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MLP1990-00003
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. f r � AFFIDAVIT OF MAILINJG STATE OF OREGON County of Washington City of Tigard I, (3_23a/Y1,:e tku_Agtor depose and say: (Please print) That lama.�YCQ The C!Lty;of Tigard, Oregon. , being first duly sworn/affirm, on oath -Li- for That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: `"..-- City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public. Hearing, Notice /Notice of Decision) of which is attached (Marked Exhibit "P") was mailed to each named persons at the add ees shown • on the attached list marked exhibit "B" on the _ILL' day of N c ( 19 `16 , s aid notice NOTICE OF DECISION as her to attached, was pos edd on an appropriate s ullotin board on the 77' day of d • , 19_._._l ; and deposited in the United States Mail on the 1-7-ti--- day of ( , 1.9 , postage prepaid. . �.._._... ..Q.. &i[ -- Prepared Notice /Posted ¢for Decision Oniyj Subscribed and sworn /affirm to me on the C / day of 19 PUBLIC` OF OREGON mmiesion Expirea�"� erson who delivered to POST OFFICE Sub r ibed and swot', n /af f iron to me on the 19 0 t7 r'A day of NOTAR My C by, yy��r � U 0r kMiA FIDAT;i CITY OF TIGARD NOTICE OF DECISION MINOR LAN1 PARTITION MLP 90 -0004 VARL\NCE VAR 90 -0010 Sven & Diane Kvarnstrom APPLICATION: A request by Sven & Diane Kvarnstrom for minor land partition approval to divide a 3.44 acre tract on SW Walnut Street into thr'3e residential parcels. Two parcels will contain approximately 1.1 acres each and one parcel will contain approximately 1.24 acres. Also requested is a variance to allow the existing gravel drive to be extended to serve all three parcels in lieu of a paved drive. ZONE: R -4.5 (Residential 4.5 units per acre). LOCATION: 11405 SW Walnut Street (WCTM 2S1 3AB tax lot 500). DECISION: Notice is hereby given that the Plaru ing Director's designee for the City of Tigard has APPROVED the above described u.inor land partition request. � . The Director's designee has DENIED the requested variance to retain the gravel paved drive. drive in lieu of a p The findings and conclusions on which the decision is based are noted below: A. FINDING OF FACT 1. Background L partition .� approved with conditions on May 8,: 1986. inor land artition NAP 2 86 was a ro Due to abutting residents concerns about the loss of trees, and after a field visit and discussion with the applicant, the decision was amended to conform with the Tigard tree removal ordinance. This amended decision was appealed to the City of Tigard Planning Commission for further review. The Commission upheld the Planning Director °r decision of May 16, 198.4 with additional amended conditions. This final order (PC 86-22) was passed on the Planning Department property, y artment for• this other ert , There was no development reviewed action taken by the D applicant and approval of final order (PC 86-22) has since expired. This current application is in effect the same proposal which was originally submitted as MLP2 -86. 2. Vicinity Information Properties immediately to the east, south, and west are in Washington County. Properties to the north and northwest are in Tigard and are zoned R -4.5 (Residential, 4.5 unite per acre) One property to the east with frontage on Walnut is in Tigard and is also zoned R4-4.5. 3. Site Information and Proposal Description A 1720 square foot residence is located on the southeast corner of the property. 1 275 square toot temporary barn is located on the western edge p, P'a y property y frontage on Walnut Street. of the ro rt The ra ext ha,s 38 feet of :Fronts � NOTICE of DECISION - Y VARNSTRON (ML 90-0004/VAR 00-0010) PAGE 1 The applicant proposes to establish three lots approximately 1.24, 1.1, and, 1.1 acres in size. An approximately 854 foot accesssway, will wind from Walnut Street along the entrance driveway and wound the first lot and then continue north along the wewatern boundary of the ' property. The access drive will be shared by all three lots 4. Agency and NPO Comments The Tigard Water District has the following comments A fire y hydrant and a six inch water line would need to be built to provide protection 500 � number fire rotection within X0�et of the home on proposed maintain the water three. Also, the necessary easement must b provided line. The Tualatin Rural Fire District has the following comments: Land locked plots of land should not be created. Access and hydrant protection shall be provided as per Uniform Fire Code prior to construction of buildings. A turn - around area will be required at the end of the driveway. A hammer -head arrangement with each end being approximately 45 feet long and 20 feet wide is acceptable. The Engineossring Division has the following comments: a. Soutnwest Walnut Street is paved but not improved with curb or sidewalk. Subsection 18.164.030 A of the Code permits the Director: to accept a future improvement guar ntee in lieu of Street improvements on property zoned residential if the proposed land p.,.rtitlen does not create any new et wets. Since the are. surrounding the site is nea:s"ly fully developed with streets without curbs and sidewalks a future improvement guarantee in lieu of street improvements is acceptable. b„ Sanitary sewer service is availaole from an existing sewer along the northern 420 feet of the western property line. ° Each house must connect separately to the line. c. Storm drainage may be provided by an existing culvert along W Walnut Street or by on site disposal d. Approval of the requested variance would permit a gravel where te��i variance Section ' 18108.070 of the Code requires a driveway with curbs, sidewalk, and paved width of 24 feet requiress meeting the standards set out in Section 18.134.050 of the Code. The requested variance appears to be without justification, consequently the variance should he denied No other comments have been received. B. FINDINGS AND CONCLUSIONS NOTICE OF DECISION -- KVAANSTROM (ML? 90-0004/VAR 90- 010 ) PAGE The proposed partitioning is consist with the minimum lot size of the R -4 „5 zone `_(7,500 square feet) as well as other requirements of the Community Development Code. The division will be consistent with the character of the surrounding area The northern two lots and to a lesser extent the southern most lot are all covered with a good deal of invasive vegetation, secondary trees, firs, and evergreens. The City's tree removal ordinance has as its purpose the prohibition of the unnecessary removal of trees on undeveloped ]its. Most of the largest trees are situated along the western edge of the three lots wh -re the proposed access and driveway will be Therefo7:�e, tree removal perm;tel shall be obtained as per Section 18.150.0410 o* the Community Development Code which states that no persons shall cut st, tree(s) upon private or public property without first obtaining a remit from the City. Tree removal permits are required for all trees having a trunk 8 inches or more in diameter, 4 feet above ground level. Through the tree removal permit process the applicant will achieve a winding drisreway, which spares as many trees as possible, and leaves intact a tree buffet for the western neighboring properties to enjoy. The requested variance is proposed on the basis that the existing gravel drive to this property has been used since before 1961. It has an excellent base, it has been maintained regularly throughout this period, it is currently in use, and would provide access to the back two parcels. These findings and conclusions are consistent with those of final order (PC 86 -22) The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1 and 7.1.2 and Community Development Code Chapters 18.50, 18.108.070, 11.150, and 18.162. Staff has determined that the proposal as submitted, or with minor modifications, is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Policy 2.1.1 is satisfied because the NPO and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal, Policy 7.1.2 is satisfied because adequate water, sewer, and storm facilities are available to the development. The applicant also indicates that these facilities will be provided within the partition as required by City standards. Staff as also determined that the proposal as submitted, or with minor modifications, is consistent with the relevant portions of the Community Development Cods based upon the following findings: a. Chapter 18.50 is satisfied because the appliction 'meets all the requirements of the R -4.5 zone. b. Chapter 18.108.070 will be pavement width shall be met satisfied because minimum access NOTICE OF DECISION -+ KV STROZ” (M I& 90 -0004 /VAR 90 -0010) PAGE a c. Chapter 18.150 will be satisfied because the majority of the trees on the site will be preserved and the proposed driveway will be aligned in a manner to further minimize the need for tree removal. d. Chapter 18.162 is satisfied because the proposed partition meets the criteria for partitioning properly. Screening shall be provided as required by Section 18.162.050(f) where the proposed driveway is within 10 feet of the western property line. Screening may also be required to maintain privacy for abutting lots. Vegetation and fencing are examples of materials which may be used to meet the screening requirement. C. DECISION Based upon the above findings and conclusion , the Planning Director's Designee APPROVES, subject to certain conditions, Minor Land Partition M P 90 -0004. The requested Variance VAR 90-0010 to allow the retention of the present graveled drive is DENIED in light of the previous ruling of the Planning Commission requiring that the drive be paved. 1. A partition survey, plat and a outbound description shall be submitted to the Engineering Division before recording. The plat shall clearly show a) the acces _ easement as well as ownership and maintenance responsibilities; b) the private sanitary easements; and c) any public utility or sewer easements. STAFF CONTACT: John Ragman, Engineering Division (639-4171). 2. An agreement shall be executed by the applicant, on forms provided by the City, which haves the property owners right to oppose or remonstrate against a future local improvement district formed to improve SW Walnut Street . ? '.VAFF CONTACT: John Hagman, Engineering Di7.4.aion (639 -4171) . 3. Building permits will re,', be issued until the Engineering Division has issued a street opening permit for work within. the SW Walnut Street right-of-way. STAFF CONTACT: John Hagman, Engineering Division (639- 4:71). Prior to occupancy of any residences on lot two and three the driveway shall be paved. The required pavement width shall be 24 feet within a required 3C foot wide accesaway leading from SW Walnut Street to the residence on lot one From there the accessway shall be 35 feet w!:11 and shall wind alone the western boundary of the property. This 35 foot wide acceseway shall serve resid. -ncos on lots 2 and 3. Within this acceasway, the required pavement width shall be 20 .Feet up to the residence on lot two and ten feet wide from that point to the residence on lot three. The 35 foot wide acceseway on the western boundary is to allows flexibility in the driveway placement to minimize the need for tree removal. STAPP CONTACT Brad Roast::; Building Divieion (639 -4171) 5 A joint use maintenance agreement for the common driveway shall be NOTICE OF DECISION -- RV1 RNSTROM (IlL? 90-0004/VAR 90- 0010) PAGE 4 recorded with the partitioning map and a copy of the recorded document(e) shall be submitted to the Planning Department: STAFF CONTACT: John Hagman, Engineering Divi,� on (639-4171). 6. Additional right -of -way shall be dedicated to the public along the SW Walnut Street frontage to increase the right -of -way to 30 feet from the centerline. The description shall be tied to the existing right- of-way centerline. The dedication document shall be on City forms. Instructions are available from die Engineering Division. STAFF CONTACT: John Hagman, Engineering Division (639 - 4171). 7. The submittal for a building permit shall include an erosion control plan conforming to "Erasion Control Plans - Technical Guidance Handbook, November 1989'. STAFF CONTACT: Brad Roast, Building Division (639 -4171) A drawing of the locations of +.:>e existing utilities for the house must be provided prior to recording the partition. STAFF CONTACT: Brad Roast, Building Division (639. 4171). 9 Sanitary Sewer Connection plan profile details from each lot shall be provided as part of the building improvement plans. The existing building shall be connected to the public sanitary sewerage system. STAFF CONTACT: Brad Roast, Building Division (639 - 4171). 10. The driveway shall be screened in conformance with Section 18.163.050 of the Community Development Code. STAFF CONTACT: Ron Pomeroy, Planning Department (639 - 4171). 11. Valid tree removal permits must be obtained as per Chapter 18.1S0 of the Community Development Code prior to the development pertaining to all three lvts. STAFF CONTACT:' Ron Pomeroy, Planning Department (639.- 4171) • THIS APPROVAL IS VALID IF EXECUTED WITHIN 18 MONTHS OF THE FINAL DECISION DATE NOTED BELOW. D. rAocEDuRt 1. Notice: Notice was posted at City Hall and mailed to X The applicant and owners X Owners of record within the required distance X .__ The affected Neighborhood Planning Organization x Affected government agencies 2. Final Decision: THE DECISION` SHALL BE FINAL ON 590 AN APPEAL IS FILED. 'tJI LESS Appeal: Any party to the deciabn may appeal this decision NOTICE OF DECISION 1 VARNSTROM (MLP 90 0004 /VAR 90-0010) PAGE 5 accordance with Section 18.32 .290 ( ) and Section 18.32.370 of the Community Development Code which provid s that a written appeal must be ailed with the aty Recorder within a `,0 days after notico is given and sent. Appeal foe schedule and forme are available at Tigard City Nall,, 13125 SW i 11 Blvd, Tigard, Oregon. The deadline for filing of an appeal is :30 p..