 157.28 FEET, AND SOUTH 00 °00'44" WEST 126.51 TO THE POINT OF BEGINNING CONTAINING 27,123 SQUAR ° FEET MORE OR LESS FOR BASIS OF BEARINCa AND ADDITIONAL INFORMATION SEE THE PLAT OF "AUM DOWNS". Subdivisions • Planning o Design • .. D s Survuying Mapping Washington County Surveyor's Office Land Use and Transportation Dept. 155 N. 1st Aveni Hillsboro, Oregon 17124 R :p: I .._ate '" a Dear Mk. Bauer: This is to acknowledge that°. the City has reviewed the attached partition drawing, blue line copy, and has e it to he in compliance with the City , s conditions of approval. The City hereby authorizes recording of said drawing y any please # �' at Should you have axn questions 3.ea�e c�rnt�ct Mr. Chris Dav:,t ys 639-4171. Chris Davies Development Review Engineer 13125 SW Hail B Vd w P 0 BOX 3397,Tigwet Oregon 97223 (503) 639-417i COMMONWAY ACCESS AGREEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WE, AND EACH OF US, ARE OWNERS OF A PORTION OF THE HEREINAFTf's`R DESCRIBED PROPERTY INDIVIDUALLY, AND COLLECTIVELY ARE THE OWNERS OF ALL OF THE PROPERTY HEREINAFTER DE4''CRIBED, WHICH PROPERTY IS SITUATED IN WASHINGTON COUNTY, STATE OF OREGON, TO-WIT LOT 7, "AUM DOWNS", A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTY OREGON. THAT IT IS THE DESIRE OF THE PARTIES HERETO TO CREATE A COMMONWA7 ACCESS AND UTILITY EASEMENT OVER AND UPON THE PROPERTY HEREINABOVE DESCRIBED AND WHICH COMMONWAY ACCESS AND UTILITY EASEMENT SHALL BENEFIT ALL OF THE INDIVIDUALLY OWNED PRO}' 3RTIES, SHALL RUN WITH THE LAND AND SHALL GRANT TO EACH OWNER OF SAID PROPERTY, OR ANY PORTION THEREOF, A RIGHT TO THE USE IN COMMON OF THE HEREINAFTER DESCRIBED EASEMENT. NOW, THEREFORE, THE PARTIES AGREE WITH EACH, OTHER, THEIR HEIRS, EXECUTOR AND ASSIGNS FOREVER, THAT AN EASEMENT FOR COMMON ACCESS AND UTILITIES IN FAVOR OF ALL OF THE PROPERTY, OR ANY PART THEREOF, HEREINABOVE DESCRIBED, IS HEREBY CREAT- ED OVER AND UPON SAID PROPERTY AND DESCRIBED AS FOLLOWS A PORTION OF LOT 7, "AUM DOWNS", A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M., WASHINGTJN COUNTY OREGON, SAID PORTION BEING MORE PARTICULAEtLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 SAID PLAT AND RUNNING THENCE ALONG THE BOUNDARY OF SAID LOT 7, SOUTH 00 °00°44" WEST 125.00 FEET, SOUTH 89 °58'53" EAST 26.22 FEET, AND NORTH 00 °10 °21" EAST 167.41 FEET; THENCE NORTH 89 049'39" WEST 39.15 FEET; THENCE SOUTH 16 °19 °29" EAST 44.31 FEET TO THE POINT OF BEGINNING. CONTAINING 4694 SQUARE FEET MORE OR LESS. THAT THIS EASEMENT IS SUPERIOR AND PARAMOUNT TO THE RIGHTS OF ANY OF THE PARTIES HERETO AND IT IS A COVENANT RUNNING WITH THE LAND. THAT THIS CONDITION SHALL BE BINDING ON ALL FUTURE OWNERS OF THE FIRST ABOVE DESCRIBED "PROPERTY, OR ANY PARTITIONED PARCEL THEREOF. THE TNr, HEREINABOVE FOR THIS EASEMENT ON BEHALF OF THE OWNERS SIDE , ABOVE DESCRIBED PROPERTY IS PROM- ISE THE ON I T ' ROADWAY OVER AND UPON THE ABOVE DESCRIBED rsE ra CONSTRUCT A R O EASEMENT AND BEAR ALL COST OF CONSIDERATION THEREAFTER, THE OWNERS OF THE ABOVE DESCRIBED PROPERTY, OR ANY PARTITIONED PART THEREOF TO WHICH THIS EASEMENT ATTACHES, SHALL BEAR EQUALLY THE ._ ... cOST OF MAINTENANCE OF SAID ROADWAY; PROVIDED, HOWEVER# THAT IN ' THE EVENT ANY PARTY SHALL BY REASON OF EXCESSIVE USE IN CONNECTION WITH ' THE CONSTRUCTION OF IM- PROVEMENTS OF TH WHICH IT SHALL BE EASEMENT ]'ROV REAL. PROPERTY TO �T APPLIES ROADWAY, I S OBLIGATION OF SAID OWNERS TO REPAIR, THE I SHALL CAUSE DAMAGE TO THE RO HE aAPIE. THIS CONDITION • • 4 `Ja ••.i; •;ti STALL RUN WITH THE LAND AND SHALL BE BINDING UPON ALL FUTURE. OWNERS OF THE HEREINABOVE DESCRIBED LAND AND ANY PARTITIONED PART THEREOF TO WHICH THIS EASEMENT.' ATTACHES. 6 ' TNESS WHEREOF, THE PARTIES 1. E HEREUNTO SET THEIR HANDS THIS SO DAY OF y 199 STATE OF OREGON COUNTY OF WASHINGTON } SS was NITA BOSNAR 1".„ BE IT REMEMBERED THAT ON THIS ,,_ gl_ AAA' OF 199 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERK 0NALLY APPEARED THE WITHIN NAMED MARIJAN BOSNAR AND NEMITA BOSNAR KNOWN TO ME TO BE THE S °,IDENTICAL INDIVIDUALS DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS EXECUTED FREELY AND VOLUNTARILY. IN WITNESS WHEREOF, I HAVE HERE9NTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR )LAST ABOVE WRITTEN. ,d► 0 NOTARY PDBsLY9` FOR OREGON MY CIMMISSIOff EXPIRES ..._ 1 «• City of Tigard PO Box 23397 Tigard, Or 97223 P.O. BOX 370 PFONE (503) 684 -0360 BEAVERTON, OREGON 97075 La a! Notice Advertising STATE OF OREGON, COUNTY OF WASHINGTON, )8s+ i Judith Kaehi er 4 `y being first duly sworn, depose and sea. Director, or his principal clerk, of the_ a newspaper of general circulatioq a and 193.020; published at Ti : i , ' aforesaid county and state; that the Mi r��r larr �. ar �h "1""r111 r ' a printed copy of which is hereto anni entire issue of said newspaper for t LOP its consecutive in the following issues: t into I fed 'plus space Apri i 12,1990 u itsattei 40170 0) My Commission Expires, 6/9/93 AFFIDAVIT CITY OF TIGARD, OREGON PARTITION _APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639°4171 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION LOLL Aum Downs North of .W. Loon TAX MAP AND TAX LOT NO._ T1 7300; M 1 36AA SITE SIZE _ 43 a3w PROPERTY OWNER /DEED HOLDER* MariJa!L osnar ADDRESS 2058 E Spruce V ,- .r PHONE - 235 - Q4 CITY Portland, OR ZIP 97214 APPLICANT* y', cat/Le,. ADDRESS PHONE CITY ZIP *When the owner and the applicant are different people, the applicant must be the it rc er record ' or a see in possession with wr authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. Z. PROPOSAL SUMMARY the subject property The permissionrtoodivide 43,123,63 request g (total area) containing 13,018.54 into 2 (No. of parcels) i nd 26 4160.73 feet each) 0519F/13P Rev'd: 3/88 acres (or square FOR STAFF USE ONLY CASE NO /NIP OTHER CASE NO'S: ge ? �'� s EIT -o RECEIPT NO. APPLICATION ACCEPTED BY r DATE: ?y�„ Application elements submitted: Application form (1) L.- ) Owner's ,signature /written auk horza on (C) Title trans er nstrument (1) �1�`" Assessor' i� nnap (1) Plot plan ;rs-app check list) Applicant's statement (pre -app check list) c.. ) List of property owners and ,addresses within 250 feet (1) 4.2' Fling fee ($235) n7( -Act Goa t,-- DATE DETERMINED TO BE COMPLETE A 4kt t erg .Iv FINAL DECISION DEADLINE: C(»IP. PLAN /ZONED IGNATION: Low pas ib )U7 h N.P.O. Number Planning Director Approval Date: Final Approval Date: Planning Engineering am,, 7r , Recordation Date and Number: d�. 3.: List, any variance, conditional uses, or other land use actions to be, considered as pare of this application: A variance f &r drivewa width to be 15 ft verses 20 ft required by code. �►. Applicants: To have , a complete applications you will need to submit attachments described ID the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT A. The above re nest does not violate an deed restrictions that ma be attached to or imposed upon the sub.tct property • B. If the application is granted, the applicant will exercise the rights granted .ed in accordance wit h the terms and subject to all the conditions and rIDn limitations of the approval. C. All of the above statements and the statements 22 the plot plan, attachments, and exh ibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based one this pp a licatimn may be revoked if it is found that an y such statements are false. D. 