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MLP1990-00005
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. BMWS MIN 77525 & 7531 SW landau Ste MIS 90-0011418-1. °* 1S1 25CD, 4103 & 4104 AFFIDAVIT OF NAILING STATE OF OREGON County of Washington City of Tigard depose and say: (Please print) That I am a 2Z ,X for The City of Tigard, Oregon. < That I served NOTICE OF PUBLIC HEARING FOR served NOTICE OF DECISION FOR: C ty of Tigard Plcnning Director _. Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Exhibit "A ") was mailed to each named attached list marked exhibit °'E" on the said notice NOTICE OF DECISION as hereto bulletin board on the day of in the United States Mari. on the postage prepaid. Decision) of which is attached (Marked persons at the address :3,hown on the L144N day of LLB 19 attached, was posted on an appropriate , 19 ; and depo ited day o"f ).4. i u2., , 19 iD 111 ,.!LL4C.kf==.._.- Prepares! r, '0; t.ce,/ _. L ti4`.`a�pdV4d47` 1 "tl.. SUlb ibedn an&f wprn/af f irm to me on the / - .__ day o NOTARY ` y' :LIC OP OREGON My Co ,ssion Exp. res` ''1 e OFFICE Subscribed and sworn /affirm to me on the 1990 nod NOTARY PUBLIC OF OREGON My COmmissi NOTICE OF PUBLIC H E A R I N G NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANING COMMISSION, AT ITS MEETING ON TUESDAY, June 19. 19.,0, AT 7:30 PM, IN Tug TOWN HALL OF THE TIGARD CI= CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: MLP 90- 0005 /MIS 90 -0006 NPO NO: 8 FILE TITLE: Burneae APPLICANT Bob Burness 7531 SW Landau Street Tigard, OR 97223 OWNER: R.B. & F. H. Burnes: 7531 SW Landau Street Tiga OR 97223 REQUEST: MINOR LAND PARTITION MIi_ 9C-=C5 LOT LINE ADJUSTMENT MIS 90- 0006 BURNESS (NPO #8) An appeal of a Director's Decision for a request to add an 1,150 square foot strip of land from tax lot 4101 to the north side of the abutting tax lot 4103. Also a;; proved is a request to partition the resu:4.tant tax lot 4101 into two parcels of 7,950 square feet and one parcel of approximately 2.8 acres. ZONE: R -4.5 (Residenta,al, 4.5 units /acre) LOCATION: LOCATION: 7525 and 7531 SW Landau Street (WCTM 181 2SCD, tax lots 4103 and 4104) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF. PROCEDURE SET VORTH IN CHAPTER 18.30. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE HEARING. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. VOR FURTHER INFORMATION PLEASE CONTACT Tva PLANNING DEPARTMENT LT 639- 4171 TIGARD CITY HALL, 13125 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PLANNING ORGANIZATION (NPO) # 8 CHAIRPERSON: Marilyn Hartzell „✓ PHONE NUMBER: 245 -6299 bk n /MLP9O- 05.5KM 1 0 STREET ELMWOOD STREET 4800 AEK PROPERTIES, INC. 9011 SW BEAV- HLSDALE HWY PORTLAND, OR 97225 KEVIN SIMMONS 7525 SW LANDAU ST TIGARD, OR 97223 KEN DIETZ 7850Br:SW LLANDAU TIGARD, OR 9722.3 100 FLORENCE & HARRY VINCENT 7509 SW LOCUST DR TIGARD, OR 97223 THOMAS & JUDITH 9930 SW 77TH PORTLAND, OR SHITH 97223 OWNER/RESIDENT 9865 Sl 77TH AVE PORTLAND, OR 97223 OWNER /RESIDENT 9895 SW 77TH AVE PORTLAND, OR 97223 201 STEVE & DARCIE MAYBERRY 7603 SW LOCUST TIGARD, OR 97223 4603 EDNA KO.HLMAN 10340 SW 72ND PORTLAND, 6? 9722.3 OWNER /RESIDENT 7675 SW LANDAY PORTLAND, OR 97223 OWNER /RESIDENT 7711 SW LANDAU PORTLAND, OR 97223 OWNER/RESIDENT 9870 SW 77TH PORTLAND, OR 97223 700 gordon & rrguerite stewart 5820 sw miles ct portlan 0 RESIDENT 7785 SW LANDAU TIGARD, OR 97223 OWNER/RESIDENT 9925 SW 77TH PORTLAND, OR 97223 700 GORDON & MAtc1UERITE STEWART 5820 SW MILES CT PORTLAND, OR 97223 JAMES BELL 7811 SW LANDAU TIGARD, OR 97223 OWN1 R /RESIDENT 9760 SW 77TH PORTLAND, OR 97223 200 DONALD & SHIRLEY HANSON PG` BOX 12 WEMME, OR 97067 OWNER/RESIDENT 9970 SW 80TH TIGARD, OR 97223 LINDA CREENrIEL.D 9730 SW 77TH PORTLAND, OR 97223 300 DAVID & KATHRYN BRITTON 1004 SW 77TH AVE PORTLAND, OR 97223 BOB BURNESS 7531 SW LANDAU ST TIGARD, OR 97223 SANDRA DEAN 10050 SW 80TH AVE TIGARD, OR 97223 LOIS ABELING 7619 SA LOCUST TIGARD, OR 97223 MARILYN HARTZELL 10285 SW 70TH AVE TIGARD, OR 97223 PAT WHITING 8122 SW SPRUCR TIGARD, OR 972 OWNER/RESIDENT 7850 SW LANDAU TIGARD, OR 97223 OWNER/RESIDENT 7 707 SW LWOST' PORTLAND, OR 97223 OWNSR/RESIDENT 7800 SW LANDAU ST PORTLAND, OR 97223 1S125CD- 01300 YOUNG, CAROL ANN DUDLEY E III % BOPKINS , ROBERT ,8 9300 NW 1KAISER RD PORTLAND ry y �j ry OR 97231 15125CD -01302 e.e•ee ..e• KOHLER, BARBARA WILHELMINA 4130 SW LEE ST PORTLAND 1S125CD -013 .... EADES C RAYMOND A PATRICIA A 7795 SW HEMLOCK PORTLAND •e u e. a••. e e••• e •e OR 97223 OR 97221 1S12SCD -01900 DAW aON , JUNE S AND WILLIAM H 9035 SW 77TH TIGARD OR 97223 1S125CD -02000 ............. ee•..•.• YOUNG, 7O= D RAMONA A 9865 SW 7TH AVE PORTLAND OR 97223 1S125CD -02800 .............. ..ss.. r DRR, J D GEORGE ANNA MARIE 9925 SW 77TH AVE PORTLAND OR 97223 7S125CD -03500 ..•.eea «......._tl....... sMITHI, THOMAS 0 F uDITH Ate :930 SW 77TH AVE PORTLAND OR 97223 1S125CD -03700 ..a6o,..e4.;y... JOHNSON, LEROY H ti0VNA R 9870 SW 77TH AVE ,O3RTLA.ND 1S1250D- X02001 .....•.e: .............• BEAULIEU, THURMAN T LOLA 9895 SW 77TH PORTLAND OR 97223 1S1250D -03400 ............. .....a.o BEEBE, KENNETH R JACQUELINE R 7675 SW LANDAU PORTLAND OR 97223 1512501,'0- 03600..... . BROHMER,, JAMES A & TAMEI A wow 9900 S&W 77TH TIGARD OR 97223 1S1250D -03000 a JOHNSON, LR 0RE GJELDE 9840 SW 77TH PORTLAND OR 97223 OR 97223 .S125CD- -03900 .... • .. o . • .. . 00 no ri IT .f XS, MARIE E 9790 SW 77TH .ORTLAND OR 97223 1S/25CD -03901 ELLIOTT, WILLIAM R LOIS 7675 SW ELMWOOD ST PORTLAND OR 97223 1S125CD- 03901: ..........a... HAWES, ROBERT P AND BLIZABETS J' 9760 SW 77TH AVENUE PORTLAND OR 97223 1S125CiD-04002 .. . ELLIOTT, WILLIAM LOIS A' 7675 SW ELMWOOD PORTLAND OR 97223 131250 D 03903 GREENFIELD, DONALD E LINDA R: 9730 SW '77TH PORTLAND OR 97223 1SI2SCD — q.200 0D04201(0 r.e...tl.a... SEWELL, VIVIAN AND *Ant, : VIRGINIA �t 60�g8yy0�� �SE OBTh1N. RO E OR 97267 15125CD- 04201 BURNESS, 1♦tO8ERT FRANCES 11 9777 SW 74TH AVE PORTLAND OR 9722:: 1S12bcD -04000 *poop*** .. • o .... {p e • Ir, JURNAY KAT,TE outazatET AND P CRAIG 7607 SW LANDAU ST 7/GARD OR 97 223, TIMES PUBLISHING o ANY Leval 7556 None:, P.O. Box 370 PHONE (503) 6844.360 BEAVERTOR. Orimot" 17075 Legal Notice Advertising #3) Inc director has approwN1 subject to conditions � ®3'�,�a�rahe PETROLEUM-2 O � vii %l, �;ve(opme.�t of ���i a request for Site Development Review app `fola a ve W mmt of 2 t ® Cl Duplicat, existing service station (fuel sales and repairs) n sales/convenience store/car wash facility. ZONE; C� 0 {General t, ,na er- c l) LOCATION: 12825 SW Pacific Hwy. comer with %lnut Street )XWCTM 2S1 sBD, Tax lots 1'x}0,1300, & 1400) AFFIDAVIT OF PUBLICATION ATE OF OREGON, I UN TY OF WASHINGTON, )ss' Judith Koehler Ong first duly sworn, depose and say that ! Jam the Advertising actor, or his principal cie*,, of the i gard tewspaper of general circtti cion As defined in ORS 193.0 i0 193.020; published at I lgarci in the rresaid county and state; that the to Development ,SDi#90 -0007 VAR 90- 0017 minted copy of which is hereto aienexed, was published in the tire issue of said newspaper for One successive ast nsecutive in the following issues= May 10, 1990 SITE DEVELOPMENT REVIEW STIR 89-26 BRITISH MINOR q 3_P TITIO MLP 900-0005 LOT LINE ADJUST- MENT MS 90 -0006 B 9 418) The Director has approved sub- ject to conditions a request to add an 1,150 square foot strip of land few tax lot 4101 to the north side of the abuttin3 tax tot 4103, Also approved it a request to partition the resultant tax lot 4101 into two parcels of 7,95( square feet and one i approximate y '2.8 acres. ,ZONE: R-4.` R entiai, 4.5 units/acre) LOCATION: 752 and 7531 SW Landau Scree ('WCTM 1S125CD, Tax lots 4103 and 4104). hsoribed and sworn a buforra me this 10th day of May 1890 ANt*u AFFIDAVIT OF MAILING STATE OF OREGON County of Washit:gto' City of Tigard 0 V\e , being first duly sworn /af f iron on oath depose and say: (Please print) That I aim a The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: C.ty of Tigard Planning Director Tigar I anning Commission Tigard Hearings Officer Tigard City Covincil A copy (Public Hearing Notice /Notice of Decision) of which . is E,ttaLched (Marked Exhibit "A ") was mailed to each named persons at th address mhown on the attached list marked exhibit "B" on the __11!..t. day of 1910 , said notice NOTICE attached, . deposited ' OF DECISION a® hereto attached was poste � on an appropriate board on the ,.1,C„ day of ! ,,.,__, ].9 , and eposited in tie United States Mail on the .. y of .r 19 470 , Postage prepaid. Pre rod a No+tace /Posts d (For Decision Only) Eubacribed and sworn/affirm to me on the /1 day of 199 NOTARY PUBLIC OF OREGON My Cot aission Expires: r' rson who delivered to POST OFFICE di 741" Subscribed and sworn /affirm to i day o ante on the . y of e 'NoTARY PUBLXC OF OREGON My Commission Expires: blatiA t113kii. Si M CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION MLP 90-05/LOT LINE ADJUSTMENT MIS 90 -06 SURNESS - APPLICANT AP?L' GC ATIo 3 A request for approval to allow a lot line adjustment between tax lot 4103 and 4104 (see exhibit 1) which will result in a 1150 square foot increase in the si:: of tax lot 4103. Also requested is minor land partition approval to allow the remainder of tax lot 4104 to be divided into two parcels containing approximately 7590 square feet and 2.8 acres Access to the parcels would be provided b y an access easement on tax lot 4104. Location: 7 525 and '1 (WCTM 4103 ) R-4.5 7531. SW Landau Street WCTM 1S1 25CD, tax lots X103 siad 4104 done, (Residential, 4.5 units /acre) . DECISION: Notice is hereby Given that the Planning. Director's dasignee for the City of Tigard has APPROVED the above application subject to conditions. The findings and conclusions on which the decision is based are noted below. A. FINDING OF FACT 1. Background The subject parcels were annexed to the City of Tigard through the Northeast Metzger annexation in November, 1987 (ZCA 87 -05). A lot line adjustment for adjacent tax lots was approved in January, 1989. A minor land partition and lot line adjustment (MLP 89 -20 /M 89-27) approved in January, 1990 created 3 parcels from adjacent tax lot 4100. No other land use applications for these parcels have been reviewed by the City. 2. 'Vicinity Information North of the subject parcels the properties are zoned R-4.5. Properties adjacent to the subject parcel to th9 south, east, and . west are lo %ated in Washington County and zoned R -5 for single family residences. Further to the west properties are also zoned R-4,5. Site Information and Proposal Description A single family dwelling is located on tax lot 4103. A few fir, cedar, fruit ,.nd deciduous trees are scattered over the site The applicants own about 7 acres in this area including the subject parcels, NOTICE OF DECISION` The applicant proposes to move the common lot line between tax lots 4103 aud 4104 (see exhibit' A) 10 feet to the north rap ,su1ting in an incr , aae in the ir,Lze of tax lot 4103 from 8165 to 9315 square feet.' The remainder of tax lot 4104 in `.hen to be partitioned into two parcels containing 7590 square a` est and 2.8 acres. Access to parcels will _ be provided by an aco ~lees eaaament lwated on tax lot 4104. 4. Agency and MPO Comments The Engineering Division has the following comments: a Although not shown, accosa for the lots appears to bn provided by extending a coition driveway proposed in a previous minor land partition (MLP 89 -20) approved for the adjacent parcel that connects to SW Iandc.0 S\Y.reet+. Section 18. 108.070 of the Cods requires the driveway to have a minimum paved u dth of 24 °feet and an accee ®way of thirty feet. Curbs and a sidewalk are also required. Because of tie previously approved application for a minor land partition on an adjacent parcel, the common driveway will be serving six residential pa -cel3. This is the maximum permitted by the Coe. further division of the remaining parcel would require the construction of a public street. The applicant, should be made aware that the proposed private driveway Cannot become part of the public street unless it is inspected and accepted by the City. 4W Landau Street is an unpaved County road. The Oepartment of Land Use and Transportation of Washington '.:ourty has determined which improvements should be required for the adjacent minor Lancl Partition (ALP 90 -05). These same improvements ents should b.+ required for this applications. z c. Although not shown, sanitary sewer service Is available from a sewer accepted by the tnif;Led Sewerage Agency in May 1988. However, the line is not within a ]public easement The Building nee i is oA whether there are any existing g questioned whe.. �>< proposed lot line adjustment between tax lot 4103 and 4104 and commented that existing utilities should be . located and easements provided where they cross property lines. NPO #8, TCX Cablevisitaa of Oregon, P.G.E. , Metzger Water - District/ and fire District #1 have reviewed the proposal and have no fabjectiona to It.' NOTICE OF DEC%SXON - MLP 90- 05/iix5 URN SB PAGE 2 8 , ANALYSIS AND CONCLUSION Section 180162. 060 (Lot Lane Adjustor ents: Approval Standards) of the Community Development Code contains the standards of approval for a lot line adjustment, they are as follows: 1. An additional lot is not created by the lot line adjustment, and the existing parcel reduced in size by the adjuetmeets is not reduced below the minimum lot size established by the approved zoning for that uistrict. 