� p Mfg • If you have gueatione, pl -aSe call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. PPROVED BY: Keith Laden, Senior Planner NOTICE OF LiECXS10N aSTRc (HLP 90y3004CVAR -0010) PAGE 6 2 103AB -00300 ........... •••... ••w GLAUS E, JOHN A & MARY 'M CO—TRS 11405 SW 92ND AVE PORTLAND OR 97223 s� A 2S103AB -00401 sssr..o......•i•••e LAYERS, THOMAS L DIANE E 1 11325 SW WALNUT TIGARD OR 97223 2S103AB -00403 a... BRUNEAU, CLAUDIA G 11235 bV WALNUT ST TIGARD OR 97223 2S103Ai3 -00406 i ... e e .... .... o. i. o .. s SMITH, GARY C & ANNE U 4)O BOX 23761 TIGARD OR 97223 2S103AB -00600 •.e........ .......... SWEENEY, WALLACE G EVA L :1145 SW WALNUT TIGAR,i OR 97223 2S103AB- 004404 •..••....•..•.•...... ALTMANN, KENNETH E SHIR,.LIE L 11305 SW WALNUT TIGARD OR 97223 • r2S103AB-00407 • MYERS , THOMAS L AND DANE E ,11325 SW WALNUT ST OR 97223 TXGARD 2S103AB-00700 i..•....e•.. a e.•...•. THO14PS UN, 'WAYNE B 12480 SW 112TH TIGARD OR 97223 1S103AB -00800 ..................... SILLINGHAM, PATRICIA C 11345 SW WALNUT ST ' 'TIGARD OR 97223 2S1038A- -00118 .•s .............•.si. DANIELS, DOUGLAS R RT 1 BOX ,1920 ',IRUMFORD ME 0427E ..2S103BA- 00127 ....,x ................ FURRER, PATRICK J CASWELL, JEANNE M 12270 SW 116TH TIGARD OR 97223 2S103RA -00122 .. E' IANI`EMAN, K'A'RL P JANET S 12160 SW 116TH AVE TIGARD 12S103BA -00109 i •••..•• LEE, GREGORY ALLAN AND RENEE LEYNETTE 111590 SW ANN TIGARD OR 97213 2S103BA- 00119 i.iii..w••i••p•••••�� PENWARDEN, RICHARD K N LEE 12240 SW 1 16TH AVE TIGARD OR 97223 2S103BA -0O121 ... •.►...,.b..i..... FELLOWS, L A AND KATHLEEN A 12200 SW 116TH TIGARD OR 97223 .."rises*** 21103BA -00124 •a ..i..s•• •.iiele GATES, THURSTON A ADAIR 12080 SW 116TH TIGARD OR 97223 25103BA -00123 HEEINTZ, EDWARD DONNA B 112120 SW 116TH �TIGARD 'r 2S103BA-00125' i BAKER, STEPHEN 12040 SW 116TH TIGARD �•�.o ... a • ..• • • e ..► . e V AND CR 97223 L AND YVONNE OR 97223 251038A- 0012.6 .......i..••�i..a.si. WILSON, EUGENE A JOSEPHINE R 12000 SW 116TH AVE TIGARD OR 97223 2S103BA- 011127 ri.....iyi.s..•......• FOURNIER, DNALD R 125105 Si: 116TI ST TIGARD OR 97223' 2S103BA•_00128 ••••• •e•ee•.. e ?AGNER, GARRY J AND NANCY J 12045 SW 116TH TIGARD OR 97223 2.1 257,03BA- 00129 • • .. . j DUTTON, DELOS H MARLENE . :112085 SW 116TH AVE TIGARD 2S103BA.- 0i0130 • ... WOOLARD, JACK D BARBARA J 11675 SW LYNN TIGARD OR 97223 2S103BA ^00132 e•o e•e• •eo. ..•.... MORRISON, TERRY 4 SANDRA 12.195 SW 116TH TIGARD OR 97223 25103BA -00200 eso•eeeeer.o•e ooeowe• , JENOVICH, M GLYNN MAXINI 11525 SW WALNUT AVENUE TIGARD OR 97223 .25103BA -00300 e.e................ 1BOLTE, KEITH A AND ,CONNIE B 11565 SW WALNUT TIGARD i2S103BA -00201 .......•••.•..e.... i SCROGGIN, MARY LYNN 11545 SW WALNUT ;TIGARD 011,97223 1S134CD.,01201 • e e • 1 OTT, DALE M CAROLER C 11900 SW 116TH TIGARD OR 97223 1S134DC -03601 c.. 'OTT, DALE M CAROLEE C ,11900 SW 116TH ST ' TIGARD OR 97223 1S134DC -03602 6...e... TIBBETTS, CECIL W ,RT 4' BO. ' 404 I SHERnOD OR 97140 2S103AC -00100 o......6 ............., RUDNICK, KATHLEEN P 11320 SW WALNUT TIGARD OR 97223 2 S 103AC -00201 • • ... • ... • e • • *086 • BREWER,, DONALD L JOY P 11340 SW WALNUT TIGARD OR 97223 2S103AC -00400 6.6.•..6.•6..6.6.+.•5 GERLACH, LOIS K GERLACH, NORMAN W AND ETHEL E RT 3 BOX 294B SHERWOOD OR 97140 LCS103BD- 00100 .•• .s .n•...• A ARTIN, iTUDITH M TRUSTEE EMMETT nUNT TRUST 10275 SW HAZELI3ROOIC SHERWOOD OR 97140 SVEN & DIANNE i VARNSTROM 11405 SW WALNUT TIGARD, OR 97223 1S103AC- 00200 ....... READ, CHARLES R AND LINDA ;EKAYE 11380 SW WALNUT TIGARD OR 97223 2S103AC -00300 e•...•6.aae an ss LARIMAR, COLLEEN 12745 SW WILLS PLACE TIGARD OR 97223 2S103AC -00500 0••.646r6s.......e... MCMICHAEL, FRANCES 11345 SW FONNER TIGARD OR 97223 JAMES BOYLAN. 11844 SSW MORNING HILL DR TIGARD, OR 57223 TIMES U_- L.I H I 1 COMPANY Legal -: P.O. BOX 370 PHONE (503) 684 -0360 Brice 7 541 BEAVERTON, 'OREGON 97075 RE I E Tearsheet Notice ary Of MKS C7 ')uplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, as s. 1 Judith Koehler being first st duly sworn, depose and say tat I am the Advertising Director, or his principal clerk of the Ti gard Times , a newspaper of general 'circulation, as defined in ORS 193.010 and 113.020; published at I '1 gam in the aforesaid county and state; that the Minors I and Partition MLP 4 -nn(L4 a printed copy of which lc hereto annaxed, was published in the Uhe entire issue of said newspaper for successive and consecutive in the following issues April 96, 1990 VGA bras: api& co taini . no b"ar �a unhs acre LOC I 9'0.0010 tri conditions, of a y t tcty la X 40$ SW n to before me thisl,6th dc'�ji of'..,.Apr L_1990 Subscribed and Sw • e adopted findi;n obt�ct `pt the flail 181v d„ ` final on May , .,Any p in accordance wait S tioh I Com�Y y ^unit Deve » a eat c ile fita g of 411 a s 3: 0 bo De Novo. 'n1541 Putt h April IP 4.4 ,,and ment of o lions can t e nt, T I, Civic ICclntero 13125 SW rev* 97 5, The d • roe shall Q decision may ap� his decision O(A) and Section 2,37Q of the h provides that a Written a may, is given ab sent , l te !b 1990; on s a vi I M1 OF TiGAw, OEGON PARTITION APPLICAT..Q CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION f /YOC 5 ° / a 7 TAX MAP AND TAX LOT NO./11,0P,1_12.5/ �, ... Aar 44 60 SITE .: y2E ..._.�: . 9 •° PROPERTY OWNER /DEED HOLDER* S ADDRESS Et,Z___.EL 2 , 1,42 .r... PHONE CITY ...�'� 9? ZIP APPLICANT* ADDRESS 541-14,4..-c___ _ PHONE -,�a•� . CITY .p ZIP *When the owner and the applicant are different p eople, the applicant must e the p t urcheser of�recotd or a lessee in possession with written 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 wT1ttev authorization with this application. 2. PROPOSAL SUMMARY The owner of record of the subect property request permission to divide r total are into containing 4,401.12.4._ �. Tip o. of parcels) and / . - ,4c ...-, acres (or squate esch)e • FOR STAFF USE ONLY CASE NO. h'1 P OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: —_ Application elements submitted: Application fors; (1) B Owner's signatureficritten authorization (C) Title transfer instrument kl) L,/,(D) Assessor's wsP (1) 1 e, ,► ...(E) Plot plan (pre -app check list) (F) Applicant's statement (pre -app cheek l at) (G) List of property owners and addresses within 259 feet (1) H) Filing fee (235) FIN \L iowisI* Final .Approval Plantar( , Engine . VISPISIERWINV . List any variances conditional uses, or other land use actions r..o be r onsiderea as part of this applicati Dn s ' ° 4. Applicants: To have a complete appl cati:;n you will need to semi': attachments described . in the attached information sheet at the time tau submit this application. THE APPLICANTS) , SHALL CERTIFY THAT:'; A. The above re q2911 ues t es no t i s ub � y ee d restrictions that 1a Y ■be attach" t• • r iffi c ,d f the ectt r ert F. If the application is granted, the applicant wig exercise the rights granted in accordance with the terms avd; subject to all the conditions and limitations .. the approval. C. All of the above statements and the statements' in the plot plan, attachmen 's, and exhibits transmitted herewith, are true, and the applicants so acknowledge that any permit issued, baaec on this application, may be revoked if it is found that any such s tatemont;5 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. DATED this 40 day of (d% 19 .. SIGNATURE, t;f each owner e g. husband and wife) of the subject 1)roperty. ■ APPLICATION INFORMATION LAND PARTITION AND LOT LINE ADJUSTMENT PART I AIPARTI "LION AND LOT LINE ADJUS°.'" NT APPROVAL PROCESS A. A land partition involves the division of land into two or more parcels of land within a calendar year when such area or tract of land exists as a contiguous unit of land under a single ownership (see ORS 92.010 (8)). B. If c.he proposal involves four or more lots, it is a subdivision which requires a different application form. C. Land partit 4 ons are governed by ORS CH. 92, the Community I °\velopment Code - Title 18, aid the Tigard Comprehensive Plan. These documents should be examined prior to the negotiation to sell any land and prior to the submission of an application. • A lot line adjustment involves the relocation of recorded lot lines which does not ces+lt in the creation of an additional lot. • The application ar0 approval process is a two step process and involves: 1. A Freapplication Conference Prior to submission of a preliminary partition or Jot line adjustment pnnin applicant must make an appointment with the map and application, afto discuss the as it relctes proposal to tt'ae applicable requirements 2. Staff Approval of the Application partition _ j The preliminary application for land artitirn or lot Brie ad "ube::',°j?t will be approved, approved with conditions, or denied by the Planning Director based on the applicable criteria. Notice of the decision will be given by the PlannS4ng Director as provided in the Community Development Code. 3. I�'n1 Appraval'F.� +cording FFollowing preliminary approval, the applicant then must submit a co Od py the partition or lot line adjustment map and related information � •�'�, P � � p to the Planning Director, prior to retording the tion or lot p line adjustment with Washington County. Patti F Additional standards and required applications , Sensitive Lands Areas If the proposed partition i:rolves property in a sensitiv e undo rea, including a floodplain,' drainageway, greenway or steep slope area, you will be required to Complete an additional application form and submit it for approval as a part of this application Variances to the Provisions of Community Develo went Code If your proposal dc,as not meet the standards contained in the Code, You will be required to complete a variance application form and submit it for apprivval as a part of this applicattm. PART II PARTITION AND LOT LINE AJ\'USTMENT APPROVAL CRITERIA A. A request to partition land shall meet all of the following criteria: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance- requirements and regulations; 3. Adequate public facilities are available to serve the proposals 4. All proposed lots conform to the `size and dimension requirements of the Code, and `Y. S� All proposed improvements meet applicable City standards. A request uest for a lot line adjustment shall meet � � the following criteria: y` 1. An additional lot is not,created'by the lot line adjustment and the by below the minimum size established the by the approved not zon�.ng reduced that district. By reducing the lot size, the lot or structure(s) on the lot will, not 2. be in violation of the site development or applicable zoning district regulations for that district. :., PART III - PRELIMINARY APPLICATION SUBMISSION REW1REMENTS A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. One application foram. 2. Five copies of the preliminary partition or lot lie adjustment mad Ob and necessary data or narrative. C ' 3. One list of the names and addresses of all who are property owners of record within. 100 feet of the property .'involved. C 4. One copy of the Title Transfer 'Instrument. 5 One Assessor's Map for the property. 6. The required.fea. B. The pret3:m nary partition or lot line adjustment map and necessary data or naa rative shall include the following . The name and address of the following: a. The owner(s) of the subject parcel; and h. The owners) authorized :agent . The map scale, north arrow and date. • Safficlent description to define thz location and boundaries of the proposed area co be partitioned or adjusted. . The scale shall be 20, 50, 100 or 200 feet to the inch. 5. The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition or adjustment. 6. Other important: features, to include: z. The location of all permanent buildings on and within 25 feet of all property lines; b. The location and width of all water courses; c. Any trees having a 6" caliper or greater at 4 feet above ground level; d. All slopes greater than 25%; and e. The location of existing utilities and utility easements. 7 In the case of a major l; aid partition which creates a public street, applicant shall include tno proposed right -'o,' -way location and width, and a scaled cross- section of the proposer street (to include any reserve strip). • Any deed restrictions that apply to the existing lot. ▪ Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition will not preclude the efficient division of land in the future. (KSLpm /0519') LEGIBILITY ST 28103AB- 00300 GLAUBRE, JOHN A & MARY M CO—TRS 11405 SW 92ND AVE PORTLAND 2SX03AB•- 00403 BRUNEAU, CLAUDIA G 11285 SW WALNUT ST TIGARD OR 97223 • a 'n OR 97223 2S103AB -00406 ..................... SMITH, GARY C & ANNE H PO BOX 23761 TIGARD OR 497223 2S103AB -00600 SWEENEY, WALLACE G EVA L 11455 SW WALNUT TIGARD OR 97223 2S103AB -00800 •..• .... ..... .• GILLINGHAM, PATRICIA C 11345 SW WALNUT ST TIGARD OR 97223 2S1O3SA -00118 • •, .....•...••• • DANIELS, DOUGLAS R FAT 1 BOX 1920 RUMFORD S103BA -- 00120 FURRER, PATRICK J CASW1LL, JEANNE M 12270 SW 116TH TIGARD ME 04276 *tit. t. Ott 97223 2S103BA-- 00122 ............ee..e HANNEMAN, KARL P JANET S 12160 SW 116TH AVE TIGARD OR 97223 2S103BA- 00124 a ...... . ... .... GATES, TH RSTON A ADAIR 12080 SW 116TH TIGARD OR 972:33 2S1033A -00126 ..e.a..e ... 0000liooi WILSON, EUGENE; A JOSEPHINE R 12000 SW 11TH AVE TIGARD OR 97223 2S103AB -0040 ••s••n•.b•••••.••.s• XYERg, THOMAS L DIANE E 11325 SW WALNUT TIGARD OR 97223 2S103AB -- 00404 •.•.- ••o..••e.•••.se•. ALTW:NN, KENNETH SHIRLIE L 11305H SW WALNUT TIGARD OR 97223 2S103A5-00407 .•....•.......•...•.• MYERS, THOMAS L AND DIANE E 11325 SW WALNUT ST TIGARD, On 97223 25103A3 -00700 ..... s•a.ene.•oee.•eb THOMPSON, WAYNE E 12480 SW 112TH TIGARD OR 97223 2S103SA- 00109 ..................... LEE, GREGCCY ALLAN AND RENEE LEYNETTE 11590 SW ANN TIGARD OR 97223, 28103BA -00119 b. .........