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. 1.990 DATED this 5th day of March, . ._�.. .�- -- -S--Y- husband and wife of the subject pr9perty. SIGNATURES � of each owner (eg � (KSL pm /0737f ) A LEGIBILITY STRIP 1S12SDD -02200 0040.00•.004..400 9 BALL, ALICE 6965 SW VENTURA DRIVE PORTLAND OR 97223 13125DD- 02400 Apeeeeeee.et GUERIN, PHILLIP C TARI L 6925 SW VENTURA AVE TIGARD • • • OR 97223 1S125DD -02600 .uea..••.•A.en.•••..0 HANSEN, DONNA E 6885 SW VENTURA DRIVE TIGARD OR 97223 18125DD-04100 .... •o.• ....... .. CARTER, KAY AND D' R.`NIS R 9835 SW VENTURA COURT TIGARD 011 17223 18125DD -04300 .4e ...4.o.•.•e• 4•. HUGHES , BEVERLY % GOODHEAD, DAVID D ET AL 9815 SW VENTURA COURT TIGARD OR 97223 18136AB- 00200 • . e NEWELL, JERI JUNE 10060 SW 72ND PORTLAND OR 97223 1S136kB -003OO .. • .. ... • . • VATHEUER, MARGARETE 7123 SW LOCUST ST PORTLAND OR 97223 1S136AB -03500 ............... e• LENEVE, LON V AND DEBI S 10097 SW 71ST PLACE TIGARD OR 97223 1S136AB -03700 .•.. .. e. ..e .. SILCOX, RICHARD L AND LALONDE, BECKY A 10005 SW 71ST PLACE OR 97223 1S136AB.03800 4•....•e a BILLETTE, CYNTHIA ;K 10008 SW 71ST PLACE PORTLAND *see ea OR 9723 3.8125DD -02348 ••••••.•..•.e•...... LOUKA, SHEE L A 6945 SW VENTURA DRIVE TIGARD OR 97223 15125DD-02500 . .....•.•e.,...... MOEHRING, DONALD 6905 SW VENTURA. DR TIGARD OR 97223 18125DD -04000 •..•.......... WILLIAMS, JAMES B AND PATRICIA D 9845 SW VEnTURA COURT TIGARD OR 97223 1S125DD- 04200 e.s.•.•e. ,oeteeeeoesee CARTER, s r.° 113 E AND Y W 9835 SW VE A TIGARD OR 97223 1S13t -00101 .•i• a, •• •.•0.•00••4 ELLSON, KENNETH D CLAIRE H 7105 SW LOCUST ST TIGARD OR 97223 1S136AB -00201 ••....•............. NEWELL, RI JUNE 10060 SW 72 AVE PORTLAND ' OR 97223 1S136AB- 034400 ....4•.•.....s• THORPE, RICHARD L AND LAURIE L 5606 SW CALIFORNIA PORTLAND OR 97219 1S1,36AB -03600 s• •••s• e.s•.. • COMPTON, MSS M AND HOFER, CAROL A 1006. SW 71`1' PLACE TIGARD OR 97223 1J.':36AE- 03701 .... ........... e • e .. CORNET, RICHARD 10031 SW 71ST PLACE TIGARD OR 97223 1S136AB. -03900 OW444ese eeelbsee,itie . MCCART, CHARLES W GAIL N 10034 SW `71ST PL.C"$ PORTLAND- OR 97223 0 15136AB ®04000 ... ... ..' . TOMAN$: RICHARD AND SUZANNE 10066 SW 71ST PLAca PORTLAND OR 97223 18136A/too 003 FROST, 'tS ERN JOHN TRUSTEE 10270 SIO 70TH PORTLAND OR 97223 1S136AA -00700 . e..o.. . FROST, IDA A 10270 SW 70TH PORTLAND OR 97223 1S138AA .00701 ...... • • • • • NEUMANi HENRY B 10200 , W 70TH AVE TIGARD OR 97223 181136AA- 00702 ..ib...........• 00...0 SAUL, DAVID H PATRICIA 10205 SW 70TH TIGARD OR 97223 15125DC -02000 .................... BONHAM, JOHN G JOYCE M 7045 SW VENTURA DR Fr?);1TLA D OR 97223 15125D�C�- 0iZ1C0 .... ••eU•.••. •.. •o •. THORNE, BE JO & JOHN N 7025 SW VENTURA TIGARD OR 97223 1S125DC- 4220G 0............•....eee MONROE, JAMES E 7005 SW VENTURA DR TIGARD OR 97223 1S125D042400 .,5..ab•...•.ae•..• MONTEE, JEFFREY W 4'ONNA L 7020 SW VENTURA DR TIGARD OR 97223 • . • 1S125D0 -02500 ........... . n -e . • • e o • . . GENTRY, GREG S DIANE 7050 SW VENTURA ?TIGARD OR 97223 1S125DC -02600 ....... eee..••....e.. LITMER, ROBERT 8 LAURIE Or 7080 SW VENTURA DR TIGARD r x. . oo:,. _3 7001. 3'10G r q 34( .t,Wk i.( '7a. +/. 70..,,..77?., 6 7 ad ?Oco( ,._,7 Cam:, ( . 1' tt1 1 l..4-F, #G:Pr;.., MidY �:�iY.:. ti! ?1:1'r,_:.F.'.= :Y #.:?'1. nil'..;,p: toIsli7,1 +ilearwa«,���uwre.wn,�w S orLWCMy�M�W�4,1K nW= va' r7: W .�p�•tW'R':.'awxR�`�xMn�roYWap�Y M4�MW+�"^4��di+Wes+sNF15K. hsiWMl' ��4T' M�N�'^ �ih' �p'f �' �JWF+ WFphOerl ':IkY�cMMM'1BM'w'riMi�+MW1.MM• ...xixxk` ” pa: HW' �b^" Mhv1" JwMYNNi4+{ M` Witi< t71. tpI` �' x1°' Y'%"" �"" fC' dp+. 4Mf11Fw' P` dak4bW% CVY} �WC6pMMwN»IN�MkMillrveMpN�i+lw'+ � m.. tiew: ra' �': 2af: uYWUMawV�b4' k4'+: Y:+. �' 1t' x: NM' btklillx' �*: c: WtwwwaibYaF�+ kWM! 4ii#�+!!we'N:?I+�K1�/aPW+wwaWKw ..: s:.�a:auwsunw�n4�,,u. nix w: +: „zxr.exc.s. -.. .:r,,::+rnrtt. -: �,�.aur,. ».+,.- �xwu.:.. nn b.:+w,a.wadwp*Ap> »�•, +wrcnwl aa�w�aa4'.a:'+F =6te l:uw •+.7. February 23, 1990 F OM: , Tigard Planning Division RE: 24LP90- 0002 BOSNAR MINOR LAND PARTITION MLP 90- 0002 VAR1ANCF VAR 90 -0006 BOSN7AM NP's #8 A. request to divide 43,123.63 square foot parcel into two parcels containing 13, 018.54 squa re feet and 26, 160.73 square feet. Also requested io a variance to allow a 746 foot paved driveway where 20 feet is normally required. ZONE ?=4. (Residential, 4.5 units /acre) LOCATWON: North of SW Lo,71.att Street and east of SW 'i iat 'lace, Lot 7 Aum Downs Subdivision (WCTM 151 36AA, tax lot 7300;. Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If ?ou wish to comment on this application, we need your comments by 04/02/90. �' provided separate letter to return you mcommnents. Ifayouareuablelto espond�byath, separate date, please phone the staff contact noted below i. ith your comments your .. � confirm your comments in soon as ossibie. If you have any questions regarding this matter, writing as eoag p. 9 Department, �_ , contact the Tigard Plax�in 0® artment, IgO Box 2339 � 13125 SW Hall Blvd..... Tigard, OR 97223. PHONTA: 639-4171. STAFF CONTACT: e I.Dket. b GO 1 v .. PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it of our office. Comments: CATION LIST FOR ALL APPLICATI1' (2 ropie9 ) 1.� NP® NO. 2. CITY DEPARTMENTS �luflding Inspector/ Brad R /City Recorder Engineering/Gary A. 3. .SPECIAL DISTRICTS t✓ Fire DI.stEict (pick-up box bldg.) CPO NO. Parks & Recreation Board Police Other Tigard Water District 8777 SW Burnham St. T Hard, OR 97223 School Dist. N. 48 (8eavr) Joy Ptah]: PO Box 200 Beaverton, OR 97075 School District 23J (Tig) 13137 SW Pacific Hwy. Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land "Joe & Transp. 150 N. First Ave Hll® aoro, - OR 97124 B °ant Curtis Kelvin Martin roatn Rice Scat t . King Fred yiberle Mike Bo)rreson Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 State Highway Division Lee Gunderson PO Box 565 Beaverton, OR 97075 • y i • • o • • • • • G . • • • . i+ • ... • • •. • • • .... • • • i. General Telephone Mike Lutz 12460 SW Mail.,, St ,peaverton, OR 97007 r't .3 Natural Gas Ronald D. Polvi, PE, PLS 220 NW Second Are Portland, OR '47,09` Boundary Commission 3'0 SW Stark Room 530 Hillbboro, OR 9712' METRO 2000 SW 1st Ave. Portland, OR 9720:1 -5398 DLCU (CPA's only) 1115 Court St. NE Salem, OR 97310 -0590 Other Portland General Electric Brian Moore 1.4655, SW Old Scholia Ferry Beaverton, OR 97007 Metro Area Communications Harlan Cook Twin Oaks Technology Center 1815 NW 169tH Place 8 -6020 Beaverton, OR 97006 -4886 US West Pete Nelson 421 SW Oak St. Portland, OR 97204 ' g TCI Cable�t i► ic;n o:� Oregon, Ito .it Mike �tal lock 3500 8W Bea nd Portland, OR 97201 STATE AGENCIES 6 ___ Aeronautics Div. (00DT) D OGlsr ..