2. By reduc? ng the lot size, the lot or structure (s) on the lot will not be in violation of the site ve ; ent or zoning district regulations for that district. Lot line adjustment MIS 9C -06 satisfies the above criteria. No a lbs.. additional lot is being created by the lot line adjustment. The erelicant is also applying for a minor land partition as discussed. below. Tax lot 4103 is increased in size frets 8,165 to 9315 square feet, thus exceeding this 7,500 square foot minimum lot size of the R -4.5 .,. zoning district. No structures or lots will be in violation, of the site development or zoning district reaulatiora as a result of the lot line adjustment. The proposal must o meet the minor land partition criteria of Section 18.162 040 (Partition Approval Criteria). They are as follows: yr 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 av ilable to serve the proposal 4. All proposed lots conform to the size and dimensional requirements of this title, and 5. All proposed improvements meet City and applicable agency standards. The proposal conforms with the City's Comprehensive Plan. It complies With all statutory and ordinance requirements and regulations. Adequate DC public facilities are available to nerve the proposal. The lots conform to the size and dimensional requirements of the R-4.5 zoning district. PropoEed improvements meet City and applicable agency standards at ths3. OA time However, as noted in the Engineering Division's comments, if tt'h3 . being served tax lot 4104 or by s popoaed otherwise then the Pp � develop applicant intends to further L have to me y �* e time nusaber of dwellings proposed acceseway will h et City r tandards for a public Street and be inspected and approved by the City. NOTICE of DECISION .4 Treee Removal The applicant must apply :or a tree removal permit prior to remov lng any trees with a six inch diameter or greater feet above ground seater at four f® level.. Staff encourages the applicant to preserve the assortment of trees established on the subject parcel. C. DECISION The Planning Director's designee for the City of Tigard approves MLP 90- 05 and MIS 90-06 subject to the following conditions: UNLESS OTHERWISE INDICATED, ALL CONDITIONS SHAG BE MET PRIOR TO OBTAINING A BUILDING PERMIT. 1. A partition survey plat and an outbound description shall be submitted to the Engineering Division before recording. The plat shall clearly shows a. The access easement as well as ownership and maintenance reeponsibilitieY, and b. A permanent exclusive 15 -foot wide public sanitary easement extending across the newly created parcel. The easement shall be executed and recorded on forms provided by the Engineering Division, referenced on and becoming part of all applicable parcel deeds, an d approved by the Engineering Divioio;r before recording. STAFF CONTACT: John ' Bagman. The agreement shall be executed by the applicant, on forms provided ',y the City, which waives the property owner's right to oppose or remonstrate against a future local improvement district formed to improve SW Landau Street ;STAFF CONTACT: John flagman. 3. The applicant shall obtain a letter of serviceability; from the Department of Land Use and Transportation of Washington County, to perform work within the right -of -way of S . Landau Street. A copy shall be provided to the • �r p City Engineering Sion prior to issuance of a Street Opening Permit. SThh CONTACT John Hagman. 4. A driveway with cubs, sidewalks and a paved width of 24 feet within an accessway width of 30 feet, shall be installed before occupancy permit is issued, The length if the paved c,rea shall. be Such that, at ao a minimum, it extends to the north side of the drivevay that serves the northernmost lot created by the minor land pert, ttion. The applicant should noise that if further development is to take place on tax tot 4104 the subject driveway must meet City standards for a public street and the ;improvements must be inspected and accepted by the City. STAPF ;CONTACT: Brad Roa±nt, Building Division (5;49 -4171) • NOTICE OF DECISION MLP 9o-c,5 /NIS 90 -06 - B SB' PAGE 4 • a. The submittal for a btiLding permit sh 11 include an erosion contol p ".i.an c ►r:t`o'<rming to nJErocsion Cont, ,o1 Plans Technical Gts.t.dance Handbook, No .r.•':mber, 1989.) STAFF CONTACT: Brad Roast, Building Division (639-41'n). Tax 4 APPAO "QAL I S VALID IF EXERCISED WITHIN MONTHS OF THE FINAL „ T�iN 18 Ha DECISION DATE INDICATED BELOW. D. PROCEDURE 1. Notice: Notice was 'oosted at City Fall and mailed to .X XI_ The applicant and owners Owners of record within the ro94 tired distance XX The affected Neighborhood Planing Organ ...za 3t n XX Affected government agencies 2. Final Decision: TIE DECISION SHALL BE t INAL ON 5 22 90 UNL8SS AN APPEAL IS FILED. 8. ►ea .: Any party to the decision may appeal this e� . 'ion in �ecis • which provides that a written appeal accordance with Section 18 32.29m (A) and Section 183 32 370 of the Development Code er with,; � 10 days after notice is �o�crmunit De must bo filed with the City Recorder y s and Appeal available at given any sent. Hall, 1125 SW Hall Blvd schedule Tigard, reg n» Tigard City .ta 3 ; 30 - p.O. May 22, 1990 The de � =� dlino for filing of an apiae�e�. 4• Cuestians: If you have Vestions, please call City of Tigard . 4 Planning Department, City o3, Tigard City Hall, 13125 SW Hall Blvd., Ti1` arid, Oregon. PRErABED BY: Viola R. Goodwin clopment Review Planner APPROVED BY Keith S. Liden DATE Senior Planner NOTICK OF DECISION HL? 0- OS/ IS 90 -06 - BuRNESS ;PAGE .8 ,t4x 0.05 1S125CD -04800 •o••••••.... ARK PROPERTIES INC 9011 SW EEAV —HIL LSD LE lita ,4 PORTLY:MD OE 97225, 1S125DC-.0070 ••o e.e • •o e•e STEWART, CORDON A & MARGIMIXTE 5820 SW MS:LES COURT PORTLAND OR 97219 1S1368A- 00100 e•••w••sre••'••a••••s. VINCENT, FLCIRRNCS N 7 509 SW LOCUST DRIVE PORTLAVD OR 97223 1S135DA.- 00200 • • • • • E Al ON, DONALD E AND SHIRLEY PO BOX 12 OR 97067 1S136811-- 00201 •oee•e• ...... . •e•• ,, MAYBERRY, ..STE AND DARBIR 7603 SW LOCUST TIGARD 1S136SA- 00309 a•eee•......e•am��e +e I3R1TTOM, DAVID D KND KATHRYN 10040 SW 7770 AVE PORTLAND OR 97223 1S136AB -00601 ..................... KORMAN, EDNA E 10340 SW 72 PORTLAND OR 97223 BOB MANESS 7531 SW LANDAU ST TIGARD, OR 97223 MARILYN HARTZELL 10285 SW 70TH AVE TIGARD, OR 97223 15125CD- 01300 ..... YOUNG, CAROL ANN DUDLEY L III HOPKINS, ROBERT 9300 NW KAISER RD PORTLAND OR 97231 1S125CD -01302 oq.s••es••wnf•oa •••oo KOHL ER, BARBARA WILHE L INA 4130 SW LEE ST PORTLAND OR 97221 1S125oe. 0200® . YOUNG, JOHN D RONA A 9865 SW 77TH AVE PORTLAND OR 97223 35125CD- 4028OG . . .. ....•.. DORR, J 1Q GEORGE ANNA MARIE 9925 SW 77TH AVE PORTLAND OR 97223 EADES, RAYMOND A PATRICIA A 7795 swi ammo= PORTLAND OR 97223 1S125CD- 01990 . ....... DAWSON, JUNE S AND WILLIAM 9835 SW 77TH TIcARD OR 97223 1S125CD -02001 .e. ...•e..e.•e.o♦s BEAULIEU , THAN T LOLA 9895 SW 77TH PORTLAND . . 15125CD -43400 •...•........e........ BEEBE, KENNETH R JACQUELINE R 7675 SW LANDAU PORTLAND OR 97223 '5125CD -03500 ..a..........a........ J'NITH, THOMAS 0 1 UDITH ANN 9930 ' SW '77TH AVE PORTLAND OR 97223 1S125CD -03600 ee•• ?.ROHMER,, JAMES A Si TAMERA J 9900 6W 77TH TIGARD 1S125CD -03700 ••.. ••.•••••........ JOHNSON, LEROY H DONNA R 9870 SW 77TH AVE PORT LAND OR 97223 1512500 -03900 .. .......e......... WILLIS, MARIE l 9790 SW 77TH PORTLAND OR 97223 1512501.43800 •• :e•..•s..a.ee JOHNSON, LENORE GJEZ DE 9840 SW 77TH PORTLAND OR 97223 18125CD -03901 ...F.e.I..O.eUM•o•eee. ELLIOTT, WILLIAM R LOIS 7675 SW ELMWOOD ST PORTLAND OR 97223 1S125CD -03902 y .............. HAWES, RD!R S T AND e ELISABETH J 9760 SW 77TH AVENUE PORTLAND OR 97223 1S125CD -03903 .................e..& GREENFIELD, RONALD E LINDB9► K 9730 SW 77TH PORTLAND 1S125CD -04002 •wsees.e•.d :0..•..e. ELLIOTT, WILLIAM gt LOIS A 7615 SW ELMWOOD PORTLAND OR 97223 1S125C'"1 0420: . oesee04004140404064, ii . BURNESS, ROBET.T B FRANCES H 9777 SW 74TO AVE :' RTLAND DR 97223 181250D-4420O .....r.•...411.ee• toe weee SEWELL VIVIAN AND KARL, VIRGIN I 6080 SE OVTK:LN RA HILWALTRIE OR. 97267 1S12SCD -04000 ...........o..e.e e.e JORREY,, XATIR MARGARET AND P CRAIG 7807 SW LANDAU ST TIGARD OR 97223 srRET SW IANDA, s °r PARTITION APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 (503) 639 -4171 FOR STAFF USE ONLY CASE NO. ev9'd �- OTHER CASE NO'S: �. RECEIPT NO APPLICATION ACCEPTED BY: DATE: Appl .cation elements submitted: (A Application form (1) (B) Owner's signature/written authorization (C) Title transfer instrument (1) D) Assessor's map (1) E) P'i.ot lan .(pre-app check list) 1 w (. ) ergs ""ritd r X59- -4a".. . 10., 11) Filing fee (1235) 1. GENERAL INFORMATION 7531 SW Landau PR OPERTY ADDRESS/LOCATION 7525 & 4 ----- - SITE SIZE .23 Ac & 3,00 Ac PROPERTY OWNER /DEED HOLDER* R B &F H Burnes ADDRESS 7531 SW Landau St PHONE 246...0406 c:TY Tigard, OR 9 7223 ZIP APPLICANT* Robert R. Burmese ADDRESS 7531 SW landau St. CITY Tigard, OR *When the owner and the applicant are dif =event people, P applicant authorization possession with written author` the a plicant must be the purchaser of record a leasee in, from the owner or, an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. 2ROPOSAL SUMMA .Y The owners of record of the subject property request permission~ to divide ).23 Ac b (total area) into 3 containing 2.8 Ac No. of Parcels) 0 .17A��. and 9315 »:21Attacrc.s (or square re feet each) DATE DETERMINED TO BE COMPLETE FINAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION: N.P.O. Number: Final Approval Date: Planning, o E g .. rtgin+�_.t'in Recordation Date and Number: 3. List any variance, conditional uses, or other land use actions to be considered as `part of this application: • Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT A. The shove r20221 d eat not violate an deed restrictions that Y e attached to or _m os n t tie �sub1ect propertj. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terns and subject to all the conditions and limitations of the approval. • All of the above statements aad the statem ents in true; a nd plot plan, attachments, and exhibits transmitted herewilth, a s the applicants -so acknowledge that any p ermit issued, based on this pp ' found that any such Statements are application cation mar' be repro ?�.ed � if it is' false. • The applicant has read 'the .entire contents of the application, including the policies and criteria, and understando the requirements for approving or denying the application. DATED this FOrth SIGNATURES of each owner (eg. husband and vrif (KSL:'pm /O737P) 1S125CD -01300 eto•ce.•.o••s o••. YOUNG, CAROL ANN DUDLEY B III HOPKINS, ROBERT B 9300 NW KA SER RD PORTLAND OR 97231 1S125CD- 01302 0001000000.00000000.4C ROH'TaER, BARBARA WILBELMINA 4130 SW LEE ST PORTLAND OR 97221 1S12.5CD.42000 a... ...•........ „. 1S125CD -.013 .a••.• ••...... .•.. EADES, RAYMOND A PATRICIA A 7795 SW OCK PORTLAND OR 97223 1S125CD -01900 moo 0,600,90041.00000110 DAWSON, JUNE S AND WILLIAM M 9835 SW 77TH TIGARD 1S125CD- 02001 ..........s. ...•.. . BEAULIEU, THURMAN T LOLA 9895 SW 77TH PORTLAND OR 97223 OR 97223 1S125CD- 02800 ........•a........... DORR, J D GEORGE ANNA MARIE 9925 SW 77TH AVE PORTLAND OR 97223 1S125CD -03500 ...... too .. •os.eo• SMITH, THOMAS JUDITH ANN 9930 SW 77TH AVE PORTLAND OR 97223 1S125CD -03700 ....•• ............... JOHNSON, LEROY H DONNA R 9870 SW 77TH AVE PORTLAND OR 97223 1S125CD.. 03900 .•.o...•..•:..•.•••.. WILLIS, MARIE E 9790 SW 77TH PORTLAND 1S125CD- 03400 .... BEEBE, KENNETH JACQUELINE R 7675 SW LANDAU PORTLAND 15125CD -03600 ......••••.••.•.e• • BROHMER, JAMES A & TAMERA 9900 SW 77TH TIGARD OR 97223 1S125CD- 03800 .•..•...•.••.•••..... JOHNSON, LENORE GJELDE 9840 SW 77TH PORTLAND OR 97223 1S125CD -03901 ..•..•..........•.•.• ELLIOTT, W. :.LIAM R LOIS 7675 SW ELMWOOD ST PORTLAND OR 97223 1S125C1D -03902 ae•.••..•e.®•so.. •.• HAWES, ROBERT F AND ELIZABETH J 51760 SW 77TH AVENUE PORTLAND OR 97223 1S125CD -04002 444e *,44.4 ..4•.4, ELLIOTT, WILLIAM R LOTS A 7675 SW ELMWOOD PORTLAND OR 97223 1S125CD •03903 •Do.••a••••••••o•.•• GREENFIELD, DONALD F LINDA K 9730 SW 77TH PORTLAfi1D OR 97223 15125CD •04200 •aaaoa, 4440440444 444' SEWELL, VIVI tN AND KAHL, VIRGIN A 6080 SE4JETXIN RD MILWAMIE 2S125CD= -04201 ,.•4.44.4 •• ..+. 4 .4 EURNESS, ROBERT R FRANCES H 9777 SW 74TH. AVE PORTLAND. OR 91223 1S125CD -04000 4..444444444444444444 u JRNEY, 'KATIE, MARGARET AND P CRAIG 7607 SW LANDAU ST TIGARD OR >912 23 18125CD -04800 . . ...� AEK PROPERTIES INC 9011 SW BRAV- 1aILLSDALE HWY PORTLAND OR 97225 13125DO -007 STEWART, GORDON A & MARGUERITE 5820 SW MILES COURT PORTLAND OR 97219 0010000000 Osee 1S136BA -- 00100 VINCENT, FLORENCE N 7509 SW LOCUST DRIVE PORTLAND 1S1368A-40200 ..... a ..... ... . HANSON, DONALD E amo SHIRLEY PO BOX 12 WEMME OR 97067 181368A -00201 .•••...•....•.......• MAYBER tY, STEVE AND DARBIE 7503 SW LOCUST TIGARD OR 97223 1S13613A -00300 BRITT(N, DAVID D AND KATHRYS. 10040 SW 77TH AVE PORTLAND OR 97223 1S136AB -00601 • . • • KOHLMAN, EDNA E 10340 SW 72 PORTLAND OR 97223 April 23, 1990 IMMMIMCIMOMIONIN FROM Tigard Planning Division RE: MLP90 -0005 BURNESS MINOR LAND PARTITION YELP 90-0005 ,,,SOT LINE 1 DJUSTMENT MIS 90 -0006 BURNESS NPO # 8 A request for approval to 1) add a 10 I 115 foot strip (1150 square feet) of land from tax lot 4104 (3.00 ai es) to the north side of tax lot 4103 (.23 acres) thus reducing tax lot .26 acres and 2) to partition the remaining 2.97 acre parcel (tax lot 4101) into two parcels of approximately 7590 (.17 acres) and 121,783 square feet (2.8 acres) ZONE: R -4.5 (Residential, 45 units per acre) LOCATION: 7525 and 7531 SW Landau Street (WCTM 1s1 25CD, tax lots 4103 & 4104) Attached is the site plan a�cio�.�s�departments i �and ®agenc your ` review. From information supplied by es and from other information available to 'aur star ", a retort and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If a you wish to comment on this application, we need your comments by 05/03/90. You may use the space provided below ar attach a separate letter to return your If apond by the above date, please phone our. comments. f fn oted below with comments and confirm your comments in writing staff contact noted y the as soon as possible. If you have any eveations regarding this mettter, contact the Tigard Planning Department, PO Box 23397, 13125. SW Mall.. Blvd.,, Tigard, OR 97223 PHONE: 539 -41/1. STAFF CONTACT: kiDta ( , C ) oe W 1 Vt. PLEASE CHECK TFS FOLLOWING THAT APPLY e We have reviewed the proposal and have no objections to it. Please contact of our office. Plea so refer to the enclose' letter. Comments Name of person commenting:_ Telephone number: /,r N It !CATION LIST FOR ALL APPLIC ATI 0 NPO NO • . (2 copies) PO NO. 2. CITY DEPARTMENTS t/ BuildLng Inspector /Brad R. City Recorder Engineering /Gary A. 3. SPECIAL DISTRICTS ' fire District (pick-up box bldg.) Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District V 6501 SW Taylors Ferry Rd. Tigard, OR 97223 School Dist. No. 48 (Beavr) Jay Pahl PO I3ox" 200 avertonn OR 97075 // School, District 23J (Ttg) 13137 SW Pacific Hwy. Tigard, OR 97223 Wash. Co. Land Use & Transp. 150 N. First. Ave. Hillsboro, OR 97124 ePt Curtis Kevin Martin Joan Rice _ Scott King Fred Eberle Mike Borreson _ Boundary Commission 320 SW Stark Room 530 Hillsboro, OR 97124 Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 State Highway Division'' Lee Gunderson PO Box 565 Be�wertoin, OR 97075 DLCD (CPA's only) 1175 Court St. NE Salem, OR 97310-0590 Other Portland General JGlectric Brian Moore 14655 SW Old Scholls Ferry Beaverton, OR 97007 • e • • • • .. r. • 6 e •' • • e e • • a e• •e w • • • e . • • 5. SPECIAL AGENCIES General Telephone Mike Lutz 12460 SW Main St. Beaverton, Oft 97007 NW Natural Gas Ronald D Po1vL, PE, PLS 220 NW Second Ave. Portland, OR 97209 TCI C ablevis; ora of O,regon, 3500 SW Bond Portland, OR 9720E Metro Area Communications Harlan Cook Twin Oaks Technology Center 1815 NW 165th Place S -6020 Beavertan, OR 97006-4886 DS West Pete Nelson 411 SW Oak St. Portland, OR 97204 STATE AGENCIES 6. Aeronautics Div. (ODOT) Engineer Board of Health Fish & Wildlife Paarke & Recrea. Div. Subdivision Supervisor Dept. of Energy Dept. of Environ. Quality FEDERAL AGENCIES Commerce Dept. -M , E. Park LCDC PUC Fire Marshall Other Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW nth Avenue, Rm. 324, Union Station Portland, OR 97209 I TY OF i. APzi -. CZ PT F PAYMENT ECE I P NAME M w ' f": (M:JUNI1 ww � � d»f " "iN�1INS fl % CASH AM U; ; r k "pAVs NU PAYMENT DATE e 04/04/90 SUM:a VISION PUP Po5 OF PAYMENT AMOUNT PA I :D PURPOSE OF. PAYMENT AMOUNT PA /15 N+�'iiwYglalMW. MGM• xa` M+ wYwwMwYY' r4viMIWY "wi'IMM�YLtlYYr�IY.WM�wNYYF . . YM. W �Y��Y.up YTi wwlwMwwi+Y W ilyw��M�rM'Y •. LAND USE 'PPl..xCryT3 t3NS 2ZS» 00 I�Y.YNYY wr. Y. W Yak Myy 4.4.44.4•144.Ytiw.yrurw;;._ WYw AMOUNT c\,,MAY 1 i'96 "r ',%T. r,( ' .:'. 2�ra xrw1S125CD-04000 ....................1,1.1,3:101tiE, JURNE3' KATIE MARGARET At, "7o 6C0R7 SI G l LANDAU ST A dVA[M a a� Eii4lit'5:631NOs REA ratlm.b, uttiz C�dAX •5 5 itEtu c :1 410 S • f2.S'S 300 DAVID & KATHRYN BRITTON 1.004 SW 77TH :AVE PORTLAND/ OR 97223 tiN t, 4800 AEK PROPJRTIE., INC. 9011 ,SW BBAV— HMDALE HWY PORTLAND# OR. 97225 REION CNEC tED AttamptettS ' 00 such ststeL . --,• u ut'`' :.-a tin a obit in gait .... �.�. Do not ttmiail in this a0,el MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission FROM: Vi Goodwin, .Assistant Planner DATE: Junes 15, 1990 SUBJECT: Appeal of Minor Land Partition MW 90- 0005 /Lot Line Adjustment MIS 90-0006 Attached to this docun,nt you will find: 1. xhibit- A: the notice of decision for MLP 90. -0005/ (S 90 -0006 which includes a site /vicinity map that shows graphically what was approved Exhibit B: the appeal document Exhibit C: a;. copy of the text and map of Area of Speciz l Concern #10 from the ^Metzger- Progress Community Plan Exhibit D: letter from Keith Liden to :47:ten King dated Sept)mb ty 8, 1988 concerning removal subject i ' and its relationship to the "Area of Special ConcQrn �1� designation Exhibit E: a map showing the type of surfaces in existence on the various streets discussed in the appeal Exhibit F: a letter from Mr. Thrmas Smith addressed to the Mayor, the Council, and the Planning t'jmmission Background Summary: *;. On May 11, 1990 the Director's designee approved MLP 90- 0005/MIS90 -0006 allowing the applicant, Mr Bob Burness, to partition a large parcel of land into two parcels. The net effect of the partition is to create a 7!,.590 sql.lare Ct parcel used as the site for a single- rami)y dwelling. Tha rat arcel intended to be foot 2,8 ,acres contains the bulk of the .,,a�tent parcel. As a condition of �' - approval the applicant was required tai` formed to improve rove Sri+ his right d to exe�.ute agreement waiving hi to oppose a future lcnal improvement district p Landau 0 this application i also approved. Street. As a part of this a 1i�.a..ion a lot line ad ust,aent was, A previous minor land partition and lot line adjustment (MLP 89 -20 /M 69-27) for an ad-j acent property (a120 owned by, Hr. Burness) was approved in VnbrunrY, 1990. This partition allowed the c.ceation of three 7,50 square foot residential lots and adjusted the, size of an existing residential lots his a condition of approval the applicant was x qti i red to provide street improvements STAFF COMMENTS TO APPEAL OF ALP 90 -0005 WJ NESS PAGE 1 • C .. LEGIBILITY SIR • in the form of an interim 24 foot wide asphaltic , concrete surface along the Landau Street frontage of the site This condition was applied because we were informed by Washington County that Landau Street is a County Road and the County requested street improvements done to County standards in their comments on the proposal. The County's request for street improver ents became a condition of approval, as is usually the case wit' "other agency" ;requests. Staff comments regarding the appeal of MLP 90 -000 /MIS90 -0006e The following notes are numbered to c +rrespond with the numbered items listed 411 the attachment to the appeal filed by Mr. Thomas 0. Smith, et al. 1) The appellants point out that SW Landau Street, between SW 75th and. SW 77th Avenues, has been annexed to hr) City (Boundary Commission Final Action #2413), contrary to comments made in tho notice of decision wW.ch indicates' that Landau Street is still under the County's jurisdiction. Staff Response: We have determined that the appellants are correct, Landau Street is within the City's jurisdiction. 2) The appellants assert that, as 'a group, they have been and are willing to continue to be held responsible for the maintenance of SW 77tiz, SW 75th, and SW 80th Avenues. They also point out that access to Landau Street is provided by these three streets. Staff Response: Appellants are correct • regardirg the streets that provide access to Landau Strec. g among pel.lsut a is nut known but the The nature of the agreement .�mon the a, the County caoes not Maintain 77th and 75th Avenues The level f means e the County cperformed on 80th is described as minimal. Xn general, this unty does emergency repair and h &za_Yd abatement only. 3) Two points are made here. First, that any person who develops the subject property should be held solely responsible for the upgrading and a]..l.naefectedof all affected should roads (listed in item 2, above) and property soul d b a absolved from involvement in any future local improvement district. Second, the appellants p?iit out that the Burt s se property is located in Area of Special Concern #10 of the Metzger Community Plan. Stab! Response: p typically quire a p Instead the applicant condition of approval for a minor land are t; tall required a.a� ht is usually required to dedicate right -of -way and sign a noraremonstrance agreetaer#z for a future local improvement district (L. I.D.) in aVcorciance with Code Section 18.164.030.A. When an L.t.r. is formed all properties that this cast from a street improvements are expected to participate, that, benefit from the etre ►-+-Q r ate approximately 30 properties that Would benefit from improvement of ,Lat.dau Steer . The creation of one additional lot by t he applicant does not warrant req‘liring the a pplicant to be solely responsible for providing extensive etr set improvements. STAFF COMMENTS To APPEAL OP MLP 90 -0005 - BORNESS PAGE 2 With respect to Area of Special Concern #10 of the Metzger Community Plan,, staff recognizes s teat the subject property ; is wIthin the boundaries of this area This issue was previously addressed in a letter from Seaior a ', urnner Keith .Liden to WPO #4 Chairperson Maarten King which is attached to this summary and identified as Exhibit B. In addition to the discussion of A 3C #10 In Mahibit B, staff assert® that the site of the curie .t minor land partition iip a$icaation being appealed contains but a few t•eea and that 'the intent to preserve trees in ASC #10 applies more to the northern potion of the property owned by the applicant than to the portion currently under coaasidera7`,tion. Furthermore, the gu&,delines of ASC #10 allow up to 50% of the existing trees with a diametar of 6 inches to be removed. Staff would not encourage removal of any more trees than necessary, but also points out that the ii tent of ASC #10 is not to prevent development in the area States the appellants iintent to appeal any and all future development. Staf f resuonee is not necessary in this instance. Asserts that the City has not complied with proper and timely notices to affected property owners. Staff Response: The notice of decision was mailed May 11, 1990. The appeal filing deadline was ray ' 22, 1990, Section 132 300 requires that the mailing date not be counted in the appeal period. Recipients of the notice of decision were given li 0 days to appeal the decision as required by the Code. Signatures of appellants no response necessary. Staff Recommendation Staff recc:ramende that the appeal be denied and the approval of Mi „nor Land Partition MLP 90 -0005/ Lot Line Adjustment MIS 90 -0006 be upheld. STAFF COMMENTS TO APPEAL OF MLP 90- 0005' - BU SS PAGE 3 CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION MLP 90-05 /LOT LINE ADJUSTMENT MIS 90-06 BDRNESS - APPLICANT AP] LYCATION3 A request for approval to allow a lot line adjustment between tax lot 4103 and 4104 (see exhibit A) which will result in a 1150 square foot increase in the size or tax lot 4103. Also requested is minor land partition approval to allow the remainder of tax lot 4104 to ha divided into two parcels containing approximately 7590 square feet and 2.8 acres. _ Access to the parcels would be provided by an access easement on tax lot 4104. , Location: 7525 and 7531 SW Landau Street (WCTX 181 25CD, tax lots 4103 and 4104) . Zone: R--4.5 (Residential, 4.5 units/acre). DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED the above application subject to conditions, The findings and conclusions on which t he decision is based are noted belowo A- FINDING OP FACT 1. Background The Subject parcels were annexed to •.. -'` ', ' , ,r,. the .. City o of Ti � • W hrly ough the Northeast ! Metzger annexation, in Novembe , 7 ( 87 0 ) `ht , line adjustw ment Y for adjacent 32o. approved Ja uary, ... 1989. A minor_ land partition and, lot line adjustment (I4LP 89 -20/M 89-27) approved in January, 1990 created 3 parcels from adjacent tax lot 4100. pp " these parcels have been reviewed No other land use a licatio�.ne for the by the City. Vicinity Information North of the subject parcels the properties are zoned R-4.5. Propertiee adjacent to the subject parcel to the aou`1.h, east, and west are located in Washington County and zoned R -5 for Pringle family r aside, Iles Further to the west properties are also zoned 3. Site Information and Propusal Oescriptiu A single le famil, dwelling is located on tax lot 4103. A few cedar, fruit and deciduous trees ees are ' scattered over the site. The applicants s own about 7 acres in this area inc) tiding the subject parcels. NOTICE OF 1 ECISYON P 9 CI- r05%NIS 90=06 B'bR,NESS PAGE • Y, me ire The applicant _proposes to move the common lot line between tax lots 4103 and 4104 (see exhibit A) 10 feet to the north resulting in an increase in the size of tax lot 4103 from 8165 to 9315 square feet. The remainder of tax lot 41.04 is then to he partitioned into two r parcels containing 7590 square feet and 2. 8 acres. excess to parcels will be provided by an acce a easement "located on tax lot 4.04. ... Agency and ' NPO Comments The Engineering D .v ioion hao the following comm6 to • Although not shown, access for the lots apeears to be provided by extending a common driveway proposed in a previous minor (MLP 89 20 a inor land partition '° 9 approved for the adjacent parcel that conne1,F to SW Landau Street. Section 18.108.070 of the Code requires the driveway to have a minimum paved width of 24 feet and an acceeeway of thirty feet. Curbs and a sidewalk are also required. because of the previously approved application for a seiner land partition on an adjacent parcel, the common driveway will be eery .ng six residential. parcels. This is the maximum permitted by the Code. Further division of the remaining parcel would t should the construction of a public street. The epp be made aware that the proposed private driveway cannot become part accepted by d, of the public street unless it 3s inspected an the City. b. SW Landau. Streit le an unpaved County ad-. The Departmeae n2 Land Eisen and Tranopo a Y \,.ion of Washington County has determined which improvem ; ou1 d be required for the adjacent Minor Land Partition (4LP 90-05) . These s ame improvements should be required for this application. Although not shown,, sanitary sewer service is available from a sewer accepted by the Unified sewerage Agency in May 1988. kowe.vere the line is not within a public: easement. The Building Division gesstioned whether` there are any existing structures near the proposed lot line adjustment between tax lot 4103 and 4104 and commented that existing utilities should be locaeed and easements provided where they cross property lines. #8, TCl Cablevi ANALYSIS AND CONCLUSION Section 18.162 060 (Lot Line Adjustments. Approval Standards) of the Community Development Code contains the standards of approval for a lot line adjustment, they are as follows: 1. An additional lot is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size ,established by the approved z ring for that district. By reducing the lot size, the