•... PENWARDEN, RICHARD F. N LEE 12240 SW 116TH AVE TIGARD OR 97223 q 2S103BA -00121 •.....e.e..o•aa....e• FELLOWS, L A AND KATHLEEN A 12200 SW 116TH TIGARD OR 97223 2S103BA -.00123 *mow HEINTZ, EDWARD V AND DONNA B 12120 SW 116TH TIGARD OR 97223 2S103BA -Q0125 ootiegrOos0000000so ..e. BAWER, STEPHEN L AND 'VVONNE 12040 . SW 116TH TIGARD OR 97223 2310380 -00127 FOURNIER, DONALD P 12005 SW 116TEI ST TIGARD o e o e. b• b O. 6 Olt 97223 , 2S1033A-.00128 . o .. e .041111o.c WAGNER, GARRY J AND NANCY J 12045 SW 116TH TIGARD OR 97223 2d103BA -00130 ..e.•e.... WOOLARD, JACK D BARBARA J 11675 SW LYNN TIGARD 2S103BA -001 .,.....•...o...•ouo. DUTTON., DELOS M MARLENE 170S6 SW 116TH AVE TIGARD OR 97223 2S103BA -00132 •ooe ......•e•oo ... MORRISON, TERRY A SANDRA 12195 SW 116TH TIGARD OR 97223 OR 97223 2S103BA -00200 .••..•••..••••.•••••• JENOVICH, ,M GLYNN MAXINE 11525 ' SW WALNUT AVENUE TIGARD . OR 97223 2S103B% ®00300 ................a.... BOLTE, KEITH A AND CONNIE B 11565 SW WALNUT TIGARD 25103BA00201 .1 e .... SCROGGIN 1 MARY LYNN 11545 SW WALNUT TIGARD OR 97223 1S134CD.-01201 a.•.e.. .. .. .o. so. . OTT, DALE M CAROLEE C 11 n0 SW 116TH TIGARD OR 97223 OR 97223 1S134DC -03601 . ...e.s. .. OTT, DALE M CAROLEE C 11900 SW 116TH ST TIGARD OR 97223 2S103AC-- 00100' 7 r�1° � e RUDNICK, I� HLLEN P 11320 SW WALNUT TIGARD 1S134DC -03602 ...............o.•. TIBBETTS, CECIL W RT 4 BOX 404 SHERWOOD OR 97140 OR 97223 2S103AC -00201 .. •....•........ BRRWER, DONALD L JOY P 11340 SW WALNUT TIGARD OR 97223 2S103AC -00400 . •..• .•. GERLACH, LOIS K GERLACH, NORMAN W AND ETHEL E PT 3 BOX 294B SHERWOOD OR 9.140 2S103BD •00100 .e...•••..eo...eo MARTIN, JUDITH M TRUSTEE EMMETT HUNT 'TRUST 10275 SW HAZELHROOK SHERW4OD OR 97140 2S103AC- 00200 . .0. READ, CHARLES R AND LINDA KAZE 11300, SW WALNUT TIED 2S103C;`00300 .•v: .•..o....o... LARIMAR, COLLEEN 12745 SW WILLS rLAcE TIGARD OR 97223 e.. 2S103AC -00500 •e.o••e.eUi.•o........ MCMICHAEL, FRANCES 11345 SW FANNER TIGARD OR 97223 co w In� April 5', 1990 BEQUEST FOR COMMENTS PROM: Tied Planning Division RE: MLP9O -0004 HVARN TROZ3 MINOR LAND PARTITION MLP 90 -0004 VARIANT VAR 90 -0010 ^VEW AND DIANNE KVARMSTROM NPO #7 A request to divide 3.44 acres into 3 parcels containing two parcels of approximately 47,850 square feet each and one parcel of approximately 1 24 acres. SOIL: R -4.5 (Residential,, 4.5 units/acre) LOCATION: 11405 SW Walnut. (WCTM 281 3AB, tax lot 500) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from ether information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the rear future. If you wish to comment on this application, we need your comments 04/16/90. 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 contmen `.s in writing as soon as . you have any questions regarding this mater, contact the Tigard Planning Department, PO Box 23397, 13125 Mil Hall Blvd.,, Tigard, OR 97223. PHONE: 639-4171. STAFF Corr Q PLEASE CHECK THE FOLLOW/NO THAT APPLY: We have reviewed the proposal pro and have no objections to it �►, P � Please contact Please refer to the enclosed letter. Comments: cc our office. Name of person commenting: Telephone number: IlIlN ICATION LIST FOR ALL APPL]:CAn NO. (2 copies) NPO NO ( p ) CI ^/3 DEPARTMENTS Building inspector /dead R. ity Recorder Engineering /Gary A. SPECIALADISTRIC.TS Fire District pick -up box bldg.) Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 AFFECTED JURISDICT%0NS' Wash. Co. Land Use & Transp. 150 N. First Ave., Hillsboro, OR 97124 Brent Curtis Kevin Martin Joann Rice Scott King Fred Eberle Mike Borreson Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR State Highway Lee Gunderson P0 Box 565 Beaverton, OR Peel o SPECIAL .AGENCIES V General Telephone Hike. Lutz CPO NO. Parks & Recreation- Board Police Other School Dist. No 48 (Boavr) Troy Pahl I9, Box 200 /1 averton, OR 97075 fj School District 23J (Tig) 13137 SW Pac' ' fic Hwy. Tigard, OR 97223' Boundary Commission 320 SW Stark Room 530 Millsboro, OR 97124 METRO 2000 SW 1st Ave. Portland, OR 97201 -5398 DLCD (CPA's only) 1175 Court St. NE Salem, OR 97310 -0590 Other Division' 97075 Portland Genea.al Electric Brian Moore 14655 SW Old Scholia terry Beaverton, OR 97007 ............. • .... 12460 SW Main St . averton OR 97007 NW Natural L Gas Ronald D. Polvi, PE, 220 NW S+bcond Ave. Portland, OR 97209 Metro Area Communications Harlan Cook Twin Oaks Technology Center 1815 NW 169th Place S -6020 Beaverton, OR 97006 -4886 US Went Pete Nelson 421 SW Oak St. Portland, OR 97204 TCI Cabievision of Oregon, 3500 SW Bond Portland, OR 97201 Inc., Mike;Ha11ock STATE AGENCIES 6. Aaronautics Div. (ODe7T) DOCAMa Engineer Division, of State Lpndo Board of Health Commerce Dept. -IM. B a Park Fish Sa Wildlife Paarke & !lemma. Div. LCDC Subdivision Supervisor PUC Dept. of Energy Fire Marshall Dept. of Environ. Quality Other --- FEDERAL AGENCIES Corps. of _Engineers ._._.. Other Post Office Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, Rm. 324, Union Station Portland, OR 97209 • NOT.iST CITY or TIG RD NAME DIANNE 1 YAK NSTROM ADORE' : 11405 SW WALNUT T I GARD w OR 9 223 LAND `USE Ar°PLtCATIONS ML1 9O O4 I ECF -IPT OF PAYMENT REC NO 0010E3147 CHECK AMOUNT % 256.00 CASH AMOUNT 00 PAYMENT DATE 05 , -q0 eLoc WO/ADDR% 1.a.P /VARIANCE, AMOUNT PAID PURPO$ OF PAYMENT 25 , 00 LAND USE APPLICATIONS k: . 0 VARg0 -1 Cl I t L AMOUN ' PAID 2S1O3S� MART .WOOD June 28, 195/0 Washington County St rv4yor' ® nff _ce Land Use and Transportation Dept. 155 N. lot Avenue Hillsboro, Oregon 97124 Dear Mr. Bauer: This is to acknowledge that the City :,kaa reviewed the attached partition drawing and has found It to be in compliance with the City d conditions of approval thee+ •fcr The City her ®� y authorizes recording of said partition du$wing. dj /1- wcao„MST 131 5 SV -dll Blvd., RJ Box 23357, Ti gdrd, Oregon 972 3 0rtc+:tti °,, it r cGa►»bet, CONSENT COVENANT (NO'REMONSTRANCF AGREEMENT) Street improvements The undersigned owners (including purchasers) of the real property described below do hereby r cord their consent to the formation of a local improvement district by the. City of Tigard r�bed` the roperty sabuts.im The unde eignedpublic expressly or streets upon which the desc p oppose or remonstrate against the waive all present ape, future rights to opp formation of a local improvement district right or theo improvement contest tr�E;f the abutting street or streets, reserving, only the particular coat items in the impt vement district procep a...l and .: "" y. right they may have under the laws of the State of Oregon to tao.nt4st the proposed assessment formula. The real property that is the cubject of this consent covenant is described as follows: SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF, the grantors) has (have) hereunto set his (her) (her) (their) hands) and seal(s) this .2 � ? day c± . - , 19 1 0 n ) / (SEAL) / (SEAL) (� 1.V . � ��/1/Jq�! �� STATE OF ORI CON ) ) ts. County of Wauhingtas ) BE IT REMEMBERED,, that on this . 1 day of :T ..._., 19.9 v , before me, the undersigned Noraty Public in and for the Stat *+ of Oregon, personally appeared - G'P� ----- the within =named who is (are) to me ) to be the identical individual(s) described in and who execs *ted the within instrument and acknowledged to me that he (she) (they) executed e.he same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto of ..�.,.�- -�-''" 19, q°,* set my hand and seal this __„ day Notary Publi fo • (NOTARIAL SEAL) My Commission Exp Approved xs to legal description this 1 day of AAA By Title: Approved this :IS of �J GRANTOR'S NAMa/ADDRESS LX) Akk 1 °411.2.3 DEPARTMENT Byt Title: lefee Paa cei 0 1,, # 2, and t, 3 of Partition Plat No. X99 3 situated in the of Section 3, T.2Sp R.1We, W.N. City of Tigard, W Co. F'AFTITION PLAT t� ...�..�.._- SITUATED IN ',WE N.E. 1/4 SECTION 3, f U.. RAW. W.M. CITY OF 1:0:410. WASHINGTON Nt C 1' R.' OREWI JUNE 1,1990 14 T.1S.. 1L1Wt. M.N FD. , N 8970'49' W E.004. 36 FD.SAYIR t I .. 15 I x 4 srA s+e14 •'N. rs T I paresa. ' fit, Tao eASS S 4 6 47.e1• as PL , a ii If 078 6. 0.24' 21 STA. 4+7.4. 17 M... ( rT 10 A�6iS2 4'F' a13`' ( 47.115 9Q PT.,� W 2 1 E 5 r1 p.1J/T'ai. T STA. 312.731 1� °" 1 14. D. : 6.121 8 5 I' .zeo ACIe:'a� Pa,y ; r 2 A a A0�5- 1111P�.r MOON tl __ gym. ;KATeMITTGC — PONT Of FY. l r L !sr sTA. x $ �: C..O W 7L , • g 82- 1 eat, sss ; ` g I PS. 444 8 1 z y, 4.515. 1� , #, c, 1 firm sSTTA. ONSLOr a. (ON th '`su FD. 17/3' ANN — 12' CTid' STA. 2t +SA73 VAST 11T. , COD FUR ONTINU 1E OF IWAI sra etyma, N. KAVIPE IA L- M ENGINEERS LAND SURVEYORS 3681 S.W. CARMAN DRIVE LAKE OSWEGO, OREGON 97035 (503) 635 -0291 TRANSMITTAL WASHINGTON COUNTY SURVEYOR Administative Building 350 -17 155 North First AVenue Hillsboro, OR 97124 PROJECT NO. 90 -057 ..._. REGULAR M AI L FEDERAL EXPRESS - UPS PROJECT TITLE _. BUS I DELIVERED PICKED. UP — OTHER * PLEASE (ALL (503) 635 -6291, IF YOU DID NOT RECEIVE ALL PAGES OR COULD NOT READ ANY OF THE PAGES. TES June 29, 1990 S.W. WALNUT MINOR PARTITION PAX'# #PACES SENT. REMARKS* survey is submitted for recording. cc: Mr. Sven Kvarnstror (w/enc. Titotoz ►. PE i 5S ES,i1 Carl R. Clinton, P,L:S REV. 1�0. DAIi E ie GUAM. DWG. ND. DESCRIPTION 1 _ PARTITION PLAT NO SITUATED IN THE N.E. 1/4 SECTION 3 T 9 ' 3 Rt. 1 W. W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON (7 MIL ORIGINAL) -- 6/1/90 1 :... PARTITION PLAT NO SITUATED IN THE N.E 1/4 SECTION 3, T. 2 S., R. 1 W., W „M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON ft4 MIL ORIGINAL)_.. 6/1/90 S -- BLUELUNE PRINTS OF ABOVE RECORD OF SURVEY OF MINOR PARTITION 6!1/90 -- 4/12/90 1 -- PRELIRti1INARY TITLE REPORT FROM TRAWSAMERICA TITLE INSURANCE (6 PAGES) -- , TIGARD APPROVAL LETTER CITY 0 � �..- -- `r 6/28/90 6/4/90 6 a / ' 90 1 r* -- CHECK NO 1085 IN THE AMOUNT OF $140.00 TO WASHINGTON COUNTY SURVEYOR 1 -- � . _. 08 IN _ ...:.., O 00 TO �� � AMOUNT OF �43 a CHECK N0 1086 IN THE AMOU WASHINGTON COUNTY , RECORDER - -° 1 -- CERTI► ICATE OF ARCHIVAL PERMP "INCY FROM FORD GRAPHICS ice; .. . .. y' ;::.. . REMARKS* survey is submitted for recording. cc: Mr. Sven Kvarnstror (w/enc. Titotoz ►. PE i 5S ES,i1 Carl R. Clinton, P,L:S **** *** * * *** * **** * * * * * * * ** * *** * *** F A X T R A N M I T T A L M E M O TO: R lc. < v IA DEPT: .FAX #: Z` 7 - -70 54 FROM a :, PHONE: (___s'-_ 9- -� LL7 Co: .1-11 r:AX #: &a4 - 7 Va 1 Poet- It'Mbra ak trans " al memo 7671 FaAS * Vz1 -p't, ..� KAVPE KAVPEASSOCIATPS° _ CIVIL ENGINEERS v s. LAND SURVEYORS LAKE C7$1 EG. ORAEt MOAN N 9D0V (50 3) 635,6291 KAIVIPE ASSOCIATES CIVIL ENGINEERS ,a LAND SURVEYORS 3651 S.W. CARMAN DRI " LA* OSWEGO, OREGON 970351 (503) 635 -6291 TRANSMITTAL DATE June 5 1990 CITY OF TIGARD 13125 S.W. Hall Boulevard Tigard, OR 97223 PROJECT NO._ PROJECT TITLE S.W. WALNUT MINOR PARTITION q -OC __ BUS _.. DELIVERED PICKED UP IF YOU DID NOT RECEIVE ALL PACES OR COULD NOT READ ANY OF THE PAGES. DESCRIPTION REV. NO. DATE RECORD OF SURVEY OF MINOR PARTITION SITUATE IN THE N.E. 1/4 SECTION 3, T. 2 S., R, 1 W. --g7KTUITY OF TIGARD, WASHINGTON COUN`T`Y, OREG, N STREET DEDICATION - SIGNED FOR CITY ACCEPTANC (ORIGINAL) 6/1/0 REMARKS: The above are submitted for pl annirlg review. The City-accepted right-of-Way dedication should be sent to the Washington County Surveyor `s office for recording simultaneous with the plat: CRCak BY' PE SSOCIATES, Carl R. Clinton, P.L.S UUN- 15.1998 00: 51 FROM PACIFIC METAL CO . --PTLD TO 96847297 P.03 STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that SVEN K. KVARNSTROM AND 13. DIANNE KVARNS TROM do hereby dedicate to the Public a perpetual right -of -way for street, road, and utility purposes on, over, across, under, along, and within the following described real property in Washington County, Oregon: Tract "A" of Partition Flat No situated-in the N.E. 1/4 of Section 3, T. 2 S., R. 1 W., W.M., City of Tigard, 4h).5. C.o. O.eovvs • To have and to hold the above-described and dedicated rihtts unto the Public forever for uses and purposes hereinabove stated. 1 The grantor(s) hereby covenants that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their rights above described, awl they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is NONE - CONDITION OF APPROVAL OF MINOR PARTITION, CITY OF TIGARD, CASE FILE MLP 90 -0004. IN WITNESS WHEREOF, the undersigned grantor s) -he's- (have) hereunto set hio 4 e - (their) ha ..(s) and seal(s) this - ,,,, day of , i9 f / (SEAL) (SEAL) i 144:. `. t (SEAL) (SEAL) Personally appeared the above, named SVENK. KVARNSTROM AND P.DIANNE KVARNSTROM who execute this instrument and each freely. ohem acknowleldged to me that this instrument was executed voluntarily an d .v' , /t Notary Public for Oreg•n . ' S my Commission Expires; le, /:5--/P49 W��4N�O��R��AL ;sE�L> --- %,ppVa edn �,A�,legal description this .r. day of , 19 TESTIMONY WHEREOF, I have hereunto set my hand and 19 �9Il . seal this Id w Title: Approved this day of 19 GRANTOR'S NAME /ADDRESS t DEPARTMENT OF COMMUNITY DEVELOPMENT a�. By Title: A A �e r 11. ial PLAT NO. SITUATED IN THE N.E. 1/4 SEC ONi 3, T.214,, RAW., W.M. CITY OF TIGARD, WASHINGTON COUNTY; OREGON JUNE i, 1+90 SCALES t' �' 100' N ®9'20'49' �Y ,,ittD FENCE ENCROACHES 37 xtAr �a a9 PAM 3 i+ 1.10 WIZ �3 ame 1 ETA: 5+ca a—, � 0 sera "ar' E. 0.24 81A OM W. a 1.19 ACRES 470,e so. Fto e OLD FENCE ar B " t 1 2LONO 0.1..C. UV) E. t4 751'1 Ur I. 1 F -. 94s70 sQ. FT. In Al AOlES'd- �?�b G In KNOTT OF c� n 'PARCELA,1.2 AHD 3„ ®••• 1,...." r P 220, it MC 299 Pa. 444 N !6'2,5'40° E FD. tl%o`rot w/WAZH. Ca CAP vE AT � �� Tn:AUNE' ANGLE Pt ST. or Qv )ATaON 1e +sO.17 ® ETA. A1107.44 21.E9' at �' A 4 i747Y110 St.60' Rt ®. tib{ ou, 21.47' Rt • tl gel E. aai kA-0 sac" i C• ir, t,\ \Del e-v■e, \n, r e. U., r . t tek CITY, OF TIGARi3 NOTICE OF DECISIC�- .