�.. Engineers Division f St Otte Lando Board of Health onnssorcee Dept,; rM.E. Park Fish & Wildlife Paarke & Recrea. Div. ate LAG fhubdiviaion g,zperviea ;. , PUC Dept. of Energy „ Fire Marshall Dept. of Environ. Quality Other . FEDERAL AGE1 C Corp 's., of Engineers Post Office Southern Pacific Transportation 1:osnpany Duane M. Forney, PLS a Project Engineer SOO NW 6th Avenue, Rm. 324, Union Station Portland, OR 97209 NOT.LST CITY OP iI A t' NAME m MAR t JAN EO5NfR AY'DREE p 205E SE SPRUCE AV PORTLAND1 OR 9 "Y2i 4 `'`URF 1SE ClF PA yMEt 1T LAND USE APPLICATIONS EC IPT OF P Y1 i` PEC: N 4 00i "0 07460 CHECK AM0U 4T , 236 .Q CASH t MQ1J '"r .: .60 A'iMENT DATE 03 -07 -5' BLOCK NO/AD 31 t TOTAL ? MOUNT PAID 256 O0 APR 1.3'9.0 je�s' h NOb CD0 00I l‘JD4i. O'4/1181� 07000 KLAUS & VERA WELLE' 15145 SSW' ',BEEF BEND °D. TIGARD, OR 97224 1111 lit ►+lititt tltlttttitt� kite lttllllt ►►tn 0 0 � � uttzo. Tl�r4. Qra. City of Tigard Sui di :3335 6W Ha a Elvd. Tigard, Oregon 97223 Inspection Li P OIMC- Phone) _ 639.4176 B*a ea Phones 639 -4171 DUIVO tiOnu �..._._._ �' l �' jl�' . ,______:,_. ---- -� tolbg. Underslab lech. Rnugh -in Ppp ? /Udw1k Pound. g'lbg• Top Cut Gas Line Priming -Bldg. Post/Beam 8tru San. Sewer Post/Seam Mich. :Iiiin Drain Insulation Plumb. ,, a . kg . Unld s 4$ Bd. - �E4nch. . •;� • �� ri'l��s Water Line lip ,,,' �,,Kw , , • ar !� :.,. Date $�te-�ti�da 'lifer Rddsesss 0s a .l r_ n j Beildera./511k Jl�f4_L 01 2;2t a ,. y-•-- ----'; THE LYOU M ;SG CORRECTIONS ARE IPZD iUBJZ qt ABOVE APPROVES l Csl]. For °einp: tc A , • 1r2,:teA0 Washington County Surveyor a s Office ice Land Use and Transportation Dept„ 155 N. 1st Avenua Hillsboro, Oregon 97124 e N.L.P. 11-QQQ_ This is to acknowladge that the City has reviewed the attached, partition wing, blue line copy, and has found it to be in, compliance with the City's conditions of . ,pproval, The City hereby authorizes recording of said drawing. Slxould you have any qu estions o please contact Hr. Chris Davies . i -4171. Chris Davies b Development Review Engineer 13125 SW !doll Blvd, P.O. Box 23397 Tigard, Or en 97223 (503) 630 -4171 1,;11 ;i x..1,1 { »s.a,: . , e ,, i 16 foot wide driveway, thus providing 20 feet of all weather urface all along the accessway. Eased on these findings staff approves the request for as variance a to allow a 20 foot wide access with a 16 are . foot wide paved 25 foot wide access with a 20 foot paved width is normally required. Vacation of the Sewer Easement The applicant has re vested the vacation of a sewer easementocate+ does not coincide with the ° ctua]. location of chc storm sewer l . the e..st r roperty line. The vacation process will require a eparate application. In addition another easement which corresponds with the actual location of the existing storm sewer must be recorded on the partition , survey plat befo a the minor land partition is recorded with Washington County. Eaa�G €erinw and ,creeniaa rl..: rn Code Section 18.162.050.F.1 (Screening on Flag Lots) applies .Iluie® t �,+ V the application and require 8crraening be provided along the subject p per line because a paved drive in 10 feet of s that east property iv�� is� located within the abutting lot. gi may the form of thathedge, a Sc.reesain m€a be in t combination of deciduous and evergreen trees, or a € provides privacy and protects the abutting property from the adverse impacts of the acceasway. The form of screening chosen rust meet the requirements of Section 18.100 and will be required prior to issuance of occupancy permits for residences on either of the new lots. a DECISION e raves ML.P 90 --0002 and VAR 90-0006 The Planning Director's De9is�e app subject to the following conditLonss UNLESS OTHERWISE INDIATED ALL CONDITIONS SHALL BE NtT PRIOR TO RECORDING THE MINOR LAND PARTITION WITH WASHINGTON COUNTY lat. and an outbound description shall be 1. � partition survey p The plat s suLaitted to the Engineering Division before recorel ng. p shall clearly show 1) the access easement as well as ownership and OC Qrin Division sewer maintenance responsibilities and 2) any p n Hagman, Engine c xa�ala•t or d53g CA easements. STAFF CONTACT. Soh gm 4171). the Rngl..teeria�.g Division 2. Building permits will not be permit c.nwork within SW 1►rccna ®9:. 5tieet �' � °� � has issued a street opening p right -o € -wa Y STAFF CONTACT: John gagman, Engineer ln g mx v i* ion (639 - 4171) . submittal for a building permit shall include an erosion -,- 3 The � g r �. ,� s',sfladatii+�a control plan con2'ormin to Erosion Plafg Technical NOTICE OF `(q PAGE 4 DECISION MLP 90 "' 90-0002/VAR 90 caoo6 i3C)SN�� 1889.°' STAFF CONTACT: 1lrad Roast, Building 4. Buffering or screening in conformance with Section 10.100 shall be installed along the _north property line prior to the issuance of an occupancy permit for a r aid nce on either lot. STAFF CONTACT: Vi Goodwin, Planning Division (639 - 4171). y paved of 16 feet and 2 foot 5. A 20 foot wide driveway with a aved width wide gravel shoulders shall b « installer pt o.r to issuance of an occupancy permit. STAFF CONTACT: Brad Roast, Building Division (639 -4171) 6. A tree removal permit shall be obtained prior to the _removal of any trees. STAFF CONTACT: Vi Goodwin, Planning .,Division (639-4171). THIS DECISION IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE. D. PROCEDURE 1. Notice: Notice was pouted at City' Hall and mailed to: XX The applicant and owners X • Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected government agenoiea 2. Final sec fission: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS FILED. • Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(0) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hal Blvd., Tigard, Oregon. The deadline for filing of an appeal in 3 :30 p.m. • uemtione If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall,, 13125 SW Hall Blvd., Tigard, Oregon. PREPARED BY: Viola R. Goodwin DATE Review Planner APPROVED UY Kei° h S. Liden Senior Planner NOTICE OF D'ECISION I LP 90 -002/VAR 90- 00006 .' SOSNA t PAGE': 5 COMMONWAY ACC 3S AGREEMENT KNOW ALL MEN BY THESE PRESENTS, THAT WE, AND EACH OF US, ARE OWNERS OF A PORTION OF THE HEREINAFTER DESCRIBED PROPERTY INDIVIDUALLY, AND COLLECTIVELY ARE THE OWNERS OF ALL OF THE PROPERTY HEREINAFTER DESCRIBED, WHICH PROPERTY IS SITUATED IN WASHINGTON COUNTY, STATE OF OREGON, TO -WIT: LOT 7, "AUM DOWNS", A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, N.M., WASHINGTON COUNTY OREGON. THAT IT IS THE DESIRE OF THE PARTIES HERETO TO CREATE A COMMONWAY ACCESS AND UTILITY EASEMENT OVER AND UPON THE PROPERTY HEREINABOVE DESCRIBED AND W3 CH COMMONWAY ACCESS AND UTILITY EASEMENT SMALL BENEFIT ALL OF THE INDIVIDUALLY OWNED PROPERTIES, SHALL RUN WITH THE LAND AND SHALL GRANT TO EACH OWNER OF SAID PROPERTY, OR ANY PORTION THEREOF, A RIGHT TO THE USE IN COMMON OF THE HEREINAFTER DESCRIBED EASEMENT. NOW; THEREFORE, THE PARTIES AGM WITH EACH OTHER, THEIR HEIRSc- EXECUTOR AND ASSIGNS FOREVER, THAT AN EASEMENT FOR COMMON ACCESS AND UTILITIES IN FAVOR OF ALL O;F THE PROPERTY, OR ANY PART THEREOF, HEREINABOVE DESCRIBED, IS HEREBY CREAT- ED OVER AND UPON SAID PROPERTY AND DESCRIBED AS FOLLOWS: A PORTION OF LOT 7, "AUM DOWNS", A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OT SECTION 36, TOWNSHIP 1 SOUTH, RANGE . WEST, W.M. , WASHINGTON COUNTY OREGON, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 SAID PLAT AND RUNNING