lot or structure (s) on the lot will not be in violation of the site development or zoning district regulations for that district. Lot line adjustment MIS 90- 05 satisfies the above criteria. No additional lot is being created by the lot line adjustment. The applicant is also applying for a minor land partition as discussed below. Tax lot 4103 is in .reared in size from 8,16 to 9315 square feet, thus exceeding the 7,500 square f .mot minimum lot size of the R-4.5 zs. ning district. No structure = or lots will be in violation of the site development or zoning district regulations as a resu..t of the lot line adjustment. The proposal must islssso meet the minor land partition criteria of Section 18.152.040 (Partition Approval Criteria) . They are, as follows: 1. The proposal conforms with the City's comprehensive "plan The proposed partition complies with all statutory and ordinance requirements and regulations; Adequate public 2acilitiets are available to serve tta proposal; All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvessAr t meet City and applic' bile agency standards. The proposal conforms with the City's Comprehensive Plan. ]Lt complies �y requirements regulations. Adequate Public facilities are available to serve the proposal. The lots conform with all .statutory and ordinance re ire»nts� and re l��t to tk s else and dimensional requirements of the R -4.5 zoning district. Proposed improvements meet City and applicable agency standards at this time. However, as noted in the Engineering Division's comments, if the applicant intends to further develop tax lot, 4104 or otherwise increase the number of dwellings being served by the proposed access, then the proposed acceesway will have to meet City standards for public street and be inspected and approved by the City. NOTICE' OF DECISION SILP 90 -05 /MIS 90-06 AtTPNE'SS PACE 3 Tree Remova3. The applicant must apply for a tree removal permit prior to removing any tree with a six inch diameter or greater at four feet above ground level Staff encourages the applicant to preserve the assortment of trees established on the subject parcel. C. DECISI0I3' The Planning Director's designee for tLe Catty of Tigard approves MLP 90- 05 and MIS 90 -06 subject to the following conditions: UNLESS OTHERWISE INDICATED, ALL CONDITIONS SHALL BE NET PRIOR TO OBTAINING A BU LDING PERMIT. 3.' A partition survey plat 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 responsibilities, and b. A 'permanent exclusive 15 -foot wide, public sanitary easement extending across the newly created parcel. The easement shall be executed and recorded on forms provided by the Engineering DivittUion, referenced on and becoming part of all 'applicable parcel deeds, and approved by the Engineering Division before recording. STAFF CONTACT: John Ragman4 2. The agreement shall be executed boo. the applicant, on forme provided by the City, which waives the property owner's right to oppose or remonstrate aagainet a future local improvement district formed to improve SW Landau Street. STAFF CONTACT: T John Flagman. 3. The applicant shall obtain a letter of serviceability from the P right-of-way Transportation of Washington County, to Perform work within the ri9f Po Department of Land Use and . . � y . A copy of S.W. v%.�1. Landau Street. ,..... shall be provided to the city Engineering eerin Division prior to issuance of a Street Opening Permit. STAFF CONTACT: John Ragman; 4. A driveway with curbs, and a paved, width of 24 feet OD an accesaway width of 30 feet, shall be installed before occupancy permit is issued. The length if the paved area shall be such that, as a minimum, it extendP to the north aide of the driveway that serves the northernmost lot created by the, mine land partition. The applicant should note that if further d P j driveway ds four . a public street and the rovementE mi�s�. meet City el.ans33r Place on lot 4104 the Subject drivents development is to take la must be inspected and accepted by the City. :STAFF CO TACT a T3rat Roast, Building Division (639-4171). NOTICE OF DECISION - I4LP 90.0S/HIS 90 -06 - BASS PAGE ,4 at w. 5. 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 THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL DECISION DATE INDICATE0 BELOW. D. PROCEDURE 1. Notice: Notice was posted at City Hall and mailed to: XX The applicant and owners xx owners of record within the reduired distance The affected Neighborhood Planning lrganizati is XX Affected govornm nt agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON X22 / 90 ._,UNLESS APPEAL IS FILED. Appals any ' party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal: must be filed with the City ..;,corder within 10 days after notice is given .nd seat., Appeal fee schedule and forms are available at Tigard City Bali, 13125 SW Ball Blvd., Tigard, Oregon., deadline ,for filing ;of ,an 3 :0 .as. May 22, 1 Ouesti9 : If you have gg anions, please call City . of Tigard Planning Department, City of Tigard City Hall, 13125 SW Nall Blvd;., Tigard, Oregon. I % r. PREPARED BY: Viola R. Goodwin DATE �elopment Review Planner APPROVED BY. Keith S. Liden DATE Senior Planner NOTICE 0 DECI: XON MLP 90- 05/MIS 90-06 -- BASS 'A. 133�.1� 2011#,Ii i LAND USE " DECISION APPEAL FILI.Nt ¢=+DRM The City of _ Tigard supports the citizen's right to participate in local government. Tidord°s Land Use Code therefore sets out specific avquirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in, proper form. To determine what filing fees win be required or to answer any questions you have regardiri: the appeal 'process, please contact the Planning Division or the City Recorder at 639 -4171. r 417 1 APPLICATION BEING APPEALED: • SPECIFIC GROUNDS FOR APPEAL OR REVIEW: • gyp e4U2 . Leak �1 o eF CnV 1S TO BE FINAL: _ _______ • SCHEDULED DATE DECISION ,rr • DATE NOTICE OF FINAL DT CI:tIO!!1 WAS GIVEN: /67 0 °F.r jr 7 4i--ie,`C,4HIi'3EiF- Ce 111 ed . (% �S4T itiee . �. , �, .,' B FOR OFFICE . "!SE. ONLY: R Dot - • a:. � ~ Time : r ,r pP A�� c{ By �' ye �Qal ilE .} .34001404400 04414400+34. A Y � ved A. To Form Denied A s l o Form B,y 1w/4846A '' iL c y aDc=1 13125 SW Holt Bivd:. P.O. Box 233'7. Tigard. Oregon 97223 503) 639 -4171 RE: ALP 90 -05 EIS 90 -06 May 20, 1990 9930 S.W. 77th Metzger, OR 97223 Mr. Keith S. Liden Senior Planner City of Tigard Washington County, Oregon RE: Decision Notice on HLP9O -05 & MIS 90 -06, dated City of Tigard 5/11/90 Burness Applicant. Whereas This applicant has had a lengthy history of involvement in the attempt to develop the seven are parcel of "Area of Special Concern #10, as designated in CP04'Metzger- Progress Community Plan, currently applicable since June, 1984; and acknowledged to be in compliance with statewide planning g oals by Ore on LCDC on April ril 27, 1984, to the detriment environment and surrounding neigneighborhood and further portions of this property been found, as noted in Washington County records as of g .� „ y plan, and Jan. 16, 1987, to be in violation of zoning laws mn�: she rommiti.c.*�it lase further, that he has been cited for illegal tree removal on various occasions, has developed non- compliance residences on said property, now, therefore, the following petitioners wish to appeal the aforement ioLed decision, and further request that said applicant meet certain conditions prior to further developmental consideration by any Ggverning `Body'of the City of-Tigard: in order to preserve the community 3tandards status ciu:l 1) Washington County records, (Annexation Order 2413) show that Tigard has Annexed 4, B nexed S.W. on Landau a Street between S.W. 75th and S.W. 77th, cont�.radictin page ?, of letter of notice ' of decision from Tigard: dated ..... 5 /11 /90n W 2) The only public access to the Burness property is via this annexed portion . i via the following county dedicated public roads: S.W. 77th, S.W. 75th, and S.W. Landau via S.U. 80th.. Each of these designated roads are pave: �d maintained by the adjacent property individual holders, wh o have expressed a desire maintain the status quo, and have no wish to upgrade them to a point that the county would agree to a..ume maintenance. A point in fact, we avn unanimous in our deci.s .on to continue our personal financial responsibility for the maintenance of these roads at their current standard. that in the event that Burners, 3) We further •.. . any property owner`orcdew �loperuwisheseto�develo this property to an or yP P y P develop p extent that would n increase the vehicular traffic, in vol qme or velocity, or impact the wilderness aspect oi the Ash Creek Plrodplaan and Wetland in Pagel v'�` • trehem I/4Po— /1 /s 96 -06 A.S.C. X10, Metzger Community Man that the property owner /developer be of required to be held solely responsible for the upgrading and maint n all affected access roads, and to specifically absolve all affected property holders on these roads from any involvement in any future L.I .D that any governing jurisdiction may propose relative to these roads and /or utilities involved therein. 4) If these conditions cannot be obtained, we are steadfast in our commitment to appeal any and all future movement leading to development of this property. 5) The City of Tigard has not complied with kxoper and timely notices to affected property owners, as legally required, (Letter of notice of decision was dated 5/11/90, with appeal filing deadline 5/22/90,'3 :00 p.m.) These letters were posted on 5/11/90, earliest delivery of 1st Class U.S. Mail is 5/12/90. It is evident that only six or seven business days (when city employees are available for information) were available to respond. regular monthly meeting 23rd of May, so the CPO body could not �res ond.CP'04M bylaws are explicit in requiring a vote of the body p y prior to sanctioning recommendations in the name of the C. P.O. . Our officers authority is granted and governed by the Body Politic. 6) The following petitioners have affixed their signature attesting they are familiar with subject proposed decision, and wish to voice their appeal. Address: Sign" i......71° Address: Signature: �`. b y ca a 1'9yw► �.`�,,� Ca �, W � ♦ 8 ✓ Address: Signature: 9C1 a0 . Pcreknrs. � c-e Addres: Signature: 4e /6 c u). gawiciA 1Uai �3 / .; cc: CP04M Wash. Co. L.U„ & T. OR., L.C.U.C. .-�► All T.i gna,tory petitioners City of Tigard 4,449,t24--71-4 Address: '77://f111 Address to /2 i ell; •etd/! % £41 I . ,e4o. 7 % /i 5 / , go/ d/ ve AddLss: Address•A -' ce t, Signatu (02-9":2 Sig re: Address: 75'i / S,tu , Address: 0 ,.s.w o �' .�J�c -- Sx nature: Address: Si. ` re: Address : /tV5 4t, , O ,�'�7 A3 Sign t.re: Sign ure: Signature: Address: %g,50 .5 CO 0 w Signature: rOLKAKN Si _..natu Address �j '$ t7O c`7 - g re. c. O! ? Address :"1'S a 6 () L3 Address' S1gklature • .. • +.r • .• n.. {I -,./ I •.1 [ • / /• ill /5 %op X. i Sire: Address: Address: Signatures .i cm ftD, ;oil. °?-77-7.3 .A-- Address: , �, �,� y Cigna u�re: 5'$'6," ,W. � 7 `.,, Ora • ,....,.....—... ''''---"c' ... viw: 0 v�j��� te �/ /r 4,essa 4...,.., r-i7o2g . S ature: kL.<:Z.r._2_g__e —Ai 27.''.5 fr-Zeege 6 77 S1.c. 77' Sig - tune: Address: +�_ r �' Address J ...s--- 5, Ga.i ' 7 ,4 Address - 11'""7 ,r9� 5-47' 7 Addy; es s Si.gnat F Sig tire: Signature: Signature: Signature: Signature::. 1Z2z.. Address: /47-4!) 74122r3 Signature: .� Cr32?) np bt) Address: Signature. Address; Address: Signature: Signature: Address: Signafi (2:9 9a1D-...:1711\ }r4 , Address: Signature: Address: Signature: Address: Address: Address: Signature: Sig, ature Signature: I C DA► , J ?EST STRE E T SP3At Y — '.. ..�. LOL EL.MWOOp STREET RN " STREET 2 Parcels tihich include the forested land along the east fork of Ash Creek comprise Area of Special Concern 1o. Development of structures and land divisions in this special wooded area shall be planned end reviewed under the : Type II( review \Provisiora ■a the Community Development Code. Because of the importance of trees and other natural vegetation to the wildlife habitat and scenery of the com- munity, development shall be designed to minimize the are disturbed. Development approval shall not permit removal of more than fifty percent of the maturet standing trees (six inch diameter or greater) unless demonstrated that removal is necessary to permit d , =.velopinent of the site at the planned dtinsity. 'This demonstration shall be re\ eti ed . by the review authority to ensure that the applicant has used the flexc'Nility provided in Planned Development provisions of the Code to minimize removal. Development design and clearing for structures shall provkle for MaX41111,111 retention of larger trees. 1 i I I I I I I f No additional street crossings of the stream, except for SW 74th Ave,tue, small permittedd within this Are of S,secial Concern. Since the portion of this site east of SW 74th Avenue is within a park - deficient; area, public opetg space use of the part along the creek shall be considered dii' ing the development review proce 1, in coordination with the appropriate park/open space managing ageoey. Marten King, Chairman CPO 4, Metzger 9403 SW 80th Avenue Portland, OR. 97223 Thank you for your letter of August 22, 1988, regarding the trees that were approved for removal on Mr. Burness' property on Landau Street. I would like to outline the events leading to the issuance of the tree removal permit and . respond to the concerns that You raised. 8/1/88 - Tom Smith called to report that. trees were being removed on the Burness property. Coy Humphrey, Code Enforel.lant Officer, visited the property and had the work stolpped. Bob Burness called requesting a tree removal permit for a 'amber of dying alders, oeveral dead fir treesi, and a Douglas fir . twat :was , --threatening to fall. 8/5/88 - I visited the property, reviewed what was to be cut, and issued a permit. The trees to be removed accounted for less than 10 percent of the trees over 6 inches in diameter. With the exception of the one Douglas fir, all were dead or dying. 