-�.,� MINOR LAND PAR ITI MLP 90 -0004 VARIANCE VAR 90 -0010 Sven & Diane Kvarnstrom APPLICATION: A request by Sven & Diane Kvarnstrom for minor land partition RP residential approval to divide a 3.4s'� acre tract on SW Walnut Street into three're� parcels. Two parcels will contain approximately 1.1 acres each and one parcel will contain approximately 1.24 acres. Also requested is a variance to allow the existing gravel drive to be extended to serve all three parcels in lieu of a paved drive. ZONE: R -4.5 (Residential 4.5 units per acre). LOCATION: 11405 SW Walnut Street (WCTM 251 3A8; tax lot 500). DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above described minor land partition request. The Director's designee has DENIED the requested variance to retain the gravel drive in lieu of a paved drive. The findings and conolusions on which the dec'iaon is based are noted below: FINDING OF FACT . Background Minor land partition MLP 2 -86 was approved with conditions on May ;. 1986. Due to abutting residents concerns about the loss of trees, and after a field visit, and discussion with the applicant, the decision was amended to conform with the Tigard tree removal ordinance. This amended decision was appealed to the City of Tigard Planning Commission for further review. The .Commission upheld the Plannin5 Pirector's decision of May 16, 1986 with additional amended conditions. This final order (PC 86-22) was passed on .)uly 28, 1986. No other applications have been reviewed by the Planning Department for this property. There was no development action taken by the applicant and approval of final order (PC 86 -22) has since expired. This current application is in effect the same proposal which was originally submitted as MLP2 -86 Vicinity Information ia. Properties immediately to the east, south, and west are in Washington County. Properties to the north and northwest are in Tigard and are zoned R -4.5 (Residential, 4.5 units per acre), One property to the east with frontage on Walnut is in Tigard an l is alto Zoned R -4.5 3, Site Information and Proposal Description A 1720 square foot residence is located on the southeast corner of the property. A 275 square foot temporary barn is 'located on the western. edge of the property. The property has 38 feet of frontage on Walnut Street. NOTICE OP PE(ISION CVARNSTROM (MLP 90- 0004/VAA 90.0010) PAGE 1 The applicant ro saes to establish three lots appro'imately 1.24, 1.1, and p po hre 1.1 acres in size. An approximately 854 foot acceaaway will wind tram Walnut Street along the entrance driveway and around the first lot and then continue north along the wewstern boundary of the property. The access drive will be sharad by all three lots. 4. Agency and N1'O Comments The Tigard Water Diastti.ct has the follcawin comments; would ne hydrant and a six inch water line wou�'�d to be built to provide A fire 500 feat fire protection within 500 of than home on the proposed lot number three. Alsry, the necessary easement must be piovided to maintain `he water line. The Tualatin Rural Fire District has the following comments: Land locked plots of latid should not be created. Access and hydrant provided per prior construction protection shall be r�,�vided as eea will be�rre Code raft the eendt of tth of buildings. A tu.,.n around area required g hammer -head arrangement with ciach end being approximately 45 feet long and 20 feet wide is acceptable. The Engineering ,Division t la the following comments: a. Sou.thweSt Walnut Street is paved but not improved with curb or sidewalk. Subsection 18.164_t)30 A of the Code permit5 the Director to accept a future improvement, guarantee in lieu of Street improvements on property zoned p p y residential if the proposed land partition does not create any new streets. Since the area surrounding the site is necu iy fully developed with streets without curbs and sidewalks a future improvement guarantee in lieu of street improvements is acceptable. b. Sanitary sewer service is available from an existing sewer along the northern 420 feet of the western property line. Each house must connect separately to the line. c. Storm drainage may be provided by an existing culvert along SW Walnut Street or by on site disposal._ d. Approve) of the requested variance , would permit a cr;, v.•;,. where 108.070 of requires with curbs, Section 18 ¢ driveway wi d paved width of C2. feet requiL .e meeting �' 'e standards width r t sidewalk, and p set out in Section 18.134.050 of the Code. The reques�,ance.riants d variants app -ears to be without justification, consequently, the variance denied. 5. FINDT,WG0 AND CONCLUSIONS NOTICE OF DECISION RVARNSTROM (ALP 90-0004/VAR 90. -0010) PAGE 2 :e r. The proposed partitioning ie consist with the minimum lot size of the R -4.'5 zone (7,500 square feet) as well as other requirements of the Community Development Codes The division will be consistent with the character of the ®:orrounding area The northern two lots and to a lesser extent the southern most lot are all covered with a good deal of invasive vegetation, secondary trees, firs, and evergreens. The City's tree removal ordinance has as its purpose the prohibition of the unnecessary removal of trees on undeveloped lots. Most of the lay -sleet trees are situated along the western edge of the three lotkt where tie proposed access and driveway will he Therefore, tree removal "permits shall be obtained as per Section 18.150.020 of the Community Development Code which states that no ,persons shall cut a tree(s) upon private or public property without first obtaining a permit from the City. Tree removal permits are required for all trees having a trunk 6 inches or more in diameter,, 4 feet above ground level. Through the tree removal permit process the applicant will achieve a winding driveway, which spares as many tree; as possible, and leaves intact a tree 'buffer for the western neighboring properties to enjoy. The requested variance is proposed on the basis that the existing gravel drive to this property has been used since before 1961. It has' an excellent base, it has been maintained regularly "throughout this period, it is currently in.use, and would provide access to the back two parcel's. T'i r Z'indings and conclusions are consistent with those of final order (PC 86 --22) The relevant: criteria in this case are Tigard Comprehensive Plan policies 2.1,1 and 7.1.2 and Community Development Code Chapters 18.50,' 18.108.070, 18 „150, and 18.162., Staff has determined that the proposal as submitted, or with minor modifications, is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: Policy property a. owners were given notice eof, the hexing and an opportunity to comment on the applicant's proposal, b.: Policy 7.1.2 is satisfied because adequate water, sewer, and storm drainage facili ties are available to the development. The applicant also indicates. that these facilities will be provided within the partition as required by City standards. Staff has also deberininec that the proposal as submitted, or with minor modifications, is consistent with the relevant portions of the Community Development Cod based upon the following findings: a.- Chapter 18.50 is satisfied because the application meets all the requirements of the R -4,5 zone, r se minimum access and. b Chapter 1$..108. uy0 t��.11 be satisfied knecau pavement width shall be get. NOTICE OP DECISION - .IWARNSTROM (MLP 90 -0004/ VAR 90-0010) PAGE 3 w�N c. Chapter 18.1.5u will be satisfied because the majority of the trees on . the site will be preserved and the proposed driveway will be aligned in a manner to further minimize the need for tree removal. d. Chapter 18.162 is satisfied because the proposed partition meets the criteria for partitioning property. Screening shall be provided as required by Section 184162 .050 (f) where tk a proposed driveway is within 10 feet of the western property line. Screening may also be required to maintain privacy for abutting lots. Vegetation and fencing are examples of materials which may be used to meat the screening requirement. C. DECISION Based upon the above findings and conclusions, the Planning Director's Designee APPROVES, subject to certain conditions, Minor Land Partition MLP 90- 0004. The requested Variance VAR 90-0010 to allow the retention of the present graveled drive is DENIED in light of the previous ruling of the Planning Commission requiring that the 'drive be paved. 1. A partition survey plat and a outbound de�3cription shall be submitted g D The plat shall clearly to the Engineering Division before rero�din�y show a) the access easement as wall an ownership and maintenance responsibilities, b) the private U3anitary eawements, and c) any public utility or sewer easements. STAFF CONTACT John Hagman, Engineering Division (639 - 4111). 2. An agreement shall be executed by the e,pplicant, on terms provided by the City, which waves the property owners right to oppose or remonstrate against a future local improvement district formed t(. SW improve wa.nut Street. STAFF CONTACT: John Hagman, Engineering Division (639 -4171) 3. Building permits will not be issued until the Engineering Division has issued a street opening permit for work within the SW Walnut Street right-of-way. STAFF CO1tTACT: John Hagman, Engineering Division ( 639- ,4171). 4- Prior to occupancy of a"" residences on lot two and three the driveway shall be paved- The e re��gxred pavement width from WO Walnut 5treet�toithe r a required 30 foot wade /00ess way leading residence on lot on p'Yoe there the accessw_1r shall be 35 feat wide and shall wind along the western boundary of the property. This 35 foot wide acceseway shall serve residences of lots 2 and 3. withi this acceseway, the required pavement width shall be 20 feet up to the residence on lot two and ten feet wide from that point to the residence on log, three. The 35 foot wide accessway on the western boundary is to allow flexibility in the driveway placemr..tnt to minimize the need for tree removal. STATF CONTACT: Brad Roast, Building Division (639 - 4171)' 4 i'` 0 -‘ ctsnit' 1- '�4 .e: .4►M 5 A joint use maintenance agreement veway shall be reemen�, for the common d NOTICE OF D . .. .. . IECiSION KVARNSTROM (MLP 90-- 0004/'VAl3 90 -0010) PAGE 4 recorded with the partitioning map and a copy of the recorded document(s) shall be submitted to the Planning Department: STAFF CONTACT: John Hagman, Engineering Division (639 -- 4171) 6. Additional right -of -way shall be dedicated to the public along the SW frontage feet from Walnuit Street i,ronta a to - increase the to 3D the centerline. The description shall latt4 tied to the existing right- of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Division. STAFF COD ~TACT John Hagman, Engineering Division (639- 4171) 7. The submittal for a . building permit shall, include an erosion control plan conforming to "Erosion Control Plans - Technical Guidance Handbook, November 1989 ". STAFF CONTACT: Brad Roast, Building Division (639- 4171). 8. A drawing of the locations of the existing utilities for the house mast be provided prior to recording the partition. STAFF CONTACT: Brad Roast, Building Division (639- 41.71). S. Sanitary Sewer Connection plan profile details from each lot shall be provided as part of the buildinq improN tent plans. The existing building shall be connected to the public sanitary sewerage system. STAFF CONTACT: Drcd Boast, Building Division (6.9- 4171). 10. The driveway ronall be screened in conformance with Section 18.162.050 of the Comminit Development STAFF CONTACT: Ron Pomeroy, y elo n�ent Code. Planning Department (639.4171) 11. Valid tree removal permits Trust be obtained as per Chapter 18.150 of the Community Development Co.*e prior to the development pertaining to all three lots. STAFF CONTACT: on Pomeroy, Planning ` Department (639 -4171) TFIS APPROVAL IS VALID IF EXECUTED WITHIN 18 MONTHS OF THE FINAL DECISION. DATE NOTED BELOW. D PROCEDURE Notice: Notice was posted at City Hall and mailed to: Y_ The appli not and owners X Owners of record within the required distance X, The affected Neighborhood Planning Organization X Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 5/8/90 AN APPEAL IS FILED: UNLESS 3. Appeal Any p=arty to the decision niay appeal this decis ori> tt, NOTICE OF DECISION - KVARN5TR0'tdi ( MLr 90-0004/VAR . 90-0010) FACE 5 accordance with Section 13.32.290(A) and Section ,18.32.370 of the Community Development Code which providt. s that a written appeal must be filed with the City Recorder within 10 days after notice is given and aen4'. Appeal fee 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 p.m. 5, 8' o 4. 111e2t:i.oni,s : If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. PREPARED BY Ron Pomeroy, Plan -'ng Aide DATE APPROVED BY: Keith Liden, Senior Planner DATE dj /RP:mlp90 -04.RP NOTICE of DECISION u- RVVARNSTRO.: (MLP 90- 0004 /VAR 90-0010) PAGE 6 P d- ge.:J 11 • CITY OF TIGARD PLANNIUG COMMISSION FINAL ORDER NO 86 ,PC A FINAL ORDER INCLUDING FINDINGS AND CONCi USICMS WHICH APPROVES AN APPLICATION FOR A MINOR LAND PARTITION (MLP 2-86) REQUE8TE[)8Y SVEN KVARNSTORM The Tigard Planning Commission reviewed the above application at a public �. July based its decision on the facts, hearing on �'u1 �, ' 1986. The Commission findings and conclusions noted below: A. FACTS i . General Information CASE: Minor Land Partition (MLP 2-86) REQUEST: To divide a 3.44 acre parcel into three and 1.44 acres COMPREHENSIVE OLAN DESIGNATION: ZONING DESIGNATMN: parce s Low Density Resi entia1 R-4.5 (Rosidential, 4.5 units /acre) APPLICANT: Sven Kvarnstrom 11405 SW Walnut Tigard, OR 97223 LOCATION: 11405 SW Walnut (WCTM 2S1 3AB, Tax Lot 5O) 2. Background OLP 2-86 was approved with conditions on May 8, 1986. Due to abutting OWNER: Same of 1.0, 1.0, l°414e.47_,.• L' a"taid residents' concerns abut the loss of trees and after a field visit and discussion with the applicant o it seems appropriate address th_ r 3,e their conformance to the Tiy rd Tree Removal ordnance. This amended d decision was appealed to the Commission for further review. 3. Vicinity Information Properties immediately to the east, south and west are in Wa hin9Con County Properties to i' +, .