THENCE ALONG THE BOU DARY OF SAID LOT 7, SOUTH 00°00'44" WEST 125.00 FEET, SOUTH 89°58'53" EAST 26.22 FEET, IiND NORTH 00 °10'21" EAST 167.41 ?EET THENCE NORTH 89 °49'39" WEST 39.15 FEET; THENCE SOUTH 16°19'29" EAST 44.31 FEET TO THE POINT OF BEGINNING. CONTAINING 4694 SQUARE FEET MORE OR LESS. THAT THIS EASEMENT IS SUPERIOR AND PARAMOUNT TO THE RIGHTS OF ANY OF THE PARTIES HERETO AND IT IS A COVENANT RUNNING WITH THE LAND. THAT THIS CONDITION SHALL BE BINDING ON ALL FUTURE OWNERS OF THE FIRST ABOVE DESCRIBED PROPERTY, OR ANY PARTITIONED PARCEL, THEREOF' THAT THE CONSIDERATION FOR THIS EASEMENT ON BEHALF OF THE OWNERS OF THE HEREINABOVE DESCRIBED >PROPERTY IS '.THEIR PROM- ISE TO CONSTRUCT A ROADWAY OVER AND UPON THE ABOVE DESCRIBED EASEMENT AND BEAR ALL COST OF CONSIDERATION. ' `'EREK'TER, THE OWNERS OF THE ABOVE DESCRIBED ; PROPERTY, OR ANY PARTITINED PART THEREOF TO WHICH THIS EASEMENT ATTACHES, SHALL BEAR EQUALLY THE COST OF MAINTENANCE OF SAID ROADWAY; PROVIDED, HOWEVER, THAT IN THE EVENT ANY PARTY SHALL BY REASON OP EXCESSIVE USE IN CONNECTION WITH THE CONSTRUCTION OF IM- PROVEMENTS OF THE REAL PROPERTY TO WHICH THIS EASEMENT APPLIES SHALL CAUSE DAMAGE TO THE ROADWAY, IT SHALL BE THE OBLIGATION OF SAID OWNERS TO REPAIR; TIE SAME. THIS COND` ION SHALL RUN WITH THE LAND AND SHALL BE DINDINC UPON ALL FUTURE OWNERS OF THE HEREINABOVE DESCRIBED LAND AND ANY PARTITIONED PART THEREOF TO WHICH THIS EASEMENT ATTACHES. IN WITNESS WRCREOF d THE a PARTICS H'VE HEREUNTO SET THEIR HANDS THIS DAY OF 199 Q' a I'', BOSNAR BE IT REMEMBERED THAT ON THIS _Ife_ DAY , OF 199,AL, BEFORE ME, TH8 UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED THE WITHIN NAMED rtARIJAN BOSNAR AND NENITA BOSNAR KNOWN TO ME TO BE THE IDgNTICAI I1 IVIDUA .-S DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACY v)WLEDCED 7.O ME THAT THE SAM SAM8 WAS EXECUTED FILE oY AND VOLUNTARILY IN WITNESS WHEREOF, X HAVE HEREUNTO SET MY HAND AND AFFIXED MY (OFFICIAL SEAL THE DAY AND YEAR LAST A OVE WRITTEN Le 6 . -- NOTARY PUBLIcjOR OREGON MY COMMISSIOK EXPIRES 41 t. ..,.. • i.�WjA+rw� 434 S. First Ave., Suite 400 Hillsboro, Oregon 97123 (5033 648-4959 FAX: (503) 640 -9385 • PROPERTY DESCRIPTION: PORTION OF LOT 7 AUM DOWNS FOR: MARIJAN BOSNAR DATE: NOV. 8, 1990 LOCATION: S.W. LOCUST ST.0 'T! RD JOB NUMBER: 8905014 FOR IDENTIFICATION PURPOSES ONLY PARCEL 2 ** * * ** r * *tkiPs** *** ¢ ***** **** * * * * * ** * fir ******:k****'k * ** r ***** FOR USE ON LEGAL INSTRUMENT A PORTION OF LOT 7 "AUM DOWNS", A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP I SOUTH F RAGE 1 WEST, WA., , CITY OF TIGARI , WASHINGTON COUNTY, OREGON ,, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON mar WEST LINE OF SAID LOT 7, WHIChF POINT BEARS SOUTH 00°00'44' WEST 126.51 FEET FROM THE NORTH- WEST CAER THEREOF AND RUNNING THENCE, SOUTH 60°15'33" EAST 127.90 FEET.; THENCE SOUTH 16°19'29" EAST 23.00 FEET; THENCE SOUTH 89°49'34" EAST 39.15 TO A POINT ON THE FAST' LINE OF SAID LOT 7 .HENCE ALONG THE BOUNDARY TiEREOF NORTH 00°10'21" EAST 219.66 FtSETy NORTH 89 °27'15 WEST 157.28 FEET, AND SOUTH 00°00'44" WES` 126.51 TO THE POINT OF BEGINNING CONTAINING 27,123 SQUARE FEET MORE OR LESS. FOR BASIS OF BEARINGS AND ADDITIONAL INFORMATION SEE THE PLAT ` OF "AUM DOWNS Subdivisions Planning a Deign U.U.D. a Surveying • Mapping DEVELOPIRE11 COnliCRUCUO 34 S. First Ave., Suite 400 IiiH sboro, Oregon 97123 (503) 648 -4959 FAX: (503) 640-9385 MR. CHRIS DAVE E S CITY OP TIGARD P.O. BOX 23397 TIOA•.RD, OR. 97223 RE: PARTITION PLAT FOR MARIJAN BOSNAR IN LOT 7, "AUM DOWNS ". MR. CHRIS DAVIES; PLEASE FIND ENCLOSED A COPY OF THE PARTITION PLAT WITH THE LEGAL DESCRIPTIONS YOU REQUESTED. THE AREA FIGURE HAS BEEN CORRECTED. ALSO PLAT n,.. . O' WHEN CARL JENSEN DELIVERED THE 1 �,�.� ti THE CITY THERE. WAS A "COMMONWAY ACCESS AND UTILITY EASEMENT AGREEMENT" ATTACHED TO THE PLAT. WOULD YOU PLEASE LOCATE IT AND SEND IT TO US TO BE RECORDED WITH THE PLAT. Sudb pvisians . PIanning a Design • I L s • S rve ing Yapping gin • IL DEVELOPMENT: E 111COMERLICOOF1 PROPERTY DESCRIPTION: 434 S. First Ave., Suite 400 Hillsboro, Oregon 97123 (503) 648 -4959 FAX: (503) 640 -9385 a one PORTION OF LOT 7 AUM DOWNS FOR: MARIJAN BOSNAR, DATE: NOV. 8, 1990 LOCATION: S.W. LOCUST w TIGARD JOB NUMBER: 8905014 FOR IDENTIFICATION PURPOSES ONLY TRACT A ** * *** * * * * *** * ** ** * *** * *i ** *** * ** * **** * *** *** **** * *** ** * ** *fit FOR USE ON LEGAL INSTRUMENT A PORTION OF LOT 7 "AUM DOWNS", ; Y DULY RECORDED PLAT IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP SOUTH F RANGE 1 WEST, W.M. , CITY OF TIGARD, WASHINGTON COUNTY, OREGON ,, SAID PORTION BEING MORE PARTCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 7, WHICH POatNT BEARS SOUTH 00°10'21" NEST 210.66 FEET FROM THE NORTH- EAST CORNER THEREOF AND RUNNING THENCE ALAG THE BOUNDARY OF SAID LOT 7, SOUTH 00°10'21" WEST 167,41 FEET, NORTH 89 °58'53" WEST 26.22 FEET, AND NORTH 00 °00'4, EAST 125.00 FEET THENCE NORTH 16°19'29" EST 44.31 FEET; THENCE SOUTH 89°49'39" EAST 39.15 FEET TO THE POINT OF BEGINNING. i CONTAINING 4694 SQUARE FzET BORE OR LESS. FOR BASIS OF BEARINGS AND ADDI TONAL INFORMATION SEE THE PLAT OF "AUM DOWNS ". Subdivisions Planning Design 1i Ds SiJrve 'ing wmmmemmumm Mapping 434 S. First Ave., Suite 400 Hillsboro, Oregon 97123 (503) 648-4959 FAX: (503) 640 -9385 PROPERTY DESCRIPTION: POR' +'ION OF LOT 7 AUM tOWNS FOR: MARIJAN BOSNAR (DATE NOV. 8, 1990 LOCATION: S.W. LOCUST ST., TIGARD JOB NUMBER: 8905014 FOR, IDENTIFICATION PURPOSES ONLY PARCEL Z FOR USE ON LEGAL INSTRUMENT A PORTION OF LOT 7 "AUM DOWNS" c A DULY RECORDED PLAT IN THE NORTHEAST QUARTER OP SECTION 36, TOWNSHIP 1 SOUTH , RANGE 1 WEST, W.M., CITY OF TIGARD,'WASHINGTON COUNTY, OREGON', SAID PORTON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 7, WHICH POINT BEARS SOUTH 00°00'44" WEST 126,51 FEET FROM THE NORTH- WEST CORNER THEREOF AND WANING THENCE SOUTH ' 60`15' 33" EAST 127.90 FEET; THENCE SOUTH 16°19'29" EAST 67.31 FEET, TO THE NORTHEAST CORNER OF LOT 6 SAID PLAT; THENCE NORTH 89°58'53" WEST ALONG THE NORTH LINES OF LOTS 6 AND 5 OF SAID PLAT 130.0C FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00'00'44" EAST ALONG THE WEST LINE THEREOF 128.00 FEET TO THE POINT OF BEGINNING. CNTAINING 11,307 SQUARE FEET MORE OR LESS. FOR BASIS OF BEARINGS AND ADDITIONAL INFORMATION SEE THE T'LAT OF "AUM DOWNS". Design * LI D.4 urveying * Mapping .:„.knokil. , ORLON 13126 S.W. HALL BLVD. P.O. BOX 23397. TIGARD, OR '97223 (503) 639 -4171 .i( t 1 111 j. c.f .,C',r1 '!\ .. t �, E 77°07 DATE PLEASE RETURN ORIG INA.a COPY WITH REPLY. KEEP PINK COPY FOR YOUR RE CORDS, lL COPY CONSULTING ENGINEERI RVICES 14780 SW Osprey Drive Suite 395 Bea►; Orton, OR 97007 (603) 646•4509 Lair VpG� Q` U if ATTENTION Vi Cc..oa7_an R^____..