8/5/88 Mr. Smith called, arguing that removal of any trees violated the intent of ASC No. 10. I told him I felt the contrary but agreed to call Washington County for an interpretation of this provision. Because no one was available this Friday afternoo , and the trees could all be removed y Monday, I decided to withdraw the permit until th is matter could be resolved. I discussed the plan with Kevin Martin at Washington County aid determined that, although the method ` for protecting the aesthetic and wildlife valve 'f the are % was not clear, an aaalye' of the affect of the proposed tree cutting on wildlife would be appropriate, 8/18/88 - Gene Herb, wildlife biologist with the State Department of Fish and Wil life , Coy Hum h =e � Jerry tt pianner; and Bob Burness walked t n o pr pe t. Mr. Herb did not have any concern about the removal of the tree:b, with the exception of retaining some of the dead firs near the creek. Retention of at least three snags was deemed to be important for. birds. 13125 S��/ Hal Blvd. i . 8ax 23397i Tigard, Oregon 9 i 7223 (5O3)63-417i 0 LEGIBILITY STEM Marten !awe, Page 2 September 8, 1988 8/18/88 A permit Was granted with the condition that at least three of the dead firs remain. gn order to address safety ob liability problems, these remaining trees may be topped. It is the City °s intent to implement tho Metzger/Progress-Community Plan as it affects - areas that have been u" aexed. We also .h expect to adhere d ere to its provisions f r Cit indefinite Period, not just one year as you suggest in your P Yl be involved with periodic review of the Tigard Comprehensive Plan next year. At that time, the annexed areas in Metzger will an�isig�.fieant changes to the land use anticipate that the City will make p n e rovisions that y under the Matzger /Progress Community Plan. When the work on pre�ic exist gin the City will work with CPO 4.« Periodic review begins, During this interim period, the City staff is in a position of implementing and interpreting a Plan that it did not help create (other than inter-agency coordination). This drill. cause same confusion at times,, as demonstrated by the Burners situation, but the ste.Zf will do its beet to administer the Metzger /Progress Community Plata as contemplated by the residents and County staff. . , y that any questions or concerns regarding Please feel free to contact me if o nave an this CPO 4 and the City. or other planning Issues rant involve ® an h� C t.. . .' *Pi •.. <:4� ,�t+:r. "...�i.` ..e '1a ,rt !1 . +i r y . Ey ,• ^s. �t:•! r i �"' r., °: �Y .r " t {? r rv.r. r k��« i +• +. .w a • Ha•, .r L' r 1 4 `fi. ...} � � n.sy.r�. ;. .+ le , '.Pic eati' °r Sinter J.y, Keith S. yiden Senior Planner ht/6915D i-- co EXTENSION SERVICE Washington County Mr. Keith Liden Senior Planner City of Tigard P.O. Lox 23397 Tigard, OR 97223 Dear Mr Liden Mailing Address: Branch County Building Courthouse 2448 S.E. Tualatin Valley Hwy. Hillsboro, OR 97124 (503) 661.7007 l AUG 2 4198 CITI 01. TIGARD PLp NIP DEPT 9403 S.W. 80th Ave. Portland, OR 97223 August 22, 1988 On August 18, 1988, at the regular meeting of CPO -4, Metzger, discussion was made and concern expressed about the issue of tree cutting on land belonging to lair. Bob Burners. Mr. Burness ° land is part of a specific design element in the Metzger /Progress Commu" . t Plan (adopted as part of Washington County Ordinances #276, 279 & 280 on 12/27/83) identified as Area of Special Conc ern #10. Specifics of this design element include restrictions on tree 'cutting . 'De velopme At approval shall' not permit removal of more 'than fifty peccen of the mature standing trees (six inch diameter or greater) unless demonstrated that . re- moval is necessary to pert development of the site at the planned density . . ....Bevelopr.,nt•::design and claring for struc- tures shall provide for maxmum retention of ,larger trees A motion was adopted to rr.commend adherence to provisions of the Plan. CPO -4, Metzger, submits this recommendation realizing that, although the subject property is presently within the city bound- aries of Tigard, the annexation. is less than one year old, hence still falling within Washington County land use classifications. ince y, arten ng Chairman, CPO -4, ger atiE isrA t ry iHOMO : 41160 t a-l- Youth, Eoreswryy Communi) Development* Ene rg�arad t Sea Brant Programs. Oregon State University, Uhiteo States Department of Agriculture, and Washington County Cooperatintl4 The Extension Service provide equal access to all its activities and programs: CE_D4\ R CR E Sy EM BUT STREET 9930 S.W. 77th St. Portland, OR 97223 June 1, 1990 Mayor Jerry Edwards Tigard City Council and Tigard Planning Commission City of Tigard 13125 ;S.W. Hall Blvd. Tigard, OR 97223 CEMIED MUM JUN 7 1990 Lear Mayor Edwards, Council, and Planning Commission Members: The body of the meeting of CPO 4 Metzger on May 23, 1990, directed its Steering Committee to draft a letter to you regarding our interest in supporting the best comprehensive planning for the future land use in the " City Tigard, specifically Metzger area of Washington County and the Cit of Ti ar addressing the importance of Area of Special Concern 0. We have reviewed the CPO 4 M Community Plan as accepted by LCDC April 27, 1984 relative to Area. of Special Concern #10, the letter to then CPO 4 M Chairman, Marten King, dated September 8, 1988 from Senior Planner :Keith Liden, the applicant's application MLP 90-05 and MIS 92 -06, as well as the appeal and letter of petition of May 22, 1990: g g Community Plan, the ongoing Since the original area �l�asoproven othe forethought in this development within p plan, and especially the safeguards described as areas of special concern, to be appropriate and supportive of environmental protection and developmental supportive p balance. This has contributed to the maintenance of the liveability of East Washington County. The Area of Special Concern # #10, which includes forestsd land along the east fork of Ash Cr�ekoflooding ag sn Creek, identifies the importance of ttu s rvesof treesandotheratural vegetation to the e wildlife habi tat and scenery of the community. As stated in the desi g n element r community plan, ° 1p �s designed minimize the area disturbed". Provisions call for the applicant to e removal of mature standing trees. 'Development design and clearing for structures shall provide for maximum retention of larger trees.° We believe that statements in the City of Tigard's letter dated September 8, 1988, to CPO 4 M relating the intent of the City to uphold and implement the Metzger /Progress Community Plan as it affects areas that have been annexed, hould be demonstratively applied by your governing bodies. It is common knowledge that large treed areas, flooding creeks areas, wildlife populations and wildlife habitat within urban areas are being rapidly impacted and destroyed. Therefore, we suggest that a timely inventory of the trees, vegetat a ,n and wildlife habitat be ode and provisions be taken to protect this natural value system and the wooded creek area With sincere concern, we implore you each, and collectively, to consider our letter herein with all the pro ity you can muster, to ,protect ,' this area for the benefit of this and future generations of those who would benefit by this natural environment. 7,hank you for your considerati \on. Sincerely yours, Thomas O. Smith Secretary, CPO 4 M Steering Committee TOS:mf cc: Roy Rogers,, Washingto,m Coanty Czmmiasioner Bonnie Harts, ;,Washington County Commission Chairperson Oregon Department of Land Use and Development Oregon Department, of fish nd Wildlife MEMORANDUM CITY OF TIGARD OREGON TO: Ken Pox, City Attorney FROM Greg Berry, Utilities Engineer DATE. July 25,, 1990 SUBJECT: Burnes Sanitary Sew, r Easement Attached is a draft of a letter for your review that X intend to send to the owner of a, parcel that is refusing to consent t:, an easement for an existing public sanitary sewer. The sewer was accepted by the Unified Sewsa:age Agency in 1982 However, contrary to tho agency' a rules, a public easein nt was overlooked and not per wided subsequently, Imo^. Uurneas obtained an approval for ,a minor land partition (.:P 90 -0S) that requires the use of th0 public sewer crossing the parcel. A condition of appraival for that applicatian required Mr. Burness to obtain the required public eammen't. Since an easements is not available from the :weer, we intend to waive this condition of approval with the expectation that thr. easement could be obtai,ued by presca ipt L on. Brie Bowles of the USA, has been notified of this. Please call if you have ques tions v Your review and comments are requested by August 6, 1990. br /GB: b,urnees s p July 25, 1990 Kevin Simmons Tr a Anderson 1525 SW Landau Tigard, OR 97223 As discussed on July 12, 1990, with Mr . . Simmons, the City of Tigard has required, Mr. Nurnese to provide an easement for thh existing public line. Since you have 'stated that you will not consent to an easement for the portion of the public line crossing your property, the City of Tigard will accept a prescriptive easement in place of the affirmative easement requested of you. This will permit Mr. Sarnese to continue with his project without rerouting the sewer as currently proposed. Please call me if you require additional information, or if you have any questions. • bn° /GNH Sewer ,. gb 13125 SW Half Blvd„ R04 Box 233+ 7, Tigard, Oregon 9'7223 (503) 639 -4171 TIGARD'PLANNING COMMISSION REGULAR MEETING - ,DUNE 19, 1990 1. Commissioner Milt Fyre called the meeting to order at 7 :30 PM. The meeting was held at the Tigard Civic Center - TOWN HALL - 13125 SW Hall Boulevard, Tigard, Oregon. Present: Commissioners Barber, Castile, Peterson, and Saporta. President Moen and Commissioner vacant position) Senior Planner Keith Li den; Diane M. Jelderks, Office Assistant 1t. ROLL CALL: Absent: Staff: Fessler, Leeerett (one 3. APPROVAL OF MINUTES Commissioner Barber moved and Commissioner Fessler seconded to approve. the minutes as submitted. Motion carried by ma j on ty of Commissioners present. Commissioner Saporta abstained. 4. PLANNING COMMISSION ; OMMUNICATION • Commissioner Castile mooed to elect Ellen Fox as new Planning Commission a Secretary. Commissioner Fessler seconded the mote on . Motion � approved by unanimous vote of Commissioners present. Commissioners presented current Planning Commissioner Secretary Diane 0 Jeldecks with thank you cards expressing appreciation for her nine years of service to the Planning Commission as Secretary. 5. PUBLIC HEARINGS MINOR .AHD PARTITION MLP 90 -0005 LOT LINE ADJUSTMENT MIS 90-0006 BURNESS (NPO An appeal of a Director's Decision for a request to add an l 50 square `o of land from tax lot 4101 to the north side a quare foot strip ,;,,., . , the ablating tax lot 4103. Also approved is a request to partition on the resultant tax lot 4101 into two parcels of 7,9�b0 square feet and one O acres. ZONE R-4.5 (Residential, 4.5 units /acre) parcel cr) LOCATION: 7525 and 753'1 SW Landau Street (WCTM 1S1 25CD, tax lots 4103 and 4104) ` `" , • , presented Senior Keith L' den described the subject property and a map showing rthe� 1 oc. ti on. He summarized items submitted in the packet r ' a history of the partition of one large parcel into two and prove ���n ' R i ch was also apps oved. He parcels and the lot line adjustment which filed by Thomas 0. Smith, et ell ants primary � nconcerns involve protecting the wildlife addressed the items listed alp TheeapP � PLANNING COMMISSION MINUTES - JUNE 19, 1990 PAGE • habitat since the property is located in Area of Special Concern #10 of the Metzger Community Plan. Apper -lts also are concerned with road maintenance issues and traffic iw ..:t in their neighborhood. Senior Planner noted that SW Landau Street between 75th and SW 77th Avenues, has been annexed to the City, and is not under the County's jurisdiction as was indicated erroneously in the notice of decision. Staff is reconxnendi ng that the Planning Commission uphold the Director's decision. APPLICANT S PRESENTATION o Bob Burness, 7531 SW Landau Street, Tigard, OR, r.wner of the subject property, described the portion `;} Landau covered byY a nonremonstrance agreement he signed as a condition for approval of the Minor Land Partition. He asked the Planning Commission to uphold the Director's decision. o There was discussion and clarification for Commissioners by Senior Planner concerning street jurisdictions and what action was needed. PUBLIC TESTIMONY Thomas 0e Smith, 77th, Smith 9930 SW 77th Tigard, CPO #4 Steering Committee, ® expressed concern about excessive tree removal and damage ;to the natural wi l d; l i fe habitat which has occurred in an area of sensitive lands. He uest i oned validity of tree cutting permit held by Bob Burness, property questioned wner and developer. He is also concerned about increased population density which may result in this neighborhood. Senior Planner Li den explained that the tree cutting permit is a separate issue from that of partition. He addressed the issue of �:. procedures for noti ficata pan and hearing process for land which has been • City and rebarred to the standards and guidelines set forth annexed to the q'. Urban Planning Area Agreement (UPAA) and, Metzger /Progress CommunitytPPlan. �He stated that policy is for the City to follow y pp a and he .pointed utfthat standards that closely a roximat� the County s, 3' interpretation there are some differences between County and City those standards. o Kevin Simmons, 7525 SW Landau, Tigard, read a prepared statement • Planning Commission with a video tape tie • and provided the P1� 'ssion rv� filmed concerning the adverse environmental impact the development `is 9 r- had on the Ash Creek wildlife habitat. He noted that the video was oa submitted •he applicant has not been to illustrate contentions that t to set code. He requested following t thtapeeoeabiven�toethe� propr appropriate for their review. •� thet the tape :. �_ pP Ken , Tigard, the ... n Beebe,.. 