� north and northwest , ro in Tigard and are zoned R -4:5 (Residential, 4,5 units /acre). One property to the east with frontage on Walnut is in Tigard and is aiso zoned R -4.5: 4. Site Information A 1720 square foot residence is located on the southeast corner of the Property. uare foot . temporary barn is located on the western e of thel property. t8 f et of frontage on WalnLt sag .. _..., �, applicant The to establish ,' 44 1.00 largest of the three farthest from the Streets The pp proposes ;l :00 acres in ize with the larg wind from Walnut street. m� 854 �afoot d around the first then 25 st lot and Street alone the entrance drive; y will ,g ftet servicing the two roar lots. The access drive will be shared by FINAL ORDER 86 -x. PC (MLP 2-86) — PAGE all three lots. The actual pavement width required ? , 24 feet within the 38 foot wide access strip, 20 feet wide up to lot 2, and 10 feet up to lot 3. (See condition 7., page 3.) 5 . 1.122mj.tqe .NPO Comments The Tualatin Rural Fire District has the following comments: A turnarousr x area will be required at thll end of the driveway. A "hammerhead" arrangement wi '4h each ens' being appre imately 45 feet long 20 feet wide at each end is acceptable. The Engineering Division has the following comments: A r" A public sanitary sewer line and easement are present along he northern 420 feet of the western property lirnr A public easement should be provided so;Ath of the southern manhole in order to provide access to the sewer system for the southern lot (Lot 1) . b. It should be ' confirmed that the grainfield se;^ving the p-.operty to the south (Tax Lot 600) does not enc oach upon the subject property. c. Walnut Street is deeignat : i as a major collector rout. 2 that requires a 30 foot right- of-way width from centerline. d. A non - remonstrance a reement should be signed regarding any future local improvement district for street and storm sewer work that may be needed along Walnut Street. 3. FINDINGS AND CONCLUSION The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1 and 7.1.2 and Community Development Code Chaptere 1050, 18.150, and' 19.162 . The Planning Commission has determined that the proposal as submitted, n consistent with the relevant portions of or with minor mod a.f,i�cottit�.�„ , is i the Comprehensive Plan based upon the findings noted below: a. Policy 2.1.1 is satisfied because the NPO and surroundin9 property P p ca) owners were given notice of the hearing and an opportunity' to comment on the applicant's proposal. b. Policy 11.1.2 is satisfied because adequate water, sewer, and storm drainage fa-di Thies are available to the development. The applicant also ind. Yates that these faci].itik7 will be provav'd within the partition o4 required by City standards. submitted or The planning Commission has determined that the proposal as subm with minor modification, fie consistent with the relevant portions of the Community Development Code, based upon the following findings Chapter 18.50 is satist ed because the application meets all the requirements of th R -4.5 ,one Chapter 18.150 will be satisfied because the majority of the tree on the site will be preserved and the proposed driveway will be aligned in a manner to further minimize the need fair tree removal. c. Chapter 18.162 is satisfied because the proposed partition meets the criteria for partitioning property. Screening shall be provided as required by Section 10.162.050(f) where the proposed driveway is within 10 feet of the western property line. C. DECISION Based upon the above findings, and conclusions,, the P1�nni,ng Commission upholds the Planning Director's decision of May 161 1986 with the upholds \ 'ollowing amended conditions UNLESS OTHERWIfE NOTED, ALL CONDITIONS SHALL Ey'ilET PRIOR 10 RECORDING THE PARTITION W: TH WASHINGTON COUNTY alA b submitted to The City shall al unless other 2. The partition survey,and legal description the Planning Director for review and ap record the necessary documents after arrangements are made with the Director' connection tan —prof ih 3, Sanitary sewer c p be provided s part of the buil existing building shall be connecte sewerage system. s for eac mprove,nent the pu of s. s 11 The i tary 4. Construction of proposed public improve until' after the Engineeri improvement plans The S Performance Bond, the i.,nstallationistreetl'ght opening genet or ohs improvement N fan INFORMATION MEGA ents shad Section has gasu ill require of a perm o, the compl ist SED HA ent Al tion CL 11 no commence ~.,yeti public ins of a -10O% e and sign on- of u street approved public NC MORE SPECIFIC IC AGREEMiN 5. Additional right —of s a1 ' be dedi SW Walnut Street fr' stage to increase t from centerline Th = cL scription for tied to the existing fight— of—way cen: Washington County, The iiedication doc and approved by the Engineering Sect : INS`rRUCTroNS ARE : ENCLOSE A Walnut Street: All lots shall utilise � comcn�n dritt���t�ay �ccrss to �a. o, tie Public along the e `get- of --try to 30 feet aid dedication shall be cent as established by t shall be. on City forms DEDICATION FORA S AND A ' t use a and maintenance agreement for the common drive Way record "ed document(s) shell be submitted to the Planning Director. s a with the partition ng map and a copy of the : recorded the shall be M submitted the FINAL ORDER e a PC -- (MLP 2 -06) •w PACE , 3 The driveway shall be screened in conformance with Section 18.162 050 of the Community Development Coda. Prior to occupancy of any residences cn lots 2 and 3, the driveway shall be paved. The required pavemem width is 24 feet within the 38 foot wide access,; strip, 20 feet up to lot 2, and 10 feet up to the ree,o nce in lot 3 The easement width along the west side of the proper -::hall be 35 feet to allow for flexibility in the driveway placement to minimize the need for tree removal. A non — remonstrance agreement shan be signed regarding any future local improvement da.str ,ct for street and storm sewer work that affects the proposed lots LFORMS ENCLOSED . 10. Valid tree removal permits must .be obtained as per Carter 18.150 of the Community Development Code prior to the development pertaining to all three lot 11. This approval is •valid if executed with one year of the final approval date noted below It is further ordered that the applicant be notified of the entry of this order. y July, g.. PASSED: This �a of �'u1 1986 by th�� Planna�n Commission of the City of Tigard. 131,Yell A. Donald Moen, President Tigard Planning Commission KSL :bsfdj71 FYI'JAL. ORDER 86 — ? PC (MLP 2 -86) PAGE 4 o�. f10172?' 187.4 NURSERY ORCHARD LEGIBILITY' STRIP' (C.S.No1203 +°r 700 .6.7 ate. .92 1. ° g6. X96 \ 41)0 b Z r' ,(27X. (A IP .09QC !� T 4• ' 4P4 v 1, .4P .Fa r , o t 3 .24Ac. `� e 0e ■ M y 0 id Ci 1 \ ;:i 12191 1 girt, los, A'' ". *- -5'4e1f)S VI? t i, vim i (+ 4 44 ow WA aCd 54 aal ; SAS t at.dpc+' ley 64A- Alf--12 "`8,�`,�,,► ' 6( i .1 4:-..-' iri-z)--1---- - e74- ,1)1, /9 A e,,e4/ if-a:4h' ,,,,,„i//t,,, isr-iel., frtii:// 62 g ":-/6,-..,„LI (.1;m1 /fr-ezz /7 el--- ,,,,:,--- ,'‘J.-- ,,./.--e.,.- • 3 44,1&. 402 2.6001c. 6 t ''" 4�)0 \C �a' .�1 �� 404. 0 '806 "SE' JDAC - c tk 401 � ..4.4c A *ip hi.6i _fir e i- s .c N, C "art t� K 1 ?�11! r►� Iv W it ,4 +t i A 90 1 «±r V } , L:y :1C ;N -HlLi SD LE HY fi, 900 + .1.. POri ILA Nit+ 0i1EGO1°i 1.; , ` a MD '"la, r -' i ' `jyj I a r . !. r.. %„ ] hi 400 .+ D k it-p4Q ree_ 1"2--ez--012 a.fi coat- .,, Cyr, G4c•1P IVILP 0 cc 4342-42==4,-4-1-—, mac - r MEMORANDUM CITY, OF ; IGARD, OREGON Jerry Offer, Asso. 3,,ate Planner Greg Berry, Utilities Engineer MLP 90 -04 /VAR 90 -10 Kvarnstrom April, 23, 1990 Description: The applicant proposes to divide a 3.44 acre tract on S3 Walnut St into three residentiz,l parcels. P variance is requested to permit a gravel driveway where the CDC requires a paved driveway. This is a resubittal of 1'3LP 2 -86 approved July 28, 1986. The recommendations below are consistent with that dear. -- Findings: 1. The applicant has submitted a site map showing the ,existing house. . Access for the lots is provided by an existing common gravel driveway connecting to S.W. Walnut Street, a major collector street with an existing right -of -Tway width of 20 feet from centerline. 3. S.W. Walnut Street`, is paved but is not improved with curbs or sidevalk Subsection 18.1E4.030 A of the Code permits the Director to accept a futv.::•e improvement guarantee in lieu of street improvements don property zones: residential if the proposed land partition does not create any new streets. Since the area surroundincx the site is nearly fully developed with streets without curbs and sidewalks, a future improvement guarantee in lieu of street improvements is acceptable. . Sanitary sewer service is available from an e.:!isting sewer along the northern 420 feet of the western property line. Each house must connect separately to the line. 5. Storm drainage may be provided by an existing culvert along S.W. Walnut Street or by on site disposal-: Approval of the requested variance that would permit a c,:ravO driveway ;where Section 18.108.070 of the Code' requires a driveway with curbs, sidewalk, aid paved width of 24 feet, requires meeting the standards set out in Section 18.134.050 of the Code. The requested variance appears to be withc'ut justifiation and applicant has Suggested none.' Consequently, the variance should be denied. 1.1NGINEERING COMMENTS Kvvarnrtrom MLP 90 -- 0'. /VVAR 90 -10 PAGE 1' Recommendations: . A partition survey pl t and an outbound description shall be submitted to the Engineering Division before recording, The plat shall clearly show A. The access easement as well as ownership and maintenance responsibilitlexA, B • The private sanitary easements, and C. Any public utility or sewer easements. STAFF CONTACT John Hagia i$,a,. Engineering Division, (639- 4171) 2. An agreement shall be executed by the applicant, on forms provided by the City, w,lich waives the Sara rty owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Walnut Street STAFF CONTACT: ,,John Hagman, Engineering Division (639 -4171) • Building permits will issued a street opening of -way. STAFF CONTACT: • A driveway with curbs, access way with a width permit is issued. STAFF not be issued until the Engineering Division has permit for work within the SW Walnut Street right- Join Hagman, Engineering Division (639- 4171). sidewalks and a paved with of 24 feet within an of 25 feet, shill be installed before an occupancy CONTACT: Barad roast, Building Division (639-4171). 5. Additional right -of -way shall be dedicated to the Public along the S.W. Walnut g right-of-way to thirty fet::t from the reet.fronta a to increase the centerline. The description shall be tied to the existing right -of --way centerline. The ded cation docuMont shall be on City forms. Instructions are available from the En inoerin Divisi�an., STAFF CONTACT: Jon Hagman, g g Engineering Division (639.4171) 6, The submittal for a building permit shall include an erosion control plan conforming to "Erosion Control Plans - Technical Guidance handbook, November 1989." STAFF CONTACT: Brad Roast, Building Division (639 -4171 ) Approved: r Randall R. Wooley, r ��, Engineer br /GB mip04- 90.GNB ENGINEERING COMMENTS Kvarnstrom LP '9O- 04/VAR 90-10 Pik" CYi s OF TIGARD, OREGON m Jerry Offer, Aaaociate Planner April 16, 1990 Fps Greg Berry, Utilities Engineer itl;s IMP 90-04 /VAR 90-10 . Cvarnatros Deecriptiona The applicant proposes to divide a 3.44 acre tract on SW Walnut St. into three residential parcels. A variance is requested to permit a gravel driveway where the CDC requires a paved driveway. F ndt 2. The applicant has submitted a site map showing the existing house and proposed driveway. 2. Access for the lots ie provided ?oy a°a comuaon r ri •e way rc,nnect 4.rg to S.W. Walnut Street, a major collector street with saa existing right-of-way width of 20 feet from centerline. The driveway width shown on the site plan of 30 feet meets the requirements of Section 18.105.070 of the Tigard Municipal Code WaLnut Street is paved but is not improved with curbs or sidewalk, Subsection 15.164.030 A sf the Code permits the Director to accept a future improvement guarantee in lieu - of street - improvements on property zoned residential p p p `,on does not create any Cow streets. Since the a area surrounding the site is nearly fully developed with streets street improvements c.� ? guarantee in lieu of without curbs and eidewalka, a future im rove p s is acceptable. 4. Sanitary sewer servide a i ®.,. nom _• a; ;f � �s�ziatin s ®w'er ' '`'a�'"r g' northern .: 420 fleet of r the western property 1insa,.„ N°!Each , .:house 'must 2co v eot aoparately te''the link. CC 5. Storm drainage may be provided by an existing culvert along S.M. Walnut Street or by on eit.e disF oOel. 6. Approval of the requested variance that wOulc? permit a gravel driveway g the Code. requires meeting the standards set out in Section 18 134 050 of CD qu ppe.lre to bet without justification and the The re ea�:ed variance a applicant has Oug7eated none Consequently,, the variance should be ca nip'". ENGINEERING COMMENTS Recommendations: A partition survey plat and an eutbound description shall be /submitted tel the Engineering Divi ®ion before , recording. The plat ' shall clearly show: A. The access easement as well as ownership and maintenance eeoponeibilitiea, B. The private can .tary easements, and C. Any public utility or sewer easements STAFF CO £4,a: ACT: John: Hagm .za,' Engineering Division, (639 -4171) . Zee agreement shall be e, ecutee by the applicant, on forms provided by the City, which waives th rprooerey owner's right to oppose or re'no**etrate against a future Local Improvement District formed to loprove SW Walnut Street. STAFF CONTACT: John Hagman, Engineering Division (639 -4:71) . Building pezmita will net be issued until the Engineering Division bag i€ ee d a street opening permit for eork within ''the SW Walnut ,Street right- of- way. ,STIOF CONTACT: John HagL an, Engineering Division (039-4171). 