� "AUM DOWNS PARTITION 13125 S.W. Hall. r3 vd Tigard, OR. 97223 WC ARE SENDING YOU %Attached 0 Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples 0 Specifications • Copy of letter 0 Change order lEic COPIES DATE 1 Sep DESCRIPTION PARTITION PLAT LOT 7 FOR AtJM DOWNS COMMONWAY ACC':ESS AGREEMENT SIGNED THESE ARE TRANSMITTED as checked below: 1' !:or approval ❑ approved as submitted ❑ Resubmit __copies --copies for approval. d Submit ,copies for distribution CJ For your use 0 Approved as noted b p As requested ❑ Returned for corrections 0 Retwn corrected prints O For review and comment t TO REOORD • FOR BIDS DUE 19 ❑ PRINTS RET a NED AFTE R LOAN 'TO US SIGNED: CA I,L +3E 1tiE ktitellct24 3 /Hass % 01411 if erictibsur i:t not as tiOittidi Matti, ■46 at erne* >4 I o ti to Cen� CONSULTING ENGINEERING ERVI E Center Plaza West • Suite 360* 12555 S.W. Center St. • Beaverton, Oregon 97005 -601 • (503) 646 -4509 • FAX (503) 526 -8966 March 26, 1990 Jerry Offer City of Tigard P.O. Box 23397 Tigard, Or. 97223 Re: Variance Request Minor Partition Lot 7, Aum Downs Ti _7300, map 1 S 1 36AA Tigard, Or. wosaapumma MAR 2'71990 Dear Jerry: Subject to Gre g Berry's request for information on the variance requested for the above referenced minor partition, we hereby submit the following information. Tnere are special site considerations that support our request to construct a narrc: -Ter driveway than required by, code: The site has two large trees located near the ea ;xt line. One tree across from parcel 1) may need ( p property , y required to be 20 to be removed, if the AC driveway keep the.. tree b f cet wide, The owner would like p by constructing the AC pavement 16 feet wide with 2' gravel shoulders Con'atruct io of a narrower driveway will minimize the amount of structural bill required to construct the access to Parcel 11. The swale is 8 to 10 feet deep and about 70 feet wide. Portland General Electric locat ed a transformer in the e most southeasterl y corner of lot � This transform er conflicts with the 20 feet wide driveway. The fire marshal has reviewed the driveway as shorn on g given .. approval noted in the attached drawing and ourrevye�w. .rovA�l as note the letter submitted for y pp the variance be detrimental to the adl accent A roval of variance w not lots or neighborhood. The configuration of lot 1 with the flag '7 lot shape was previously pp by the city in 1989. Approval � approved will allow the owner to maintain a straight driveway to the new parcels without creating a jog or bend in the alignment that could be hazardous to the future residents. If you have any questions, please call. sincerely, CONSULTING ENGINEERING SERVICES Offer. let n w 1• March 23, 1990 TO: Fire District #1 FROM: Tigard Planning Division REQU3ST FOR COMMENTS RE: MLP90 -0002 B0SNAR MINOR LAND PARTIT';ON MLP 90- •0002 VARIANCE VAR 90 -0006 DOSNAR NPO #8 A reque t to divide 43,123.63 square foot parcel into two parcels containing 13,,018.54 square feet and 26,160.73 square feet. Also requested is a variance to allow a 16 foot paved driveway where 20 feet is normally required. ZONE: :R -4o 5 (Residential, 4.5 units/acre) LOCATION: North of SN Locust Street and east of SW 71st Place, Lot 7 Aum Downs Subdivision (WCTM 181 36AA, tax lot 7300) Attached is the site plan and applicants gMatement f "• information supplied by various departments and age: information available to our staff, a report. and rec prepared and a decision will be rendered on the pro] you wish to comment on this application, we need yot You may use the space provided below ar attach a eel your comments. If you are unable to respond by the your comments anc the staff contact noted below with writing as soon as possible. If y ou have any queF tic contact the Tigard Planning Department, PO Box 2339; Tigard, OR 97223. PHONE: 639- e4171. STAFF CONTACT: \ k b Ab. D bcl1A) t (lam PLEASE c iECX THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to,it. sasses r ,o.,s." .r.a TUALATIN VALLEY FIRE & RC AND DEPARTMENT BEAVERTON FIRE NI IC Please contact Please refer to the enclosed letter. Conrient E : C.19 1 `7 AC" 2 J OLG �,d of our office. ha,,AaSgiat-i 11, i AA 1, 1. Apr g. Itwr�t�E of .,�'aon COmtTen -in :....r._.......,�,, Telephone number:. GENE BIRCH LL Deputy Fire Marshal / Plans Examiner 503. 526 -2502 FAX 526 -2538 4, 5 S.VIW. Griffith Dthe. Bemerton, O'egor. -1005 it f.+.n. j Y,,,�"F'►•O w, "ice • MEMORANDUM CITY OF TIGARD, OREGON "mss Viola Goodwin, Ae¢ istant Planner MGM: Greg Berry, Utilities Engineer SUBJECT: MLP 90 -0002 Sooner DATE: March 23, 1900 Descriptions The applicant proposes to divide a 0.99 acre site into two residential parcels. Finding!: 1. The applicant ha submitted a site plan , howieg the propos ed driveway and utilities. 2. Access for the logs Le provided by a vommon driveway coon cted to SW Locuvat Street. The applicant has requested a variance to decrease the paved width of the driveway from 20 feet as required by Section 18.106.070 of the Code, to 16 feet, Variances may be approved' by the Director if the requirements of Section 18.1.4.,050 are Wit. he applicant has stated that the purpose of the variance is to increase tree, depth of the southern lot and to avoid; a transformer along the east property line at the street, difficult grading along the east property line, and removal of a_ tree. Paragraph (2) of that subsection of the Code requires special circumstances peculiar to the lot. The driveway could be constructed to fu 7,1 width by extending the paving about 4 feet went. This would result in reducing the southern lot to a depth of 2 about 105 h depth create a special circumstance; e sequent'} , the variance should be denied. 3,► SW Locust` Street is a fully improved newly constructed local street. The proposed driveway will require a concrete apron at its connection to the street. Co �►° 4. Sanitary ewer service is available from an easement west of the western Property line of the site Each t.ouae must connect separately to the line. 9 p X Store drainage is provided b a ewalaa to the seat Of the Elite. The applicant has requested a vacation et a portion of a publc cvorm '•' sewer easement. Engineering Di vision has no objections to the vacations f ae'long only acat',.�d to the extent reed* tired to avoid ( 1 conflicting awith a proposed house and adequate a0cess to the storm newer oetfall ie provided. ENGINEERING REPORT - I LP 90.-00 12 Sooner Page 1 t. TO Viola Godwin, Assistant Plannsit DATE: March 23, 1990 FROM: Greg Berry, Utilities Engineer SUBJECT: MLP 90-0002 Boanar Description: The applicant proposes to divide a 0.99 acre site into two residential parcels. Findings 1. The applicant has submitted a site plan showing the proposed driveway and utilities. 2. Access for the lots is provided ded by a common driveway connected to SW Locust Street The applicant has requested a variance to decrease the paved width of the driveway from 20 feet as required by Section 18.108.070 of the Code, to 16 feet. VaTlance® may be approved by the Director if the requirements of Section 18.334.050 are meet. The applicant has stated that the purpose of the variance is to increase the depth of the southern lot and to avoid; a transformer along the east property line at the street, difficult grading along the east property line, and removal of a tree. Paragraph (2) of that sr bsection of the Code requires special circumstances peculiar to the lot. Th= driveway could be constructed to full width by extending the paving about 4 feet kern lot to a depth of west. This would result in reducin g the soot about 105 feet. This lot depth does not create a special circumst.