767.a SW Landau, stated that tap dead end streets (74th, 75th, and 77th) are unimproved; and the current neighborhood is very I � .....'',� su1 t i n i ncreasen about the per desirable, crimes�rrQe� imdroe�e�nen,,sHreexpressed concern traffic livability i f future p. volume and speed. ILI PLANNING COMMISSION MINUTES - Jt 19, 1990 PAGE 2 • Senior Planner answered questions from Commissioner, ce3 cerni ng future development in an area of special concern. REBUTTAL o Bob Burness discussed the trees that have been cut, and state: the tree cuiti'ng permits he had were valid. PUBLIC HEARING CLOSED Commissioner Saporta stated he was opposed to piece meal development of property in areas of special concern. o Commissioner Peterson suggested the last minor and partition should have had a public hearing. ® Commissioners Barber, Castile, and Fyre favored upinol di ng the original decision. Commissioner Fessl er explained her interpretation that this mi nor land partition is within an area of concern, and therefore she is in favor of approving the appeal o Keith Liden suggested leaking at policy dealing with areas of sp& ia1 concern during the periodic review and modifying the policy wher!2 applicable. Commissioner Castile moved And Commissioner Barber seconded to der' the appeal of MLP 90-0005/Lot Line Adjust gent MIS 90- 00060 Commissioners agreed the intent would be to make a subsequent motion to bring all special areas of concern into the public hearing process. Motion failed 3 to 3. Commissioners Saporta, Fessler, and Peterson voting no. Peterson moved and Commissioner oner Fessl er second Commissioner � seconded to uphol d the appeal of Minor Land Partition MLP 90- 0005 /MIS 90 -0006. Motion failed 3 to 3. Commissioners oners par'oer, Castile, and Tyre voting nai. , Discussion followed concerning the treatment of areas of special concern and interpretation of County polity. It was determined that lack of oo information and public hearing addre sing the issue of Area of Special Concern #10 are valid reasons to uphold appeal. Senior Planner Keith J Liden affirmed that applicant gay appeal the appeal to City Council OD • Commi sti oner Peterson moved anti Commissioner Saporta seconded to Uphold uu the appeal of Minor Land Partition MLP 90-0005/MIS 90-0006. Motion carried NY majority of Commissioners present Commissioner Castile vot og no PLANNING COMMISSION MINUTES - JUNE 19 1990 PAGE 3 TUALATIN VALLEY rm. lc RESCUE AND BEAVERTON FIRE DEPARTMENT 4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526 -2469 • FAX S`6 -2538 .dune 21, 1990 Mr. Bob Burness 7531 SW Landau �1 T gard OR 97223 Dear Mr. Burness: Rv Burning Permit #3630 Due to the numbr of complaints that we have received concerning the burning of debris, we are 'hereby revoking your burn permit effective immediately. Very truly yours; a "VOW t Smoke Jt a ectors Save Lives TIGARD PLANNING CCMMISSIri)N REGULAR N STING JUNE 19, 1990 1 Commissioner Milt Fyve called • zi: meeting to order at 7.30 PM. The meeting was held at the Tigard Civic Center - TOWN HALL - 13125 SW Hall Dou1l evard, Tigard, Oregon. 2. ROLL CALL Present: Commissioners Barber, Castile, Fessler, Fyre, Peterson, and Saporta. Absent: President Moen and Commissioner Leverett (one 4acant position). Staff: Senior Planner Keith Liden Diane M. Jelderks, Office Assistant III 34 APPROVAL OF MINUTES Commissioner Q rber moved and Commissioner Fessi er seconded to approve the rn'7 notes as submitted. Motion carried by majority of Commissioners preen t, Commissioner Saporta abstained. 4. PLANNING COMMISSION COMMUE'IICATION o Commissioner Castile moved to elect Ellen Fox as new Planning Commission Secretary. Commissione r Fessler seconded ihre tot ion. Motio7 was approved by unanimous vote of Commissioners present c Commissioners presented cure ent Planning Commissioner Secretary Diane Jeldirks with tank you cards expressing appreciafiion for her nine years of service to the Planning Commission as Secretary. 5. PUBLIC HEARINGS' ADJUSTMENT MIS 90-0006 BURNESS cry.. anon. r�rrnws:�nwer�m�.ss��.6s�r CO( �_. .. 5.1 MINOR LAND PARi'1T'IOPI PULP 90-0006 LINE (NPO #9) An appeal of a Directors Decision for a request to add an 1,150 square foot strip ,^, f land from om tax lot 4101 to the north side of the a but ug tau lot 41C3 Also Approved is a request to partition the resultant tax lot 4101 into two parcels of 7,950 square feet and one parcel of approximately 2. D `,acres ZONE: R -.4.5 (Residential, 4.5 units /acre) LOCATION. 7525 and 7531 SW Landau Street (WC TM 1S1 25CO3 tax lots 4103 eird 4104) Senior Planner Keith Liden described the subject property and presented a ma: °° showing the location, He summarized zed items submitted tted i n the packet- and provided a history story oft the partition of one large parcel into two parcels And the lot line adjustment which was al go approved He -�� he Items listed i n the appe &L filed by Thomas 0. Smith, et al dre � �l aappellants' primary concerns involve protecting the wildlife PLAN4IJG COMMISSION MII LI ► :S - JUNE 19, 1990 PAG • habitat since the property is located in Area of Special Concern #10 of the Metzger Community Plan. Appellants also are concerned with road maintenance issues and traffic impact in trAei r neighborhood. Senior Planner noted that SW Landau Street, between 75th and SW 77th Avenues, has been annexed to the City, and is not under the :aunty's jurisdiction as was indicated erroneously in the notice ` of decision. Staff is recommending that the Planning Commission uphold the Director's decision. APPLICANT'S PRESENTATION o Bob Burness, 7531 SW Landau ;street, Tigard, OR, owner of the subject property, described the pertion of Landau covered by a nonremonstrance agreement he signed as a condition for approval of the Minor Land Partition. He asked the Planning Commission to upho d the Director's decision. There was discussion and clarification for Commissioners by Senior Planner concerni„ n street jurisdictions and what action was needed. PUBLIC TESTIMONY Thomas 0. Smith, 9930 SW 77th, Ti gaa J,' CPO #4 Steering Committee, expressed concern about excessive tree removal and damage to the natural wildlife habitat which has occurred in an area of sensitive lands. Ht questioned validity of tree cutting permit' held by Bob Burness, ;property owner and developer. Ha is also concerned about increased pppul ati on density which may result in this s neighborhood . Senior 'Inner Li dens explained that the tree cutting permit is a separate issue from that of partition. He addressed the issue of procedures for notification and hearing process for land which has been annexed to the City and referred to the standards and suit,,{ ' i nes :at forth by the Urban Planning Area Agreement (UPAA) and Metzger /Progress Community Plan. He stated that of i cy is for the City to fol l o standards that closely approximate the County's; and he pointed out that there are some differences between County and City interpretation of those standards. Kevin Simmons, 7525 SW Landau, Tigard, read a prepared statement Exhi btt I) and provided the Planning Commission 1 th adevelopment vi te hes filmed concerning the adverse environmental impact r the e had on the Ash Creek wildlife habitat. Hew noted that the video was submitted to illustrate contentions that the applicant has not been following acceptable procedures and adherf ng to set cods. pie requested that the tape be givel to the appropriate staff for their review. o ;yen Beebe, /675 SW Landau, Tigard, stated that the dead -end street (74th 4 75th, and 77th) : are unimproved; and the current neighborhood is x p essed concern about the r very desirable, crime free, and rural He expressed l i vabi'z i ty if future. street improvements result °i in increased traffic volume and speed. PLANNINGCOMt'iISS ;tON MINUTES - 090 PACE: o Senior Planner answered questions from Commissioners concerning future development in an area of special concern. REBUTTAL o Bob Burness discussed the trees that have been cut, and stated the tree cutting permits he had were valid. PUBLIC HEARING CLOSED p Commissioner Saporta stated he was opposed to piece property in areas of special concern. o Commissioner Peterson suggested the last minor land have had a public hearing. o Commissioners Barber, Castile, and Fyre favored upholding the original decision. meal development of partition should Ccmmi ssi over Fessler explained her i nterpretati ern that this minor land partition' is within an area of concern, and therefore she is in favor of approving the appeal (ei th Liden suggested looking at policy dealing with area of special zoncern during the periodic review and modifying the policy where applicable. Commissioner Castile moved and Ccmmissioner Barber seconded to deny the appeal of MLP 90-0005 /Lot Line Adjustment MIS 90 -0006. Commissioners agreed the intent would be to make a subseque it motion to bring all special areas of concern into the public hearing process. Motion failed 3 to 3 Commissioners Saporta, Fessler, and Peterson voting no. Commissioner Peterson moved and Commissioner Fessler seconded to uphold the appeal of Minor or Land Partition MLP 90 -=000E /MIS 90-0006. _.�stilo a' Mc:t3on �faileu 3 to 3, Commissioners Barber, �=�' and Fyre voting no. Discussion followed concerning i the treatment of areas �� g treatment rasa of special concern and interpretation of nounty poli'cyF It Was determined that lack of i of ,rr ati or1 and public hearing addressing the issue of Area of Special Concern #10 eve valid reasons to 4pho id appeal. Senior Planner Keith Liden affirmed-that applicant may appeal the appeal to City Council. Cclmmi ss'G craer Peterson moved and rommi ssi boar Saporta seconded to uphold the appeal of Minor Land Partition MLP 90-0005/MIS 90-m 0006. Motion carried by majority °V Commissioners 'resent Consni ai oner Castile voting no PLANNING COMMISSION MINUTES JUNE 19, 1990 PACE 3 Commissioner Peterson stated findings: Public hearing should have been held concerning areas of spe:,i al concern before any decision was reached. Discussion followed concerning whether the mat per should be tabled; or City Council can call it up. It wan agreed that matters involving areas of special concern should be brought be d'ore Planning Commission in public hearing process. 5.2 ZONE ORDINANCE AMENDMENT Z0A 90-0001 ,C0WaEHENSlyE PLAN AMENDMENT CPA 90.0005 SENSITIVE LANDS An Ordinance amending Comprehensive i 2 2 Pa��� policy 3o a and 3 2.��3. and g. unit. Denel u meat Code, allowing alt .rations in Chapter 18.84 of the Community p the 100 year fl oodpl ai n in areas designated as residential for certain community recreation, utility, and public support facility uses. Senior Planner Keith Liden reviewed pr p sed language changes and reasons staff is recommending these changes. Commissioner Berber moved and Commissioner Pete': �4 nn seconded to forward . the changes to Lity Council with recommendation for approval. Motion carried by unanimous vote of Commissioners Oresent 5.3 PERIODIC REVIEW There was discussion of schedule of periodic review., Senior Planner Liden eryacts to have drafts ready dealing with issues of-manufactured homes, revisions to landscape and screening to discuss at- next Planning Commission Meeting. Commissioner Barber submitted to staff some suggested methods for submitting code revisions to improve consistency and clarity. 6. OTHER BUSYNESS There was discussion concerning selection of nee commissioners and new Hearings Officer. Senior Planner liden raised the issue of reappointment of commissioners. 7. ADJOURMENT - 9 :25 PM Ellen P. Foxe Secretary efi`PCM6 -19.90 �� ,G . d N� 090 PAGE P.LANN N,$ COMMISS194 -. MINUTES. N.._ 13125 S.W. HALL BLVD. P.O. BOX 23397 TIGARD, OR 97223 (503) 63P-4171 ' •:','•...",",:''''Xt'.,,'":',,''' • '' ' 4'4 -,k ' , ' ' '',',", '' ''''''''' :''''' , ..• . ' .' ''''''' 1.0.-,''''il - ''' ' ' — ' ' '. :,,':„4,1.`..11;,', ,.';',ki,,:',,;:',,,r•.•,;),;01..,-,„,,..'•:.42./ ',, - — 't!,.. b" ,„ , , ,', ' " '''' J, '':`,;,,,, ' '' ;•,,•, • , ,,,,, . • ,:),, • , ,,, ,,,,. „ ., • '''' ' '''. e l'' ' Q. i ' eV , _ 4, ,i,' ','Oldelke, ' -.lee '. ' r: :4'44 ,O!' .: , , :, , , ei ,:,., ' ,,,, • .,._ 4( „. , , L,e' . , "•„; - ',.,e-',., .(4' t.? ' , , , . , . , . . ............. • ' A- - . — a--r; A .,.., • ,, : , • • - "4°/: 7"'- _.14.1 4 ..,09. , fr,iiie-/e'e .........-..-.....-......... -,0e2 ,' .. . ' /Q i AZ1'r , ,...... . , ., . , 'r,'.'"7. ' .■ o'' 1. - •SI(NED-'' . ., :,.. • • . , . , ,, .•.„,, ,, . , , '••• ., '. 44, -,,' • REPLY , : -.11P :b72- 4e8,6.5. 1-4494V, At-12(:24.81:. 47,1044- 1 1,11-5,4g1t) et) "Pe., 4 6), /1.,L,,,l/ )71547 /4,01 I PA) $- *1'/L-------216.-2-291."--') L SIGNED DAIIE to , PLEASE RETURN ORIGINAL COPY WITH REPLY, KEEP PINK COPY FOR V'C)11113 RECORDS,,i, FILE COPY AS HX ?GTON COUNTY Interoffice Corre6pondenc® DATE: June 14, 1990 -TO: Scott ring, Land Development FROM Greg Glemmoiv s, Operations Engineer, =. ,�: C,....� -, SUBJECT: Sw LANDAU STREET Based on the attached documentAtion provided by Mr. Bob Furness, the required improvemeints for SW Lat.dau Street should be met with his proposal. This would require placing an additional 1 -1/2" of 3/4 " - 0 ' crushed aggregate over the full width of the road. Thin, is a change from my previous memo to you (February 27, 1A0) which required 4" of aggregate. Thee is still a requirement for the widening and the double bituminous chip seal. c: Mike Maloney Abbas 'ki -Sh tfii Paul Ward c /file rd/file Ib ' Re 4 Improvement of SW Landau Street, ?7t'i avenue to 476' east. Greg, In previous discussions of the improvements needed on Landau nda,u your Street x recommendation was a 4" gravel base and two lifts of oil and chips, twenty-two feet wide. I have cored SW Landau Street in foul: locations and found the 3/4-0 to be i. inches thick at the three easterly tests ar'd 3.d i � 4“ at the westerly test. Under the 3/4 -0 was a layer of 1; -0 an :? nch and a half or more in depth, for a gravel depth of 4 3/' . or more y Tigard �, asked for 6" of gravel under the paving The city of ��, arc has and a 24' paved v►idth. The � to ��� i wide. P present road�a is from 1 S b I propose to excavate 4 � `lown each side of the road to a.ncrear:;, the width to 24' and fill with 7,4c-0 rock. Then rock the entire 24' with 1$" of 1/4 -0 givint, cross section of 6" thick and 24' wide This world be topped with twl layers of oil and chips. Bob Burness 246 -0406 7531 SW Landau Str et Tigard, OR 9'?223 .64Qo 50 0- 115 800 1,09 .Az 14B is 340 0. 