4. A driveway with curbs, sidewalks and a paved width of 24 feet within an access way with a width cf 25 feet, shal.l be installed before an occupancy permit is issued. STAFF CONTACT:' Brad Roast, Buil fling Division (639- 4171) . 5. Additional right-of-way Weill be dedicated to the euelic along the B.W. Walnut Street frontage to' increase the right -of wey to thirty feet from the 1 cvent ®cline. The description shall be tied to the wasting right -of -way centerline. The dedication document shall be on City forms. Instructions' are available from the E'agineering Division STAFF Cve °ACT: Jon Hagman, Engineering Division (639- •4171) g for `� permit shall include an erosion contre,1. plan 6. The submittal f a building per coaafor�ain to Eroei ��a C.- ,.ntLOl Plane-Technical Guidance Handbook, November 1989." STAFF CONTACT: Brad Roast, Builda.ne Division (639 -4171) Approved: ENGINEERING COMMENTS Zvarnstrom uP 90- C4 /tv'AI 9d-10 PAGE 2 MEMORANDUM CITY OF TIGARD, OREGON TO: Piano ment: Respond By Ron Pomeroy X For Your Information DATE: April 19, 1990 .._..Sign and Return SUBJECT: Xvarnstrom HIM 90 -04 VAR 90-10 Ae stated in the pre -app e'seted 9- 26-89, the present application will be a resubanittal of MLP 2-86 "a,iire<,ceet any changes" (MLP 2-86 was approved with conditions Je1y 28, 1986 by the Planning Commissi.oxa) I4LP 2-86 Estates in Section C.6.: All lots t:''.all. utilize a common driveway joint the common driveway be Street. recrded with the use emap and ga� copy �of�the recorded c9ri.v� y partitioning docunant (s) shall be submitted to the Planning Director. Section C.7 states: The driveway shall be screened in conformance with Section 18.162.050 of the Comiunity Development Code. Section C. ti. states: Prior to rt ccupancy of any residences on lots 2 and 3, the drLeeway shall be paved. The required pavement width ie 24 feet within the 38 foot wide access strip, 20 feet up to lot 2, and 161 feet up to the = e a dense in lot 3. The easement width along the west side of the property shell be 35 feet to allow for flexibility in the driveway placement to minimize the need for tree removal. Section C.10. states: V'alid tree removal permits must be obtai CITY OF TIGARD Washington County, Oregon M71��F•3 1. Concerning Case Numbed°(s) : . flame of Owner: Sven Kvatnstram . Name of Applicant: Wes Larson.... �- Address 15845 SW Bull Mtn. Road City Ta and Jgtate OR Zip 9 4 , Locat* ,n of Propert,, Address Tax Mw and Lot No( s) . 2S1 3AB lot 500 .. A! at2peal of the Communit 4Deve3oPsnent Director's approval • Nature of APPa�catijxan r ...� - -- ------ of a re btiest to alavide a 3 44 acre areal ilato 3 E arce is . ..._..— Approval as requested 6. Act Approval conditions 1- the conditions of the Denialof appeal with modifications to th 7 • Director's decision. • Notice.: Notice was published in the he news P P er, p osted at City Hall and mailed toy XX Owners of & owners XX of record within Q a d distance _ The affected Neighborhood P annin3Crganizatior, Affected goverrsmental agencies Tina! Decis MAR OECIZIOIC SHA.1,:. BE FINAL ON Ai et. ;'12 19 and statement of coad i t iorr COO be Tigard City Hall', '43125 VW Rail, 11, The adopted findings of fact, decision, obtained from the Planning Department, P.O. &ox .2.3397. Tigard, Oregon 97223. 9. Appeal ∎ c appeal this doc sion in accordmnce with '..Pw And paarty to ��e d e , m s ion m�,� alsP P applied °! Board of Appeals. i"oGc�r ANib.!4 as � D+.,3?C� b the Land � ���' d � �' � by The 40adline for filing of an appeal is . ;f Cam.; 26.5' 10. Questions,: if you have any questions, ple ase ca/1 the City of Tigard Planning nepaetr ant, 639- -4171. 0257P) CITY OF TIGARD PLAeNMINn COMMISSION FThAL ORDER NO >, 86- PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A MINOR LAND PARTITION (MLP 2-86) REQUESTED BY SVEN KVARNSTORM The Tigard Planning Commi s s ion re;. i ewed the above application at a pukl i r hearing on duly 8, 1986. The Commission based its decision on the facts, findings and conclusions noted below: A. FACTS 1. General Information CASE (Minor Lam Partition 6x REQUEST: To divide a 3.44 acre parcel into three parcels of 1.0, 1.0, and 1.44 acres COMPREHENSIVE PLAID DESIGNATION:. Low Density Res: dentiai ZONING DESIGNATION: R -4.5 (Residential, 4.5 u it zucre) APPLICANT: S+ en Kvarnstroui 11405 SW Walnut Tigard, OR 97223 OWNER: Same LOCATION: 11405 SW Walnut` (,l, `p:.,:n "2 , 1 2. Background, MLP 2 -86 was approved with conditions on May 8, 1986. Due to abutting residents' concerns about the loss of trees and after a field visit And discussion with the applicant, it seems appropriate to address these concerns and their conforman ! vo the Tigard Tree Removal ordinance. This amended decision was appealed to the Commission for further review. 3. 1 isinity Inf, orm& ion Properties immediately to the e•,_t, south, and west are in Washington County. Properties a gird and are ..� ) property . zoned ,�3 P 5 (Residential, the �� 5 north � Units/acre). One r in Tigard the east _ Tigard ,5 with f' °�o��tage on Walnut is in Y`., a!rd' and is also zoned R-�� 4. Site Information A 1720 square foot residence is located on the southeast corner of the '.. q temporary barn is located on the western p 1 275 ' .1 {!� foot tats orar` b � V �,%� r ran . t � dr 0 J square .. ..... - �� .. edge of the propert �� The parcel has 38 • feet of frontage on Walnut Street. The applicant proposes to Est L lash three lots of 1.44, 1.00o. and i.00 acres in size, with thy: largest of the three farthest from the street An approx .. ,. l y a foot d ,. � , #r. vf, vz around the f amat� 8 � t.E � � , Street along the entrant_ dr� `ti. x���o� feet serwic in, the two rear li!)ts . The access drive "ill.,.. b..: .ta FAA d ORDER; 8 al :l {� ; eer qt i alt i we , e v.��I t 33yp�y h a may, v r �+ -,ys Y.. w k ,� .,,•.c��`. x . y y i/'N'; �y ,w, 'j f�P.!� ti {JdtA it k ;1 efiiiii`iii•` ti'+��. z201 ** i"'' rips ,.+ywAy,�.t � � r�� 6..Z.fq�.,�y,�J: ':� ��k F00 - toaA 4`.0 (See corlation 7.9 "page 3.) S. AnsmAnd ` NPO Comments Ybo Tualatin Rural Fire District has the following commen s: A turnaround area will be required at thy end of the driveway. A °ha ►. er head" arrangement with each end being approximately 45 feet long 20 feet wide at each end is acc vptable. The EngineCring Division has the following comments: A public sanitary sewer line and easement are prosent along the norther: 420 feet of the western property line. ve public easement should be provided south of ttra southern manhole in order to provide access to the viewer system for the southern lot (Lot 1). b. It should be confirmed that the dr4Anfield serving the property to the south (Tax Lot 100) does not encroach upon the subject property. c. Walnut Street is designated as a major collector route that requires a y, foot right—of—way width from centerline. d.' A non remonstrance agreemecat should be signed regarding any future local improvement district for street and storm sewer work that may be needed along Walnut Street. FINDINGS AND CONCLUSIONS The • • in case are Tigard Comprehensive Plan l�.c�se 2.1.1 and ?$1. �� thus pia ` ` e 2 and Community Development Code, Chaptars 18.50, 18.150, aced 18.16 2. The Planning Commission has determined that the proposal as submitted cr with minor modifications, is consistent with trte relevant portions of the Comprehensive Plan based upon the findings noted below: t ,. ng property Policy � w owners aver given ice because uthe the hearing and an opportunity to comment on the applicant's proposal. Policy 7.1.2 is satisfied because adequate water, sewer", arhd storm drainage facilities are available to the development. The applicant a indicates � these a s rill be provided within the partition as required b y City standards: The Planning Commission has determined that the p posal as submitted or with minor modification, is consistent with the relevant portions of the Community Development Code based upon the following findings Chapter 18.50 ale sati 'sf ied because the application meets all the requirements of the R -4.5 zone., Chapter 19.150 will be satisfied because the majority of the trees on the site will be preserved and the proposed driveway will be aligned in a manner to further minimize the need for tree removal. Chapter 18.162 is satisfied because the proposed partition meets the criteria for par^titioninl property. Screening shall be provided as required be Section 18.162.050(f) where the proposed driveway is within 10 feet of the western property lire's. C, DECISION Based upon the above findings and conclusions, the Planning Commission upholds the Planning Director's decision of May 16, 1986 with the following amended conditions: UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE PARTITION WITH WASHINGTON COUNTY. The partition survey and legal descriptions shall be submitted to survey r id pprova L . The City shall record th necessary documents after. approval unless other record are made with the Director. Sanitary sewer connection d etails ft) h ha provided aSo^ part of the bui] g w"P rooem n 'plait** 'hd ' existing: h l nba- connected, the public h-esi n •ta" ' sewerage 'systess:` " Construction of proposed public improvements shall not commence 4. until' uskfter the Engineering ' Section has issued approved public improvement plans. The Section will require posting of a-100% fee Bond, the payment of a permit fee and a sign installation/streetlight fee. Also, the execution . of a street construction compliance of approved public opening permit or -- - GIVING :SPECIFIC improvement plards. SEE THE ENCLOSED HANDOUT INFORMATION REGARDING _ PEE SC igDU E& BoND_.„_,•I�NG AND AGREEMENTS. , right :caf , shal.:! be ;.dedicated ��- .;N the ,Public �alongthe, .• Additional �' � ,,,� SW Walnut Street .from toga to increase the r ghteeof':�., ms'µ "3, grom, centerline; The description for said dedication shall be tied to tiee existing right-of-way centerline as established by wash ie to n COLnt y The dedication document shall be on City forms and approved by the Engineering Se ct77on, DEDICATION FORMS AND, INSTRUCTIONS ARE ENCLOSED, . a om+ n ,�driveewa All lots shad ut"altie� a °c t for% tc, 1W�rY�iut� �', and mantenanc�e A ,use � ...� � o joint ragmen rti ;,.., i qg. the r� y y 'recorded with -,'chi pa " �rr��k �� nd y��w N. �9iall be � ..:r,.. � � � � � � � ~�4i recorded docur ent(6` 'Shall ..be submitted -to the FINAL e,RDER 86-."0, PC '-- (MP 2-86) 7. The ovItri zap r+3i f 144,1*. i , i een , ` t�, 6►nfo nge: 6r , tion' or. 8.. Prime; oc I ` "d '' ' `rUfi r` "' "trtf lbtl , a ai ti Cdr, ,. shmatkobsopavtotroTherettiiittittlialrelwertitVidthttirEk2Wrifiiiiirlathiatheo, itl o .. 4th�8�:. :sida�na'a tf��1'�'1' his' t�' �t�6�"' �idtt���tcc�fi�"~�th���'r�St�~� . , :: 0'..4p ',,.=K p w4h lts ba, 35r f t' to''ainii •.;:for rfili titibi- litty� Vin{; :the•1.. drr$crtto4 . 4 )0eier t - -Agr ttin` . h � ifidd, V+ - tre*,r ovasllr.4r4 ,M . A non-remonStrance agreement shall be signer regarding any future local improvement district for street. and storm sewer work that affects the proposed lots . QRRANCfl.® 10 lIl:traeo � rlpor�3t�o �..: ro q� , wl,I '+.i,+r o:Y 1 r•l�`!'9�OVs�Pr��S�r:��lY'y �t'ri 'Y 'iY��A4T�'ure� , n�Y. +�ti,4ti�nwer:.. H.M. 11 This approval is valid if executed with one year of the final approval date noted below. It is further ordered that the applicant be notified of the entry of this order. el Deftt This �a of Jul 198 6 by the Planning Commission. of the City PASSED: Y July, y of Tigard A. Donald Moen, President Tigard Planning Commission KSL: bsid j 7l FINAL OFtDCR 86 PC -= (MEP - 86) PAGE 4 f�o� o ���i✓ �����a.o a..+� ��� "��rwrsn�esa�u° .O�Ci ■bbboa� 106'10 Yf�ClwtlY6 ®�I1. -Tomo 4�bI1Sl'. .Y\IblCI91f.O7YP ...... REQUEST FOR COMMENTS April 5, 1990 •: FROM: Tigard Planning Divi,3ion REs I4LP90 -0004 KVARNSTROi; MINOR LAND PARTITION ILL' 90-0004 VARIANCE VAR 90 -0010 SVEN AND DIANNE KVARNSTROM NPO t7 A request to divide 3.44 acres into 3 parcels containing two parcels of approximately 47,850 square feet each and one parcel of approximately .. 4 acres. 20NE: R -4.5 (Residential, 4.5 un is /aa'37 ) LOCATION: 11405 SW Walnut. (WCTN 2S1 3AB, tax lot 500) 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 revommmndation will be prepared and a decision will be rendered on the proposal in the near futus a. If you wish to comment on this application, we need your comments by 04/16/90. You May use the space pro ided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, pl zee phone the staff contact noted below with your comments a.ad confirm your comments in writing as soon as possible. If you have any questions reg reing this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW` Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171 STAFF CONTAVT: 1 or- PL EAS CHECK Tim FOLLOWING TH T APPLY: 3We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Comments Name of person commenting: ib , Telephone nutuber: . ; REQUEST FOR COMMENTS April 5, 1990 TO: P.O.E. FROM: Tigard Planning Division RE NILP90 -0004 : ARNSTPOoK MINOR LAND PARTIT `. N MLP 90 -0004 VARIANCE '(BAR 9o-0010 SVEN AND DI ANNE KNARNSTROM HPO #7 A request to divide 3.44 acres ire:., 3 parcels containing two parcels of approximately 47,550 square feet each and one parcel of approximithay 1.24 acres 20NHs Ra44.E (Residential, 4.5 units /acre) LCCATICAN 11405 SW WE lnut (WCTM 2g1 us, tax lot 5 0) Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from of ivr information available to our staff, a report and recommendation will be re ared and a decision will be rendered on the proposal sal in the near future. If prepared P � you wish to comment on this application, we need your comments by 04/16/90. 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 cone' *ct noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this mutter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall , ? _•d. , Tigard, OR 97223. PHONE: 839 -4171. STAVF coNTAcT:-.AegYLA OSA6(1- PL,E CHECK THE FOLLOWING THAT APPLY: proposal j We have reviewed the ro os�al ands nave. no ob ciifons to it Please refer to the enclosed letter. Comments: ' Name of person commenting: ir2c.