= nce consequently, the variance should be denied. 3. SW Locust C3treet is a fully improved newly constructed. ?local street. The proposed driveway Will require a concrete apron at its connection to the street. 4 ; ` anitar7 sewer service is available from an easement weStoofathe western property line of th® site,. Pact, house must connect separately line. Storm drainage is provided by 4 f),,, r; b re to the oast of the site ( The applicant has requested, a vm4 ►ation of a portion of a atOrw sewe easement. Engineering Division has no objections to the vacatiOne as l ng aft it is only vacated to the extent required to avoid g proposed qu ccess to the storm sewer conf l tin with a house and adequate s a outf al l is provided. ENGINEER Zoeller Page► 1 �L�� REPORT � �� 90 -��o0a � �s� Recommendations: 3.. A partitions survey plat and SA outbound, description ®.wall be submitted to the . uqi Bering Division before records -1. The plat shall clearly show. A. The access easement as well as ownership and maintenance responsibilities, ands B. Any public utility or sewer easements aate FF CONTACT: John Hagman, Engineering Division, (639-4171). 2. Building permits will not be issued until issued a street opening - er°mit for work within way„ STAFF CONTACT: Jceol Nagman, Engineering 3. A driveway with a paved width of 20 feet width of 25 feet, shall be installed be4 ore an STAFF CONTACT: Brad Reset, Building Division, the Engineering Division has Spa Locust Street right -of- avision, (63V-4171). within an accessway with the occupancy permit is issued. (639- 43.11) 4, The submittal for a buil+. ing permit shall include an erosion control plan conformin g to °Erosion Plans - Technical Guidaa :e Bandboo, November, 1,1439." ST1 P CONTACT: Brad Raut, Building Division, (639- 4171y. APPROVED: g Randall 11. WQOI.F� y4 , Ci Engineer REQUEST FOR COMMENTS FROM: Tigard Planning Diva,sion RE: MLP90 -0002 UOSNAR MINOR LAND PART/ 'I 90-0002 u-0006 BOSNAR NPO #8 A OIL i�,P 90 X042 Vl�.`RIAI�TCF VAR 9® request to divide X3,123. 63 square foot parcel into two parcel., containing 13, 018.54 square feet and 26,160.73 square feet. Also requested is a variance to allow a 16 foot paved driveway where 20 feet is aoleileilly required. ZONE: R -4.5 (Residential, 445 unite /acre) LOCATION: North of SW Locust Street and east of SW 71st Place, Lot 7 Aum Downs Subdivision (=TM 181 36AA, tax lot 7300) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 04/02/90 You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any queetione regarding this matter, contact the Tigard Planning Department, P© Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: `A6,1/4„ d � Lo w\ \ PLEASE CHECK THE FOLLOWING THAT APPLY s to it We have reviewed the proposal and have no objection Please contact of our of f iee. Please refer to the enclosed letter. Commence z CU Name of person commenting: ting BUD ArWhilf/! March 23, 1990 TO :, P.G.H. FROM Tigard Planning Division RR 14LP90 -0002 BOSNAR MINOR LAND PARTITION MLP 90 -0002 VARIANCE VAR 90 -0006 8OSNAR NPO #8 A request to divide 43,123.63 squire foot parcel into two parcels containing 13,018054 square feet and 26,160.73 square feet. Also requested is a variance to allow a 16 foot paved driveway where 20 feet is normally required. ZONE: R -4.5 (Residential, 4.5 units /acre) LOCATION North of SW Locust Street and east of SW 71st Place, Lot 7 Aum Downs Subdivision (WCTM 181 36AA, tax hot 7300) Attached is the site plan and applicants statement for your review. Proms information supplied by various departments and agencies and from other in2ormation available to our staff, a report t and recommendation will be prep .; red and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 04/02/90. °?ou may use the space, provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please pli n e' the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any queet£ons regarding this matter, contact the Tigard Planning Department,, Pm Box 2339e 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171: PLEASE CHECK THE FOLLOWING THAT APPLY: z We have reviewed the proposal ant, have no objections to it. Please contact of our office. Please refer to the enclosed letter, Name of person commenting: -7e 10 400 z2-1 -fit Teierlbone number: C4-S44- e REC''JBST FOR COMMENTS March 23, 1990 TO Metzger Water District FROM Tigard Planning Division RE: MLP90 -0002 BOSNAR MINOR LAND PARTITION IALP 90-0002 VARIANCE VAS 90 -0006 BOSNAR NPO #8 A request to divide 43,123.63 square foot parcel into two parcels containing 13,018.54 square feet and 26,160.73 square feet. Also requested is a variance to allow a 16 foot paved driveway where 20 feet is normally required. ZONE: R -4.5 (Residential, 4.5,units /acre) LOCATION: North of SW Locust Street and east of SW 71st Place, ?..,-'S a Aum Downs Subdi, ipion (W TM 1S1 36AA, tax lot 7300) Attached is the site plan and applicants statement for your review. Prom informa from other information availabl hto our® staff, atreportaand� recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you with to comment on this application, we need your comments by 04/02/90. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the. Tigar{ Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223 PHONE: 639 -4171. STAFF CONTACT: '004k0. PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it of our office. comnxient o Telephone number: 4.44 LEGIBILITY STRR EQUEST FOR CO MENTS March 23, 1990 TO: Building Diviaion FROM Tigard Planning Division RE: MLP90 -0002 BOSNAR 9 WOR LAND PARTITION ML? 90-0002 VARIANCE VAR 90 -0006 BOSNAR NPO #8 A request to divide 43,123.63 square font parcel into two parcels containing 13,018.54 square feet and 26,160.73 square feet. Also requested is a , paved driveway feat is normally variance to hllr,� a foot eyed driv�e4w6 units/acre) L►t;rCATION: North of required. ZONE. R 4.6 (Residential, i SW Locust Street and east of S:9 71st Place, Lot 7 Aum Dowz\' Subdivision (WCTM iSi 36AA, tax lot 7300) Attached is the site plan and applicants statement fer your review. From information supplied by various departments and agencies and from other Information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 04/20/90. `Xou may ° use the space provided below ar attach a separate letter to return your comments. If yea are unable to respond by the and above date, e, please phone n the staff contact noted below with your comments your comments writing as Soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, P© Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: `i tOtt -L (\ C boob wi t ir' PEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to its Please contact of our office. Please refer to the enclosed letter. Comrients Name of person commenting :. Telephone number: 3 RI PROPOSAL DESCRI7i TION FILE NO MLP 9G -0002/ vA,R fP .`'° FILE TITLE: BOSNAR APPLICANT: MARIJAN BOSNAR OWNER: MARIJAN BOSNAR Se ,sP2ueC Pig-ft-AAA Q q 7 r REQUEST 4 PERMISSION TO DIVIDE 43,123.63 SQUARE FOOT PARCEL INTO TWO (2) PARCELS CONTAINING 1 SQUARE FEET. 40;60 3,oaa.