11..sTzl{., S.0:1:7~ . r�sr- .,.oirtdr.�•.t�...Pn�:ml�svv. .+wrweswaa i.,�� �swrrrr 3: a 4 � . N_ D' A # 7 ° - !' _ E E o `"_ `Te-a T" j4CL.eb S8 *° 4$•- a®as,,.. 01-&1" 6Q 3 O.Z? 3. 1S-0.0 3 2, iso.ol LANDAU 190.3 114 CORNER 190.3- 500 600 5 t O. :a t tee 190.05 190.3 2P00 190.03 .90 3 1100 577 82.3 1000 1001 wAiik lium■ TO: Planning Commission MEMORANDUM CITY OF TIGARD, OREGON F8tnM: Vi Goodwin, Assistant Planner AGENDA ITEM DATE: June 15, 1990 SUBJECT: Appeal of Minor Land Partition MLP 90- 00:.��,Lot Line Adjustment MIS 90-0006 Attached to this document you will fin: s t k Exhibit A: tho notice of decision for. MLP 90- 0005 /M10 90 -0006 which includes a site /vicinity map that shows graphica ly what was approved Ex .,.bit B: the appeal document Exhibit C a copy of the ,text and trap of Area of Special Concern #10 from the Metzger- Progreps Community Plan Exhibit D: a letter Ire= Keith Li,de" t .o Marten King dated September 8, 1988 concerning tree removal on the . swab j est site and its relationship' to the "Area of Special Concern #10" SiA®i gn tion' Exhibit L: a map ehowi, g the type of surfaces in existePoe on the various streets di,sc1Asa ;:d in the appE al Exhibit IP a ?Letter from Mr. Thomas Smith ac1.dreosed to the Mayor,, the Council and the Planning Commission Background summary: On May 11, 1990 the Director's deaionee approved MLP 90- 0005 /MIS90- 0.J006 allowing g p applicant, mess, to partition a larg�' parcel of land intvwtwo P arcels The net effect of the partition is to create a 7,590 equare foot parcel intended to be used as the site for a single - family dwelling. The remaining 2.8 acres contains the bulk of the parent parcel. As a condition of approval the applicant was required to execute an agreement wa vin hie rig ht to o p pose a fiutura locxl impr ovement discr formed to improve SW LandaU Street. Ae a part of this application v lot line adjustment was also approved. A previous u minor p land artitiOn and lot line ad= ustMent (MtP 8S -20/M r19 -27 ) foss an adjacent property (also owned by Mr. Burrltese) was apple ovod in Z oruary, 19:0. This partition allowed the creation of three 7,,S0 ouare foot cntial lots and ad j usted the ®- ize of an existing 'residential. lot. As a condition of approval the applicant wsS re qu " ed to pro Vide street improveme nts STAY? COMMENTS in the form of an interim 24 foot wide asphaltic concr ate surfaoe along the Landau Street frontage of the site This condition ' was applied because we were informed by Washington County that Landau Street. is a County Road and the Ccunty requested street improvements done to County standards in their comments on the proposal. The County's . request for street !improvements became a condition of approval, as is usually the case with "other agency" rolquests. Staff commen� ;a regarding the awneal of i�LP 90 -0005L fS90 -0006 The following notes are numbered to correspond with the numbered items listed In the attachment to the appeal filed by Mr. Thomas O. Smith, et al.. The appellants point out that SW Landau Street, between SW 75th and SW 77th Avenues, has been annexed to the City (Boundary Commission Final Action #2413), contrary to comments made in the notice of decision which indicated that Landau Street is still under the County "o juri dicta on. Sts .££ Respon r..4® We have e: determined that the appellants are tJorrect, Landau Street is within the City's jurisdiction. The appellants assert that, as a group, they have been and are willing to continue to be he'd responsible for the maintenance of SW 77thr� S 75th, and SW 90th Avenues. They also point out that access to Landau Street is provided by these three streets staff Ras on se Appellants are ' correct regarding the streets that provide access to Landau Street. The nature of the agreement among the apellants is not known but the the County does not maintain 77t/1 and 75th Avenues. The level of maintenance performed on 80th is described as minimal. In general, this means the County does emergency repair and hazard abatement only Two points are made here. First, that any person who develops the sub4,act properly should be held solely responsible for the upgrading and tea .ntenance of all affected access roads (listed in item , 2, above) and ail affected property owners should be absolved from involvement in any f=uture local improvement district. Second, the appellants point out that the eurnesas property iss located in Area of Special; Concern #10 of the Metzger Community Planes Staff _Res Knee; Street imprc,vements are not typically required as a condition of approval for a minor land partition. Instead the applicant Is usually required to dedi :ate right -of -way and sign a nonroanonsti ante agreement for a future local improvement district (L. I.D.) in accordance with Code Section 18.164.030.A. Whan an L. a.0. is formed all propeitiee p. { that benefit fi � the. Street improvements are ex�� ►ecteal to »artc� pate. creation of elot benefit pro�.ne►ti�eht o e are approximately 30 properties f an'e additional would In this case, the � from im of Landau Street. The cre �y�u.. by the a licant d t: qu' g the applicant to Le iaolely ,� PP arrant ,. a 1.r3.*`i see not w responsible for providing extensive street improvements. STAFF COMMENTS TO APPEAL OF MLP 90 -0Q05 - BIRNESS PA(E 2 With respect to Area Special Concern #10 of the a atzgcr CoAmunit; Plan, staff recognizes that the subject property i within the boundaries of this area. This issue was previously addressed in a letter from Senior Planner Keith Liden to NPO #4 Cnairpexscn Marten King which is attached to this summary and identified as Exhibit B. Tr addition to the discussion of ASC 010 in Exhibit B, staff asserts that the site -,t the current minor land partition application being appealed contains l.utt a few times a ad thai the intent to preserve trees in ASC 010 applies more to the norther it, portion of the property owned by the applicant than to the po;ction curr tntly under consideration. Furthermore, the guidelines of ASC #10 allow up to 50% of the existing trees with :a dianeter of 6 inches to be reeved. Staff would not encourage somoval of any more trees than nd ceseary, but also points out that the, intent of nsc #10 ire not to prevent nt development in the area States the appellants intent to appeal any and all future development. Staff response is .ot necessary in this instance. Asserts that tha City has not complied with proper end timely notices to affected property owners. Staff Response: The notice of decision was mailed May 1 "�, 1990. The appeal filing dead?,ine was stay 22, 1990 Section 18.32 ,300 requires that the ► mailing date not he counted in the appeal period. Recipients of the ne ice of decision were given 10 days to appeal the decision as required by ;she, Code. Siclreatures of appellaante, no response necessary. Staff Recommendation Staff recommends that the appeal be denied and the approval of Minor Land Partition ZnJP 90 -0005/ Lot Line Adjustment MIS 90 -0006 be upheld .4; y., -4� Ne STAFF COMMENTS ¶LO l,PPEAL Or Z4LP 90 -0005 - BD'1tRESS PAGE 3 CITY OF TIGARD NOTICE OF DECISION MINOR LAND PARTITION ELP 90.05 /LOST LINE ADJUSTMENT MIS 90 -06 BUR4ESS APPLICANT APP .ICATION: A request for approval to allow a lot line adjustment "between tax lot 4103 and 4104 ( see exhibit A) which will result in a 1150 square foot increase in the size of tax lot 4).03. also requested is minor :Lind partitica approval to Mallow the realai:nde;r of tax lot 4104 to be divided into two parcels containia<ig approximately 7590 square feet and 2.8 acres. Access to d,1.ly parcels would be prcviasd , by an access easement on tax lot 4104. Location: 7525 and 7531 SW Landau Street (WCTM 1S1 25 CV, tax lots 4103 and 4104) . Zone: R -4.5 (Residential, 4.5 ui,,its /acre; nECISICN Notice is hr,reby given that the Planning Directoi s designee for the C :ty of Tigard has APPROVED the abcve application subject to conditions. The find .rugs and conc.!: niona on which the decision i , based are nOted low. • FINDING OF FACT • Backgro nkd The sub je ct parcels were an, nexed to the City of Ta gard through the Northeast . , er annexation in November,. ,1987.: FCA 87 -05) . A lot lin a 1 u 'fie � nt ..o>:° adjacent fast, lots was �' �tp�Rarove%:� iri: "planuary 1S219.' A minor_ land partition and lot line ad j *at tc (11412 89 -20/M 89-27) approved, in January, 1990 crated a parcels from adjacent tax lot 410a. No other land use applications for these parceLs have been reviewed by the City. • .. VicsAg y Intforma ion e-o North of the subject parcels t ;e propertiGs are zones R -4.5 ow, ` Properties adjacent to the subject parcel to th =: south, oast and . a .. ] ro ac�iee west are /orated in Washington County and zoned R--5 for ing'! e I.- family residences. Further to the west prcrtis are also zoned E-4.5. 4 3 Information and Prop osa: nee .w,;: iPW. $,on ap Site In�.orma4>, o,� h ; CD A single family dwelling is located on tax lot 4103. A few fit„ cedars, fruit and & &ciduoue trees are scattered over the site. The applicants own abo ut 7 ac 'es in this area including the subject: parc1s NOTICE DECISION M~ '� �'%� 1 0•'-� - � YS PAGE 1 '%rOTICD+ c�F DT'.C1..�20�1` �1§�.+ti 90- O�Jj,al.�•., 9..> c16 �B' 1 The applicant proposes to move the common lot line between tax lots 4103 and 4104 (see exhibit A 10 feet to the north resulting in an increase in the size of tax lot 4103 fre*s 8165 to 9315 square feet. The remainder of tax lot 4104 is then to be tt.r ,titioned into two parcels containing 7590 square feet and 2.8 acres. Access to parcels will be provided by an access easement located on tax lot 4104. Agency and UPC Comments Th_ .agiaeering Division has the following comments: a. Although not shown, , acces ` J or the lots appears Ito be provided by extendin7 x: n driveway proposed in a previous minor land partition (MLP 89 --20) approved for the ad j a.cent parcel that connects to SV/ Landau Street. Section 18.108.070 of the Code requires the driveway to have a minimum paved width of 24 feet and an accesway of thirty feet. Garbs and a sidewalk are also required. Because of the prevfously . approved application for a miaor land partition on an adjacent parcel, the common driveway will be serving six residential parcels. This is the maximum permitted by the Code. Furthar division of the remaining p �el would require th e construction of a public street. The applicant should be made aware that the proposed private driveway cannot become Part of the public street unless it is inspected and accepted by the City. SW Landau Street is an unpaved County road. The Department, of Land Nsa and Transportation of Washington County has determined which improvements should be required for the adjacent Minor Land Partition (M LP 90-05) . The These same improvements should be required for this app1icati owe.' Although not shown, sanitary serer service is available from a sewer accepted by the Unified Sewerage Agency in May 1988. However, the line is not within a public easement. . y The Building Division gtnesi��. wn*cther there are an existing' 4103 ctu and 4104 and commented that . existing utilities should be lot � � 4103 and 4 nd g s near the proposed lot ,line adjustment between tax to /coated and easements provided where they cross property lines. NPO w 1, TCI cablevision of Oregon, P.G.E., Metzger Water District, and Fire District #'1 have reviewed the proposal and have no objections to it No other comments have be stn received. NOVICE' OF DECISION H P 90 -OH /MIS 90 -06 BUNNESS PAGE +'' ANALYSIS AND CONCLUSION Section 18.162. 060 (Lot Line Adjustments: Approval Standerds) of the Community Development Code contains the standards of approval for a lot line adjustment, they are as follows: 1.. An additional lot is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustre_e is not reduced below the minimum lot size established by the approved zoning for that district. 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the alto development or zoning district regulations for that district. adjustment Lot line satisfies the above criteria. No additional lot is being created by the lot line adjustment. The applicant is also applying for a minor land partition ac ►digcussed below. Tax lot 4103 is increased in size from 80165 to 93:45 square feet, thus exceeding the 7,600 sque a foot minimum lot size of the R--4.5 zoning district. No structures or lots will be in violation of the site development or zoning district regulations as _ a result of the lot line adjustment. - The proposal must also meet the minor land partition criteria of Section 18.162.040 (Partition Approval Criteria). They areas follows: 1. The proposal conforms with the City's comprehensive 'plan; 2. - The proposed partition complie with all at = tutory and 'o .dinanc requirements, and regulations; 3. Adequate public facilities are available to serve the proposel 4. All proposed lots conform to the size and dimennional requirements; of this title; and 5 All proposed improveeents meet City and applicable agency standards: The proposal conforms with the City ' s Comprehensive Plan. It complies with all statutory and ordinance requirements and regulations. Adequate public facilities are available to serve the proposal. The lots conform to the size and dimensional requiremmsnts of the R -4.5 zoning district. Proposed improvements meet City and applicable agency standards at this time However, as noted in the Engineering Division's comments, if the applicant intends to further develop tax lot 4104 or otherwise increase the number of dwellings s being served by the g being y proposed sed access, then the Po proposed accesawayr will have to meet City standards r .., a public street and be inspected and approved by the City. NOTICE OF DECISION - HLP 90- 05/R1s Tree Removal The applicant must apply for a tree removal permit prior to removing any trees witk a six inch diameter or greater at four feet above ground g applicant St�9�ff encourages the a licant to preserve the assortment of trees established on the subject parcel. C. DECISION The Planning Director's designee for the City of Tigard approves HLP 90- 0E and MIS 90 -06 subject to the following conditions: UNLESS OTHERWISE /NDICATED, ALL CONDITIONS SEAL BE MET PRIOR TO OBTAINING A BUILDING PERMIT. 