„ cro -- Telephone number: <�1 ' t. L REQUEST FOR COMMENTS April E, 1990 TO: Building 0iviEion FROM Tigard Planning Division RE: ZbILP90 -0004 KVARNSTROM MINOR LAND PARTITION M LP 90-0004 VARIANCE SPAR 90-0010 SVEN APIA DIANNR KVARNSTROM NPO #7 A request to divide 3.44 acres into 3 parcel: containing two parcels of approximately 47,850 aware feet each and one parcel of approximately 1.24 acres. SONe R -4.5 (Residential,. 4.5 units /acre) LOCATION: 11405 SW Walnut. (WCTM 2 3aR, tan lot 500 ) 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 btaff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near futnce. If you wish to comm nt on this application, we need your comments by 04/16/90.. You ;day use the by ) provided below ar attach a aepar = to letter to return your If you are unable to respond by the above date, please phone ou., comments. the staff contact noted below with your comments and confirm your comments in writing as soon as posetple. If you have any qussi ions regarding this mattes., contact the Tigard g Department, , '' 2_ 1 Blvd., i arr� Plannin Oe .tirtment � �o� 23397 1.,.��� SW trial Tigard, OR 97223. PHONE: 630 -4 71. STAFF CONTACT: J' PLEASE CHECK, THE FOLLOWING THAT APPLY We haav a reviewed the proposal and have no 0 jection ; to it. Please contact of our office. Please refer to the enclosed letter. Comments Name of ,peroon commenting:'" Telephone number.: Z9'/' _ 4-6-90 MLP90 -0004 1.. What will be provided for access to each lot? 2. I drawing of ths locations of the existing utilities for the house must be provided prior to recording the MLp. The drawing should include the locatioa a c± tho septic tank and dr infield, storm drains, water lines and other utiliies. If any of the utilities will cross new property lines They will require easements. REQUEST FOR COMMENTS April 5, ? X90 TO: General Telephone Co. FROM: Tigard Planning Division RE: MLP90.0004 KVARNSTROM MINOR LAND ND PAB! WON IMP 90 -0004 VARIAICE VAR 90 -0010 SVEN AND DIAs NE KVARNSTROM NPO #7 A. regneet to div4,de 3.44 acre) into 3 parcels containing two parcels of approximately 47,850 Sc ar® Veet each and one parcel of approximately 1.2,E acres. ZONE: « R-4.5 (Residential, 4.5 units/acre) LOCATION: 11405 SW Walnut. (WCTM 2SP 3AE, tax lot 500) 11; Attached is the site pP lan and r licante statement for y our review. From p information supplied by ,.�a var us departments and a t encies and from other information available to cur staff, a report and recommendation will be prepared and : a decision %ill be rendered on the proposal in the near future If you wish to comment on this application, we need your yomments by 04/16/90. You may case the space provided below ar attach a separate letter to return your comments. of you are unable to respond by the above date, please phone the otaf2 contact h.ct d below lirith your comments and con ir°m your c. ,.:ants in =,;rritincy as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department:,, p0 Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223, PHONE: 639.4171. n (�r STAFF CONTACT KVj J( UO PLEASE nHECs, T '04LOWING THAT APPLi° e _\.4 We have . proposal and have no objections to it. . � �aviewed the of our office. I Please refer to the enclocea Comment e Mir Nr.m person oomrent ii s e o f g i ' Telephone nuim►)er r to?„-b E;)(1(:1> • PR QUEST FOR COMMENTS TO: Tigard Water District PROMS'. Tigard Plai ring Division RE: MLP90 -0004 KVARNSTVOM MINOR Lamp PART ITXON MLP 90-0 04 VARIANCE VAR 90-0010 SVEN AND DIANNE ZW RNSTROM ?APO #`l A request to divide 3 44 acres into 3 parcels containing two parcels of appro sinateiy ,47,C' 0 square feet each and one parcel of approximately 1.24 acres. ZONE: R -4.5 (Residential, 4. Unitas /acre) LOCATIONS 1.1405 IW Walnut. (WCTM 2S1 3AB, tax lot 500 Attached ie the site plea and applicants stateme;,t for your review. From information supplied by various departments and agencies and trans other information available tz our staff, a report and recommendation s.aill be prepared and a . deu i l ion v i 7} 1 be rendered an the proposal in the near future. If you wish to cOmm<ant on this application, we need jour comments by 04/16/90. You may urse the space ;.: ,, hided below a= attach a separate letter to return your comments. It you are unable to ;respond by the above date, please phone the staff contact noted below with your comments and confirm yogr comments in writing as 'swoon as possible. of you have any questions r.garding this setter, Tigard, OR 97223. PHONE: X53 "a�41 ?i, Box 23397, 13125 SW Hall Blvd., contact the Tigard Planning Department, ent, P4a PLEASE CHECK THE rcLLOwI NG TI AT APPLY: We have reviewed the proposal and have no objections to it,. ?lease contact of out office. Please refer to ttil enclosed letter. OWN {�menu: A fire aydrant and a six inch water line would need to be built to provide fire protection within feet of the home obi tike proposed lot 4 IMMUMWJONIMMit The- neeessary easerr►ent must ,sae . rpvided to zalntain the water line ,also. /91:*4410s..) Name of person comma -Mingo FILE NO: MLP 90 -04 FILE TITLE: KVARNSTROM PROPOSAL DESCRIPTION APPLICANT: SVEN & DIANNE KVARNSTROM 11405 SW WALNUT T7- ), OR 97223 OWNER: SAME REQUEST: MLP 90 -04 MINOR LAND PARTITION AR 90 -10 VARIANCE SVEtI K. and DIANNE P. KVARNSTROM NPO #7 A re— a.o divide 3.44 acres into 3 parcels containing two parcels of approximately 47,850 square feet each and one parcel of approximately 124 saves. ZONE: R -4.5 (Residential, 4.5 units /acre) LOCATION: 11405 SW Walnut. (WCTM 251 3AB, tax lot 500) LOCATION: 11 A05 SW Walnut (WCTM 251 3AB, tax lot 1:00) ZONING DESIGNATION: R -4.5 (Residential, 4.5 units/acre) COMPREHENSIVE PLAN DESIGNATIQN Low- Density Residential NPO NO: 7 CHAIRPERSON: James Boylan PHONE: 626- 0640 XX STAFF)ECISION' PLANNING COMMISSION DATE / / TIME DATE / / TIME,_, ..__ CITY CQUNG;'CL DATE HEARINGS OFFICER Ll ATE _ /..._. /_ TIME XX REQUEST FOR COMMENTS (see attached list) RETURN BY /+ /, ATTACHMENTS: VICINITY MAP LANDSCAPING PLAN NARRATIVE E ARCHITECT PLAN XX SITL PLAN XX A8SESSORS MAP STAFF CONTACT PERSON: Jerry offer ?REPAR'E FOR PLANNER APPROVAL` XX ADVERTISEMENT - TIMES / /; OREGONIAN �r er i.rM1 NOTICE TO PROPERTY OWNERS TO BE MAILED /_ /,-,_, LETTER OF ACCEPTANCE OF APPLICAV /ON / / row.. ammo.. Imo.. ammo, NOTICE TO I)LCD - ATTACHMENTS: 4 REQUEST FOR COMMENTS April 5, 1990. TO: Fire District #1 FROM: Tigard Planning Division RE: MLP9O -0004 KVARNSTROM MINOR LAND PARTITION MLP 90-0004 VARIANCE VAR 90 -0010 SVEN AND ,`MANN KVARNSTROM NPO #7 A request to divide 3.44 acres into 3 parcels containing two parcels of approximately 47,850 square feet each and one parcel of approximately 1.24 acres. ZONE: R-4.5 (Residential, 4.5 units/ ore) LOCATION: 11405 SW Walnut. (WCTM 251 3AB, tax lot 500) Attached is the site plan and applicants stateweat for your review. nom information supplied 'by various departmontEa 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 04/16/90. You may use the space provided below ar attach a separate letter to return Your comments. If you are respond by the above date, please phone unable to r�sx�oa�d 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 Tigard Planning Department, PO Box 23397, 1312► SW Hall Blvd., Tigard, OR 97223. PHONE 639- 4171. STAFF CONTACT: N J PLEASE MICK THE FOLLOWING THAT APPLY We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. comments: L{ , Co ext.. 0 Pt-el. .L. ..)„..g2...„ Name of person counting: ''rte �► L t.. 6 <To Telephone number: ( , G "` 1 GENE thRCHILL Dept Fire Marshal/ Plane Examiner r 503. 5262502. FAX 526.538 4 Ys11.Yl�lt►4 s 020I x Poit lutd 4922,2 es 503/ 227 1O 5 _ Seattle •. ... .+ 11472317021 Sales •... .. • • 206/2514599 Boise ....... • ... 208/322.6453 111 L Spokane /53'323 Medford , 503/ Eugene 503/4164217 . �l fli .... • . , , 4006/ Coley Name Individual FAX Numbeer ep Page(s) of Date If you did not Div the full ittansmission, ease contact us irnmediately .04/24/90 12:43 'x'503 R4 7297 CITY OF TIGARD 11001 ACTIVITY REPORT RECEPT I ON OK TRANSACTION # 4705 CONNECTION TEL 503227 7054 CONNECTION ID 03 START TIME 04/24 12 :42 USAGE TIME 01'19 PAGES 2 APR-24-9.990 13: 3`.' FROM PACIFIC METAL CO. -PTLD TO ER t S'- PRESENT DEED OR CON ''• __CT 1111... _ uv..r...�._�!'11em•.e • ••, • er alrad 96E347297 P . 02 • a .1. I OV I ALL MEN BY TH.t 22 PJE3ENTS, °':�.at... t,s: M .1: +.. v ; a . A� ...'�.V.3 .•......... N • a� n m°14r' •"' �• r l d' p•� +♦ m_ .y _ .« • l A`.i�•, 1• p� �ee� p: • A..t P••i. +.. % , . Y. �1. ��•+•. i�IA.. Ma• 1WIA1 :l�•h•�r..l✓.(1•+rN� /f.H'1e•+° ('10w•! 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U fr r ir 4 8± • 401 0. ;�1dt�• ,9 'A/ do 1 34 I O :to•' ▪ ,M• A 0,46 Lit TrbiL i Y• (C.S.No 42031 1s• :69Ar: .44 1 400 1. ! ... r E.....-- is. i vi. 41 la 1.1 0 2 s cA r ,a �►�' c ` Pa p • U. ;. P' t 401 r v Sze �n. ' • In 600 A ao 9e 2 � ,p 11 p, Sys 63614,5i* Al" ..... G X00 210' CA. Pao. Si A 7,125 area w -, 500 44 At. (C.S.N0.1203I) \1 i `A ` I, . t ) tit se 4 4t R (7' Q►` o‘ r e ` ` �. Y�Y 0`" 1 3B 0 1 r w jti .a e r4 700 . ■ 6J , � z .," "' o46 '''° u, 'p, s 4. A ■ t %,), 4 800 .x640 \ .14714' .14714' N M 0) ��' 7 ,.11.4e �t\i 1 1 600 ` 0 n �N M 'l A tv ■ 0 N �'� +.' ♦._.r :F:43 .. ttet?.. . yii i .i 1;J i t I. " 32 k^ «9frit1 SiPv L_..1•{wlLVy POI 1 LalNI.), ORE(ON 900 • 500 3, 444. (C.5. N o•12031) 600] 9 F ♦y 1 , \ \ \ \ °\ \ U \" fe �,y G`1, ;DNS. ` \` \ \ \t t r Ts. 3; 6' ' % \ 1 12 pc; 66 A6 Sri''` cr 1. 1 �i 400 °�"' 404. �` \82(e)19::\ � sy tip' rs� o 401 • ‘ t,, Z4 034 I rn o P, ‘ w .3 ar ;41:11i Of' nUANO PLANNING DEPT, 47-7. � ki ''.',Z,,.. i 1 Il.i .retie rJ✓i • 7f� A:4% '.,1. Sv . Li KJ V s.. V NSTRO 2S 1 3 A 500 4.,SZ, '`310 574 LINEAL. F SCALD e m S0 i I P-4,414.1144 MAR 3 0 1990 PLANNING DEPT . ►?n CPA. S'/3 40!'N L. NiCKLIN OLC 300 3,14 Ac. Oft LINE /e C:a. 500 SEE MAP 2S 138 (C.S.No42C31) 141.94 403 t.4/Aa. 1 1 ' 406 1 % 3.074e. 0 ` ,r ‘\ !� Ii t .� NHS \1 y< a 1 ‘ I '. s n 11 x 1% I. rk Ba? , W 1 I lg. ., ! /: gi 700 4 % % a .0 Ac. • �.,. ' e 1151, 0% Pi 1 i a ♦ Y. 1 1 r ` 0'011' 404 1 I it b. b toe. a. w. 210' 10 401 �� �Ov 4 a 600 -,, 1` 1 1 .110 AC. ° •Z , b1 I tai w' �• �t ilR� q.. 15a7m r iIIOr Ip �R11 OR1..N ' �T . Alt NO. c04 rj 0 N I am' r _ r 00 WOO CO . :1400 aun,I naa a■ w 1300 pe ILI i w : + to 60 01411/ eaYur. yT 4E N 4 5- 2'JA 08.51 FROM PACIFIC ! 5T L CO. -P TLD Y0 9684 ?29Y P. 03 at S. MANZANITA $Tj SUMMER 111111111P \., SUM Eft CREST TIGARD S.W. ME$rT9NE t.. W« fi3th P rd CT, ARM PL TIPPITT P. CITY OF TIGARO 'COMMUNITY DEVELOPMENT DEPARTMENT PRt — A ?PLICATION CHECKLIST 1. APPLICANT e4 441 r t" 0 MI 2. PROPERTY LOCATION Address i` 0,57 % Tax map/'fax Lot .-" 3. PROPOSAL DESCRIPTION/NECESSARY APPLICATION(S) 1 imy (sz—xp e nc co REQUIREMENTS Minimum lot sxZe/tdldth 75-001:1 setbacks. front corner side "� real^ `; Special setbacks.` streets established areas leer intensity zones ... . wetlands flag, lot 101 accessor y structures t. zero lot line imum lot coverage Maximum building height . Adjacent Property north south WASA east ,.,.....�:.. west ON Lc.'de5I 6°' i pf7v/ COMPREHENSIVE PLAN DESIGNATION ._. —... 6. ZONING DESIGNATION R.465 PactsocirT7 m , b,, (2/10:5 7. ,.,.�._ NEIGHBORHOOD PLANNING ORGANIZATION NO 77 CHAIRPERSON ��� � yLAIQ flag lot Landscaping: minimum X of lot area Street Trees Buffer Areas Parking Areas c..-Visual clearance Aio v't sti 1 e46 i4:`wddivi $ Ie1a'ee0 4 Parking and loading Ott-e Ple, .L4 Signs t OTHER CONSIDERATIONS (See applicatien checklist for specific items) drainagewa�y >25% slope,_____ .n �, �,gn�itive lands • flaodpl�.n ,_ �-. s. ' r Wetlands tie Street a mprOVemertSJcon n ec- tionseF Akr" red ice '_1 Historic overlay Righ:t- of-way dedication W0.�._1' /cJ+S, Sanitary Sewer improvement Broviele. 7 Co id , 5 3 r v i,,eevio -lo ,IA e" a41 h - p G �, ,h eea5 tom' Storm Sewer improvements ,211viah n'le• i i , kANA4e4'" ev e Storm P c oil`- S1 it Improvement Agreement - Permit; Bonds; Fees Other agency permits - Tie t. ereMoVCt. I ,� 10: PROCEDURE Administrative staff review --- Public Hearing/Hearings Officer Public Hearing/Planning Commisd. ion The Administrative decision or Public Hearing shall occur appronimately 30 days after a complete application • is t led': A .AO-day appeal period follows all decision:.` (0 i78P/0022P • 4'44` x i., Kv4 411 /R A.)6TA o Staff J■ a Date 14"- 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 chenklist identifies what is required to be submitted with your application. This sheet MAST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639 -4171. BASIC MATERIALS A) Application form (1 copy) B Owner's s ignature/writ4en authorization Title transfer instrument Assessor's map Plot or site plan Applicant's statement List of property owners & addresses within 250 feet Filing fee ( -) D) E) F) (G) (H) ITEMS TO BE INCLUDED: 1 C aa->, C C E SPECIFIC MATERIALS A) Site Information showing (Mo. of copies ° C 1) Vicinity Map E 2) Site size t dimensions 'Z) Contour lines (2 ft at O-1O or 5 ft for grades ' 10%) 4) Drainage patterns, courses, and ponds 5) Locations of natural hazard areas including: a) Floodplain areas b) Slopes in excess of 25% C 3 c) Unstable ground C d) Areas with high seasonal water table C.7 e) Areas with severe soil erosion potential C f) Areas having severely weak foundation soils C 3 • shown on the Comprehensive 6) Location of resource areas as sh Mar inventory including • a) Wildlife habitats C b) Wetlands C 3 7) Other site! features: a) Rock outcroppings C 3 b) Trees with 6" + caliper measured 4 feet from gros nd level 1 3 8) Location of existing structures and their uses C 3 9) Location and type of on and eft—site noise sources (. 