�4 SQUARE FEET AND 26,160.73 1. / `£/110A d.r " `" ' A UA,U /9, 16, Mil e)(10e6 oierumw wvitec 20 F- °` d6 o d'u ak` / a of , LOCATION: NORTH OF SW LOCUST STREET AND EAST OF SW 71ST PLACE. LOT 7 ADm DOWNS SUBDIVISION. (WCTM 1S1 36r TAX LOT 7300) ZONING DESIGNATION: R -4.5 (RESIDENTIAL, 4.5 UNITS PER ACRE) COMPREHENSIVE E PLAN DESIGNATION: LOW- DENSITY RESIDENTIAL NPO NO: 8 CHAIRPERSON: MARILYN HARTZELL PHONE: 245 -6299 XX STAFF' DECISION PLANNING COMISSION DATE /,Nei TIME HEARINGS O 'FT..e ER )ATE /w0,_.. TIME CITY COUNCIL DATE __./ TIME XX REQUEST FOR COMMENTS (see attached list) RETURN BY " //_._,, — A VICINITY MAP L DSCAPING PLAN ATTACHMENTS • . N RRATIVE ARCHITECTURAL PLAN XX SITE PLAN 1-- SUFF CONTACT PERSON: VI GOODWIN 4 Dn � CD � PLANNER APPROVAL � P V ADVERTISEMENT - TIMES 0.1/1 Z; / OREGONIAN NOTICE TO PROPERTY OWNERS TO BE HAILED __ /' ..News LETTER OF ACCEPTANCE OF APPLICP,TION / , 'O.. ■_• News.- NOTICE TO DLCD - ATTACHMENTS: •. — MAR-- 1 3 SO TUE 1 CES P- 0 1 FAX TRANSMITTAL We are transmitting sheets Including this cover sheet. If you have any problems g . , please ( ) 646-4509, receiving this tr�nsr�e +cal 1��5� ell U�t 5d� RMARKo MAR-1S-90 TUE 1 2 tF C s 2 TUAIATIN VALLEY! FIRE .MSCITE AND BEAVERTaN FIRE DIPAR'TMENT 4755 S.W. Griffith Drive (, l . ►, Box 4755 ®g‘ averton, OR V7')'6' 03) S26-2469 FAX 526.2538 Cara 8. 9 flsf n Consulting Engineers Service Center Plaza We$t r Suite 160 12655 . SW Center Street Beaverton OR 57005 -1601 Re: Minor partition of Lot 7, Aum Downs, Tax Lot 7300, .1S1 -36 -AA, Tigard, Oregon The plans submitted to this office for your proposed vari,ice to the code for the requirement of a 20 foot wide driveway has been reviow2d and approved subject to a 16 foot wide hard surfaced road with 2 foot of shoulder on each side as indicated. If we udo he of any further service to you, please contact me at this office. Subject to the above, the application is approved. Sincerely, � .r .! ,s l 11iP7:oRio. BP:bgt4215e +ireo 'toe S oke TP .iatota dye Lilts CONSULTING ENGINEERING SERVICES Center Plaza West o Suite 361.12655 S.W.':enter St. • 6. averton, Oregon 94(05 -1601 . (503) 646 -45090 FAX (500 526 -8966 March 5, 1990 Jerry Offer Development review Planner Community Development Department City of Tigard P.O. Box 2339 Tigard, Or 97223 Re: Minor Partition Lot 7, Awn Downs 'CL 7300, 1 S 1 36AA` Tigard, Or Dear Enclosed is the application for the minor partition on the subject lot. We are hereby requesting a variance to the code requirement for a 20 feet wide driveway in tract 'A' to service two lots. We propose to construct a 16 feet wide A.C. driveway with 2 feet wide gravel shoulders. The structural section will br sufficient to support a 45,000 lbs wheel load. We have contacted the fire marshal'' to o ::a . l a letter . f approval We will forward the letter to you as Goon as possible, In addition, we need to vacate a portion of the storm sewer easement that will conflict with the proposed house on Parcel Please accept this Netter as our rrequest to begin the vacation process The area to be vacated is indicated on the enclosed drawings. If we can be of any further assistance, please call. Sincerely,, CONSULTING ENGINE G SERVICES Crl B. Jense , P.E. aumfttt let (.:� r. % AU J Vr`y i. + a�i ®� 157.28 700 2.40 AC. ' NON- VECHIL.E ACCESS 160' 200' 601 400 2,75 AC, /.87 AC. 66' _ 262. S ' OUST ST" 64.93 64.93 26,2 $900 7000 SEE MAP IS 13648 crt g 51 goo, w N 100 ' •1 ,t, i, 701 702 ( iNi .34 AC, 4 6 4.76 64,76 . 25 AC bo� 129.52 68000 - w Cn , 2 500` 0 S 89° 4e , E. 98,50 1201 .43 AC. I IES� - p0 65 $ iaoa 1300 1 2240 X24 Aet 120 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] CITY OF TIGARD COMMUNITY DEVELOPMENT,DEPARTME:NT PRE -- APPLICATION CHECKLIST • APPLICANT ..._' SE • PROPERTY LOCATIOW Address 7/674 Tax Map/Tax Lot m I144L� 5" 4,__L /u /O 0 • PROPOSAL DESCRIPTION /NECESSARY APPLICTION(S) /141/V044,11 LA WC) /?4s27 /Tak) ea. Lor I .2-5//36-,E7 P4VED elyevity USIEp (zo'Re) Existing VAC- k"/l"` Adjacent Propeety north south east west 616; i e Ce.5 5. COMPRENE.NSI "E PLAN DESIGNATION _ ,. , 6. ZOMiNG DESIGNATToN �.- _ • 7. NEIGHBORHOOD PLANNING ORGANIZATION NO. _ CDAIRPLRSO 4 A 'I ON 1/4/Z126(..., PHONE '"." • CODE REQUIREMENTS Minimum lot size /width Setbacks front r corner'_ sA,dems, Special setbackst streets established area --... lamer intensity -tes wetla------ ... flag lot access() r structures La zero lot line ., a $axamUm lot couera, ge '. t imam building height Density 'transition Landscaping: minimum % of lot area Street Trees .. Buffer Area v Parking Areas .,---- v Visual clearance ' Parking a nd oad i n _ ....................... ---- Iris t S W I `'+'1 ''�` .�' Access and circulation ., ' 0 - e:14 tpL....kozem e to my -hot Signs OTHER CONSIDERATIONS (See applicatioi checklist for specific items) ' Sensitive lands: . floodplaln drainage y >25% slope. \-1 r, Wetlands Open space .- ---,. Historic overlay .. -.:- ...,�. -. "" Street improvemantsAmormrtatTOMPItteuerts k Right -of-ay dedication `1 Sanitary Sewer improvement tti _ btorm Sev=Jer improvements w . 1 ,'w Improvement Agreement - Permit; Bonds Fees .e ........ 0.1 r.. ,. .._.._..� 8,. Other agency permits �- '.-.. ,.,,,, �.,. - --. 4 � 10. "PROCEDURE Administrative staff review°",.: Public Hearing /Hearings Officer Public Hearing/Planning Ccalwission - - -.--. The Administrative .decision or Public Hcarircg shall occur approximately 30 days after a complete application is filed. A .40-day appeal. p."riod follows all decisions (0 5raP /00220) CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST, The items on the checklist below are required for the successful completion of your application submission requirements. This checklist ieentihles what is required to be submitted with _your application. This sheet MUST be brought and submitted with all other materials at the time you submit your aiplx Lion. See your application for further explanation of these items or caI;! Planning at 639- 4171. ITEMS TO BE RFISIC MATERIALS INCLUTAIO► A) Application form (1 00Py) i" C 3 a) Owner's .' signature/written authorization I ',C) Title transfer instrument (J) Assessor's map r 3 E) Plot or site plan C 3 F) Applicant's statement C 3 • & addresses within 250 feet C 3 (G) Filing ®f fpeo ($r�, ownersr) y C1 SPECIFIC MATERIALS No. of copies ) y4 1) Vicinity Map A) Site Information shour�.n�! . C 3 2) Site size & dimensi‘r>is 3). Contour lines (2 ft at 0-10% or 5 ft for grades > 1(%) t 4) Drainage patterns, courses, and ponds I 3 5) (Locations ' of natural hazard areas including: •:,:: a) Floodpaaial area � a b) Slopes in excess of 25` I 1 ,rte c) Unstable ground seasonal water table r � �e � C . d) Areas with high e) Areas with severe soil erosion potential C ] f) Areas hate i.ng severely weak foundation soils C 6) Location of resource areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats C ) b) Wetlands C 3 7) Othor site feature:"'. C6 a) Re k outcroppings I 3' I te ground with 6" i caliper measux e1 +4 feet tad b, ' Trees round leve] I ] t"...' . . an d. off -site noise sources I 8) Location of existing structures and their uses 3 �� �� �� Location Oy existing of ut:.lities and easements C 3 �® 9 ) Location and �� ,� . `. 