3 10) Location of existing utilities and casements 1 3 1) Location of existing dedicated 1 iciht -of —Ways 1 3 tt Site _aevel.G���ment Plan ' showin (No. of coxes ) a 1) The proposed site and surrounding prox eties 2) Contour line intervals 3) The location, dimensions and names of all' a) Existing & platted streets and�on adjoining properties and easements on the ] properties APP.., + ATION CHECKLIST Page :i t3 C3 C3 • osed streets or other public 41, 6 easements on the site. Alternative routes of dead end or proposed streets that require future extension The location and dimension of:' a) Entrances and exits cn the site b) Parking and circulation areas c) Loading and services areas d) Pedestrian and bicycle circulation e) Outdoor common areas, f) Above ground utilities The location, dimensions �.on ' s & setback distances of all a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities and analysis of downstream conditions 7) Sanitary sewer facilities 8) The location of areas to be lanescaped 9) The location and type of outdoor lighting considering crime prevention techniques 10) The location of mailboxes uctures and their orientation 12 11) The location Existing ng orn:... p ro ��' osed sewer reimbursement agreements Grading Plan (too. of copies The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place•indicating general contour lives, slope ratios and soil .stabilization. proposals, and time of year it is proposed to be done. A statement from a registered engineer supported by data factual substa`tiatinr a) Subsurface expi gyration and ,gedtechnical engineering report b) The validity of sanitary sewer 'and storm .drainage servic.. proposals c) That all problems will be mitigated and how they will be mitigated Architectural Drawings (No. of copies ..m.,.) he site level opment plan proposal shall in& ude 1) Floor plans indiLating the square footage of all use on -site; and � 4 TypicaluelevationsdrawirGs each structure. 2) Typical of Land Plan (No. of copies ) drawn at the same scale of the landscape plan shall bw. The l shall site analysis plan or a lamer, scale if necessary and sh indicate: 1) t i.t . or the irrigation sy ;; tes where applxcac le 2) Location and height of fences, buffers and 3 [3 1 L 3 3 (3 LEGIBILITY STRIP Aft 3) Locxon'of terraces, decks, shelters, play areas F and common open spaces [ 3 4) Location, type, size and species of existing and proposed plant materials. The landscape plan shall include a narrative which addresses: 1) Soil conditions. ( 3 2) Erosion control measures that will be used. [ 3 3 Sign Drawings Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Sirmitetoxt�opnstructVthe sign. [ prior to obtaining a Building Permit . h G) Traffic IE.gfkIJIMICELSALti.mate H) Preliminary partition or lot line adjustment map showing (No. of Copies ): 1) The owner of the subject parcel 2) The owner's authrized agent 3) The map scale, 0034%0,100 or 200 feet =1 ) arrow and date 4) Description of parcel location and boundaries 5) Location, width and names of streets, easements �►another public ways within and adjacent the parcel Location of all permanent buildings on and within . of lines 25 feet. of all property trees with 6' or courses .8 Location of any tree 7) Location and width � all water cgreateu caliper at 4 feet above ground level 9). All slopes greater than 25% 10) Location of existing utilities 11) For major land partition which a) The proposed right- of-way b) h scaled cross-section of plus any reserve strip 12) Any applicable deed restrictions 13) Evidences that land partition will not preclude efficient future land division sion where applicable inch north 6) [3 and utility easements (' creates a public street: location and width [ ] the proposed street Subdivision Prelimina ry Plat Mapand data showing(No of Copies �) 1) Scale equaling 30, 50,100 or 200 feet to the inch and limited to one phase per sheet . � the +rely 2) The proposed name o subdivision 3) Vicinity showing property'srelationship to 3 V�.c�n�.t map showan arterial and collector streets [ 3 4) Names, addresses and telephone numbers of the owner developer, '`engineer, surveyer, designer, as applicable( 5) Date of application [ 1 6) Boundary lines of tract to be zubdividec [ ] 7) None, of adjacent subdivision or names of recorded owners of adjoining p: c cels of unsi bdivided land Contoar lines related to a city-established bench- mark - mark at 2 -foot intervals for 0-10% grades greater than i0% []' [ L [] 3 ) APPLICITIoN Ch CI <LIST - Page 3 I The p =v, ',ose, location, type and 'size off 1 of the following (within and adjacent to the {r"oposed subdivision): E ] a) Public and private right -of -ways and easements ( ] b) Public and private sanitary and storm sewer lines [ ] c) • Domestic water mains including fire hydrants d) Major power t;lephone transmiss'on lines (50,000 volts or greater) Watercourses Deed reservations for parks, open space, and other land encumbrances 10) Approximate plan and profiles of proposed, sanitary and storm sewers with grades and pipe. sizes indicated 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. Scaled cross sections of proposed street right -of -way; The location of all areas <eubj ect to inundation or storm water overflow Location, width and direction of flow of all water- courses and drainage ways The proposed Rot configurations; approximate lot dimensions and lot numbers. Where lasts o'"e to be used for purposes other than residential, it shall be indicated upon such lots 17) The location + of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any The existing uses of the property, including the location of all structures. and the present uses of the structures, and a statement of which structures are to remain afer platting Supplemental info.ration including: a) Proposed deed restrictions (if any) b) Proof of property ownership c) A proposed plan for provision of subdivisic improvements Existing natural features including rock out- croppings, wetlands and marsh areas, If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into =a narrative and submitted with the application. pathways 15) [3 C] AP6-1LtCATI0N CHtCRLIST Page 4 tl n: CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 86—A PC PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A MINOR LAND PARTITION (MU 2-86) REQUESTED BY SVEN KVARNSTRM The Tigard Planning Commission reviewed the above application at a public hearing on JulY 8, 1986. The Commission based its decision on the facts, findings and conclusions noted below: A. FACTS 1. General Information CASE: Minor Land Partition (MLP 2-86) REQUEST: To divide a 3.44 acre parcel into three parcels of 1.0, 1.0, and 1.44 acres COMPREHENSIVE PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R-4.5 (Residential, 4.5 units /acre) APPLICANT: Sven Kvarnstrom 11405 SW Walnut Tigard, OR 97223 LOCATION: 11405 SW Walnut (WCTM 2S1 3AB, Tax Lot 500) OWNER: Same 2. Background MLP 2 -86 was approved with conditions on May 8, 1986. Due to abutting residents' concerns about the 14Jss of trees and after a field visit address thand discussion with the applicant, it seems app oTree�teRers ©real ordinance. concerns and their conformance to the Tiga p This amended decision was appealed to the Com mission for further review. 3. Vicinity Information Properties immediately t:� the east, south, and west are in Washington County. Properties to the north and northwest are in Tigard and are zoned R-4.5 (Residential, in Tigard and units/acre). .�lso�zor�ed Re � 5 to the e�.�st with frontage on Walnut is g 4. Site Information is located on the southeast corner of the A »1720 square foot residence itemporary laar�r� is located on the western property. . A 275 square foot edge of the property. The parcel has 38 feet of frontage on Walnut Street, The applicant proposes to establish three lots of 1.44, 1.00, . wind the and '1. � the three farthest,f et. Ane a i roximatelyth654Q foot access ' . d from Walnut e . PP way will w�,n g driveway the first lot and then 26 . the entrance dra.ve a and around t shared Street along � �; be s�'iar� feet servicing the two rear lots. The access drive will by FINAL ORDER 86—c/ PC (MLP 2-86) PAGE 1 h , a all three lots. te actual pavement width required is 24 feet within the 38 foot wide access strip, 20 feet wide up to lot 2, '' and 10 feet up,* to lot 3. (See condition 7. page 3.) 5. laggil y and NP0 Comments Rural Fire District has the following comments: A turnaround area will be required at the end of the driveway. A "hammerhead" arrangement with each end being) approximately 45 feet long 20 feet wide at each end is acceptable. The Engineering Division has the following comments: A public sanitary sewer line and easement are present along the northern 420 feet of the western property line. A public easement should be provided south of the southern manhole in order to provide access to the sewer system for the southern lot (Lot 1). It should be confirmed that the drainfield serving the property to tro et (Tax 600) the south Tax south 600 does not encroach upon °the subject t r• c. Walnut Street is designated as a major collector . requires a 30 foot : right—of—way width from enterl ine . d. A non - remonstrance agreement should be signed regarding local improvement district for rtr•eet and storm sewer may be needed along Walnut Street. No other comments have been received. route that any future work that . FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1 and 71.2 and Community Uevelopment Code Chapters 18.50, 18.150, and'18.162 The Planning Commission has determined that the proposal as submitter', r with minor modifications, 'is .consistent u;i,'Lth the relevant portions of 0 the Comprehensive Plan based upon the findings noted below: Policy 2 1+ . 1 is satisfied because ecause the ►APO and surrounding property � owners were given notice of the heoring and an opportunity to comment on the applicant's proposal. `yg satisfied ue q. .. storm drainage . ifacilitaes ire because tatetwa�er, sewer, and st these facilities the deve�.opment, The within the part indicates that., b `�� 'lities will be provided applicant also partition as required by y standards. FINAL ODDER' 86— Z l C �- (MLP 2-86) - PAGE 2 ... Planning Commission has determined that the pmr.,sal as submitted or with minor modification, is consistent with the relev %p�tions of the y Communit Development Code based upon the following findings: Chapter ig . 5 0 is satisfied because the application meets all the a. requirements of the R -4.5 zone. Chapter 18.150 will be satisfied because the majority of the trees b. on the site.. will be preserved andmize the need fcrxtr•eeyremoVal. aligned in a manner to further mini - is satis,Fied because the proposed partitioneets c. Chapter 18.162 x .Screening shall the criteria for par•ti :ion ng property. 18.162.050(f) . where .the. '' proposed . provided as required by Section line. driveway is within 10 feet of the western property C. DECISION Based upon the above findings and decision o the f May. upholds the Planning Director• s decs following amended conditi0nna s Planning Commission 16, 186 with the UNLESS OTHERWISE NOTED, ALL CONDITI0MS SHALL BE MET PRIOR TO RECORDING THE PARTITION WITH WASHINGTON COUNTY. survey and legal description:. shall be submitted to The partition y shall the Planning Director for review and approval. va] The City shall t documents after app record the necessary • arrangements are made with the Director. sewer connection elan— profile details for eachlans shall Sanitary se improvement P be provided as part of the building sanitary existing building Dhall be connected to the public sewerage system. Construction of proposed public improvements shall not commence 4. Con � roved public improvement . ga.neering Section has issued app of au10ic plans En'The Section will require posting until' permit fee and a sign performance a ment of a P ce Bond, the p ! street jnsta tan Also, the execution of a stre installation/streetlight ight fee : of • construction compliance approved public xnstallationfst pp opening permit or ance SEE THE ENCLOSED HANvOUT GIV'Ih1G �3RE SPECI X.� improvement plans. ARID AGREEMENTS. INFORMATION REGARDING FEE SCHEDULES BONDING ht -o f —day shall be dedicated to the Public 'tolong feet Additional W] nu right—of—way frontage t increase said right—of—way SW Walnut street n�.age to on for the d dedication shall be from centerline. The description L,. .hied 'by document, l shall bee on established City forms tied to the existing right—of—way edi cumen The d ' cation a,o y . the Engineering 'D n, DEDICAT/ON_ FORMS AND Washington Count eci,ga and approved by INSTRUCT .gg ARE ENCLOSED: .. to Walnut, Street, common driveway access to �, All lots shall utilize a co for. the common !d�`av !� aintenar+,c'e agreement map and a cope of -the A joint useC recorded with the p rtition ng wd 'document(s) shall be Submitted to the Plahnirg Director. shall be re recor•c� . FINAL ORDER 86--„' _PC (FILP 2-86) PAGE • 7. The driveway shall be screened in conformance with Se tiore 18.162.050 of the Community Development Code. • Prior to occupancy of any residences on lots 2 and 3, the driveway shall be paved. „ 7he required pavement width is 24 feet within the 38 foot wide access strip, 20 feet up to lot 2, and 10 feet up to the residence in lot 3. The easement width along the west side of the property shall be feet to allow for f lexih " it +) in the driveway placement to mu imize the need for tree removal. . A °non—remonstrance agreement shall be signed regarding any future local improvement district for street and storm sewer work that affects ticeJ proposed lots imp ENCLOSED I. 1 0. Valid tree removal: permit. must be obtained as per Chapt er18m150 of the Community Development Code prior to the d p pertaining to all three lots 11. This approval is valid if executed with one ` year of the final app oval date noted below. It is further ordered that the applicant be notified of the entry of this order. PASSED This 2Lay of July, 1986 by thy; 'Planning Commission of the City of Tigard A. Donald Moen, President Tigard Planning Commission KW, CPR. S i /2.410NtR L I4ICKLIN DLO 300 5.84 Ac. 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