11) Location of exis:.i�;hg dEdicated right-of-Ways tau 6) Site Development Pl? shQ Jinq (No. of copies „.) I 3 i) The proposed site *nc.i aunt ° finding properties C 3 2) Coetour l:i.f:c intervals I 3 l The public ways location, dimensions and names of all: y i a) Existing &putted streets & other and easements on the site ai- d on adjoiniog I 3 properties W,„?' p` & easements ) Posed sttree;e or other �bli.:a w on the site. c) Alternative route: of dead end or proposed streets that require ft.oture extension The location and dimension of : C a) Entrances and exits on the site ( b) Parking and circulation areas 3 3 c) Loading and services areas d) Pedestrian and bicycle circulation C 3 e) Outdoor common areas, C 3 f) Above ground utilities C 3 The location, dimensions & setback distances of ail: a) Existing permanent structures, improvements, utilities and easements wx lich are located on the site and on adjacent property within 25 feel of the eite b) Proposed structuree a , improvements, . utilities and easements on the site C 3 6) Storm drainage faci',ities and analysis of downstream conditions 7) Sanitary sewer facilities 8) The location of areas to be landscaped C 3 9) The location and type of outdoor lighting considering crime prevention techniques C 3 10) The location of mailboxes C3 11) The location of all structures and their orientation (' ) 12) Existing or proposed sewer reimbursement ( l ,,) smburse�rent agree��ents Gradin l Plan (No. of copies C The site development plan shall include a grading plan at the same scale as the site analysis drawingi and shall contain the following information: 1) The location and extent to which grading will .take Place. indicating general contour lines, slope ratios and soil .stabilization-proposals, and time of year it is proposed to be done. A st®tement from a registered engineer supported bs data factual substantiating: a) Subsurface exploration and • geotechnical engineering c'eport b) The validity of ,sanitary newer .and storm .drainage scxvice prt rosals all c) That pr, obletes will be mitigated and how they will be mitigated Architectural brawings (No. of copies" )+ The site development plan proposal shall include: 1) Floor plans indicating the square footage of all structures proposed for use vn —site; and . � drawings '� tune. 2) Typical elevation drawings of oach strr�c n10292110 Plan. (No- of v opies ,. ,.) = The la ndsf:ape plan shalt be drawn at the same scale of the site analysis plan or a la ger. scarle if necen3ary and shall indicate ,l eecr .he i.rrigatIorr system Where applicable t 1) _-� ption of t 2) Locations and height of fences, buffers and screenings t APPLICATION COEEKLIS`i - Page 2 Loca 410 h off terraces, decks, shelterx " lay areas and ommon open spaces Location, type, size and species of existing and proposed plant materials. The landscape plan shall include a narrative which 1) Soil conditions. 2) Erosion control measres that will be used • Sign Drawings Sign drawings shall be submitted in ac:cordance with Chapter 18.114 of the Code as part of Site ueu a lopnent Review or prior to obtaining a Building Permit to 'construct the sign. [ If ffic generation est'lm;ate PreliminaryLrt lien or lot la.;e adiuscr ►gent map_an (No. of Copies ,o; ) ; 1) The vuner of the subject parcel 2) The .owns!. ~'s authorized agent 3) The map scale, (20, 5.1,100 or 200 feet=1) , inch north arrow and date 4) Description of parcel location and bound^ries 5) Location, width and names of streets,- easements and other public ways within and ad j& ent to the parcel ocation of all atarmanent buildings cn and within 25 feet of all property lines ✓) Location and width of all water courses g) Location of any trees ruith 6" or greater caliper at 4 feet above groU :d level C1 '" 91 All slopes greater than 25%. ( _ �,,, 10) Location of existing utilia iec and utility easements [le I) For major land partition which creates a public street: a) The proposed right- of-way location and width [ ] b) A scaled cross - section of the proposed street plus any reserve sV.ri p 12) Ony applicable deed restrictions 13) Evidence that Land partit;on will net preclude efficient future land division wheret applicable_ Sub ivi.sien, prlliminary Plat dram and data to (No. cf CopaF.s lee c#uc . 'Ma alz; 1) Scale gi 30,50,100 or 200 feet to the inch and limited to one phase per sheet 2) The proposed name of the subdivision 3) Vicinity map shovel g property's relationship arterial and collector streets 4) Names, addresses and telephone numbers of developer, engineer, surveyer, designer, 5) Date of application 6) Boundary lines of trra.t to be subdivided 7) Name of adjacent subdivision or names of recorded owners of adjoining pari'tyls of unsubd_i.vided land 8 Contour lines related to a City-established bench- mark at 2-foot intervals for 0-10% grades greater than 107 e APPLICATION CHECKLIST •-- Page 3 T 9) The pu se, locotion, type and size of P1" of the following (withiol and adjacent to the p 'a: poses! C subdivision) a) Public and private right --of --ways and easements b) Public and private sanitary and storm st.►wer lines [ .J c) Domestic water mains including fire hydrants [ 3 d) Major pow r telephone transmission line,. (50,000 oroli:s or greater) E 3 e) Watercourses 3 f) Deed reservations for parks, open space, pathways t and rather land encumbrances 10) Approximate plan and profiles of proposed, :sanitary and storm sewers with grades and Pipe' ' sizes indicated [ 3 11) Plan of the proposed water distribution system, showing pipe sizes 'and the location of valves and fire hyplrants. [ 12) Approximate centerline showing the finished grade of all streets including street extensions forda reasonable dAstance beyond the limits of the prop C subdivision. 13) Scaled cross sections of propor ed street right —of -way: [ 3 �, inundation ti�An or 14) The location all subj ct to inunda c storm water ' er-- and drainage 15) Location, , width and a�aysio.� of flow of courses it 16) The proposed lot configuration; approximate lot dimensions and lot numbers. Where lusts are to be l be used for purposes other than residential, it shall [ indicated upon such lots 17) The location of all trees with a diameter 6 inches or . g jreater measured at 4 feet above ground level, and C� the location of proposed twee plantings, if any 18) The existing uses of the property, including the location of all structures• and the present uses of the structures, and a statement of. which structr► e= are to remain after platting 19) supplemental information including a) Pr°oposea deed rest �"iction (if any) [ 3 b) Proof of property ownership [ 3 c) , A proposed plan for provision of subdivision improvements ( 3 20) Existing natural features in Iudi'tg rock out- croppings, s.- 1 3 cro pangs, +wetla��ds and marsh area 21) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be • incor"prated into a narrative and submitted with the application [ (2362Pf0028P) AP LICATION CP4LC titST -x Page 4 t 4,, [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]