1. A partition owns-elf plat and an outbound description shall be submitted to the End ,nneering Division before recording. The plat shall clearly shows . The access easement as well as ownership and maintenance responsibilities, and b. A permanent exclusive 15 -foot wide; public sanitary easement extending across the newly created parcel. The easement shall be exec��5 ted and recorded on forms provided by the Engineering Divisio,i, referenced on and becoming part of all 'applicable parcel deed _ , and approved by the Engineering Division before recording. STAPT CONTa : John Hagman 2. The agreement shall bet executed by the applicant, on forms provided by the City, which waives the property ; owner's right to oppose or remonstrate again& a future local improVement district formed to improve SW Landau Street. STA F CONTACT John Hagman. 3. The applicant shall obtain a letter of serviceability from the Department of Land Use and Transportation of Washington County, to perform work within the right -of -way of S.W. Landau Street. A copy shall be provided to the City Engineering Division prior to Opening STAFF CONTACT: John Hagman issuance of a Street n3.n Permit. ST APP A driveway . with curbs, sidewalks and a paved width of 24 feet wi -hin an accessway width of 30 feet, shall be installed before occupancy permit is issued. The length if the paved area shall be s° ch that, as a minimum, it extends to the north side of the driveway that serves the northernmost lot created by the minor land partition. The applicant should note that if further Pm place subject driveway development is to take lace on tax lot 4104 the must meet City standards for a public street_ and p . improvements ` the im ro�rement must be inspected and accepted by the City. STAPP CONTACT. Brad Roast, Building Division (639-4171). NOTICE Off" DECISION NLF 90--09 /MIS 90 -06 - BURNESS PA E 4 5. The submittal for a building permit shall include an erosion control plan conforming to "Erosion Contrpl Plane - Technical Guidance Handbook, November, 1989.) STAFF CONTACT: Brad Roast, Building Division (639-4171). THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL DECISION DATE INDICATED E ELOW. D. PROCEDURE . Notice: notice way posted at City Hall and mailed to: The applicant and owners XX Owners of record within the required distance XX The affected Neighborhood Planing organization XX Affected government agenda "wen 2. Final Decision: THE DELIS/ON MALL BE FINAL ON 5a2/90 UNLESS A APPEAL IS FILED. 3. 1; 'Any party to the decision may appeal this decision in accordance with Section 18.32.290(h) and Section 18.32.370 of the unity Development Code which provides that a written appeal must be filed with the City Recorder within. 10 days after notice is given and Dent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SR Hall Blvd. , Tigard, Oregon. The line for filing of apps - al " a .I'�ca® I'� 22 ® 3�3tD .. r` q 'r' • ir` � .. .. �r ,estione If you have question sp please call City of Tigard Planning Depart.Mcnt, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. PREPARED BY Viola R. Goodwin elopment Review Planner NOTICE OF DECISION - 1 P 9O -05 M1S 90 -05 ..:.HDR' SS PAGE 5 STRE T STREET OIL MS 111/ TAX 01 103 s legirtab LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to participate in local government. lrigard's Land Use Code therefore sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal "process, please contact the Planning Division or the City Recorder at 639-4171. 1. APPLICATION BEING APPEALED h . HOW DO YOU QUALIFY AS A PARTY: INNIA" SPECIFIC GROUNDS FOR APPEAL OR rrEVIEW .n7,e rjz 42a f„ , ' dbarf!), 2' .�'' -- }- ® /// P e? 6,1eco 4. SCHEDULED DATE DECISION IS TO BE FINAL: . DATE NOTICE OF FINAL DECISION WAS GIVEN SIGNATURES) /I' a *Mt )441****Xiti(404-X4t44-X-X-X4444-X46€44444000004. FOR OFFICE USE ONLY: R ceived 8y: Approved As To Fort, BY: Denied As To Form By: 444 D4-M* !' -*X*M 300 f0 0old t 0000 44001 ate • _ 'r Zk°�2Tirne: j3 y Dat • '1 i) Time Q Date: Time: �,rte� lw/4846A ,�; t�� a)Q AFC) 13125 SW Hail Bivd., P.O. Box 23397. Tigard, Oregon 97 223 (503) 6394171 Mr. Xeith S. Liden ` Senior Planner City of Tigard Washington County. Oregon RE: Decision Notice on MLP90.05 & MIS 90 -06, dated City of Tigard. 5/11/90 Burness Applicant. Whereas: applicant a lengthy history of invo:iverjient in This a i.icant has had ®f ' "Area Special Concern X10, the attempt to develop the seven acre parcel p as designated in CPO4 Metzger - Progress Community Plan, currently aplicab1e ,, with statewide be to compliance 'w^ "• since June, � g planning goals by Oregon �LCDC� on April 27, 1984, ,to 'the detriment of the environment and surrounding ^neighborhood property, and further that portions of this property ' have been '7. , ,und, as noted in Washington County records as of Jan. 16, 1987, to be in violation of zoning laws and the community plan, and further, that he has g various developed non-compliance residences on said property; ..* been cited for illegal ttre�.. removal on occasions, has p p P P Ym p therefore, the fallowing petitioners wish to appeal the aforementioned decision, and further request that said applicant meet certain conditli ns developmental consideration by any Governing Bod of the prior to further develet to preserve °y � g � zu• City of-Tigard, in order serve the community standards status quo. 1) Washington County records, (Annexation Order 2413) show that Tigard 75th and S W. 77th, contradicting has Annexed S.W. Landau. Street between S.W. � g 4: statement; 4, B on page 2 of letter of notice of decision from Tigard, dated 5/11/90. 2) The only public access to the Burness property is 'via this annexed tr ^. p ortior of S.W. Landa via the foil_ owr n g county dedicated public roads: S.W. 77th, S.W. 75th, an S.W. WLdau via S.W. 80th„ Each of these dedi aced � public roads are individually paved and maintained b y the adjacent property t quo, and have no status holders, who have �xp�ressed a desire to maintain the s pg t, point y would agree to assume wish to upgrade them �.� a Dint, that the count won th. maintenance. A point in fact, we are unanimous in our decision to continue our p personal finaaiai responsibility for the maintenance of these roads at 6- their current standard. 3) We further concur, without dissent, that. in the event that Burness, or any property owner or de or to an Y P p y p wishes to develop this property developer volume velocity, or erteni. that would ess�assecthofvthecAshrCreelaf Floodplrain�nd Wetland :� n impact the wilderness AAP 90-of s 90-06 A.S, C. #10. Metzger Community Plan, that the propeY;ty owner /developer be Cr 4 required to be held :solely responsible for the upgrading and maintenance of 'Gy all affected access roads, and to specifically absolve all affected property holders on these roads from any involver.ent in any future L.I.i that any governing jurisdiction may propose relative to these roads and /or utilities involved therein. 4) If these conditions cannot be obtained, we are steadfast, in our commitment to appeal any and all future movement leading to development of this ,grope:. ty. 5) The City of Tigard has not complied with proper and timely notices to affected property owners, as legally required, (Letter of notice of decision was dated 5/11/90, with appeal filing deadline 5/22/90, 3:00 p.m.) These letters were posted on 5x'11/90, earliest delivery of 1st Class U.u,. Mail is 5/12/90. It is evident that only six or seven business days (when city employee4s are available for information) were available to respond.' CP04M holds a regular monthly meeting on the 23rd of May, so the CPO body could not rspond. CP041 bylaws are explicit in requiring a vote of the body prior to sanctioning recommendations in the name of the C.P.O. Our officers authority is granted and governed by the Body Politic. 6) The following petitioners g g boners have affixed their signature attesting they are familiar with subject proposed decision, and wish to voice their appeal. Addres:: Siitz . ft 7.0.--slitft9 -617123 Address: Signature: 99,:o a t u. `7 e7 Y 9crzo --T-211."&d Signatur Argain q 7e! D3 cc : CPO4M Wash. Co. L.U.0 ". OR. L.C.D.C. All signatory petitioner,, City of Tigard 1 ,oar, I4 4l • Address: /71.71/7-fil Hi 7o- "C /77/7- S. rL 4/'f) rz ) �igSte.V1� -s.1/1 Addy �;s l of Address: -7 / s.60 /, .•t4i 7-1644 d Address:, , Address si Or Add s , t kieh sign ess L� �C i j S ignatur Sign .t re: a/ q7 Signature: fr 7g / Address: 7g(10 S�''• �a�+.�i.+rii �' .g e. �. riatv►r .4/4,-.(, .9/z- tr2Lz.-., ,a s ■ i, 70" Address: 1-1 cMu, :O n 912-7-3 Aaarzss:. 5"V6r. SW.. ' 7 •-. 4'V4 Signatr& S ignatu�re: Signature: Via' Sigma urge: Address: 9F1.5--45 /-z- 70-11_ Address tz -$ .- 11-'77 ature: Sig; - lures SigA71a✓��. Sig urge Signature: Signature: Address: Signature: Address i 0040 c--O.11 sraunlialz. Address: t TQ - 71411 S-14)2,41-- Address / C ///101/ tI crd.ro. 11£ Sigpaturer �✓yv Signature: Add '4cess: Address Signat Signature: Address Signature: • --.. �..._....k AddrF ss: Address: Address: .signature: Signature: Sigmture: STSIIVii' CEDAR_CRES STTR z STREET 2 Parcels 4rhich include the forested land along the east fork of Ash Creek cerise Area of Special Concern 10. Development of structures and land divisions in thi.; special vieoded area shall be planned and reviewed under the Type 'I1( review previsions of the Community Development Code. Because of the importance of trees and other natural vegetation to the wildlife habitat and scenery of the com- munity, development shall be designed to minimize the area disturbed. r, velopment approval shall not permit removal of more than fifty percent of the mature standing trees r slx inch diameter or greater). unless demonstrated that removal is necessary VI permit development of the site at the planned density. This demonstration shall be reviewed by the review authority to ensure that the applicant, has used the flexibility provided in Planned Development provisions of the Code to t vek, ent design minimize removal. and, clearing for structures shall 'provide, fir 'maximum retention of larger trees. r r it I it i 11.1i No additbnal street crossings of the stream, except for Sit 74th Avenue, shall b f permitted within tit's, Area of Special 'Concern. Since the portion of this site east of SW 74th Avenue is within a park- deficient area, public open space use of the part along the creek sb n be considered during the develops, rent review process, in coordination with the appropriate park/'open space managing agency. trt ' STR E T STREET 2 Parcels 4rhich include the forested land along the east fork of Ash Creek cerise Area of Special Concern 10. Development of structures and land divisions in thi.; special vieoded area shall be planned and reviewed under the Type 'I1( review previsions of the Community Development Code. Because of the importance of trees and other natural vegetation to the wildlife habitat and scenery of the com- munity, development shall be designed to minimize the area disturbed. r, velopment approval shall not permit removal of more than fifty percent of the mature standing trees r slx inch diameter or greater). unless demonstrated that removal is necessary VI permit development of the site at the planned density. This demonstration shall be reviewed by the review authority to ensure that the applicant, has used the flexibility provided in Planned Development provisions of the Code to t vek, ent design minimize removal. and, clearing for structures shall 'provide, fir 'maximum retention of larger trees. r r it I it i 11.1i No additbnal street crossings of the stream, except for Sit 74th Avenue, shall b f permitted within tit's, Area of Special 'Concern. Since the portion of this site east of SW 74th Avenue is within a park- deficient area, public open space use of the part along the creek sb n be considered during the develops, rent review process, in coordination with the appropriate park/'open space managing agency. September 8, 1988 Marten King, Chairman CPO 4, Metzger 9403 SW 80th Avenue Portland, OR 97223 artroF TIGARD OREGON RE: Business Property Dear Mr. King: Thank you for your letter of August 22, 1988, regarding the trees that were approved for removal on Mr. Burnes& property on Landau Street. I would like to outline the events leading to the issuance of the tree removal permit and respond to the concerns that you raised. 8/1/88 Toni Smith called to report that trees were being removed on the Burness property., Coy Humphrey, Code Enforcement Officer, visited the property and had the work stopped. Bob Burness called requesting ng a tree removal permit for a number of dying alders, several dead fir trees, you and a w . gds , fir .. tit was threatening to fall. 8/5/88 - I visited the property, reviewed what was to be cut, and issued a permit. The trees to be removed accounted for less than 10 percent of the trees over 6 inches in diameter. With the etc �� .ption of the one Douglas fir., all were dead or dying. 8/5/88 - Mr. Smith called, arguing that removal of any trees violated the intent of ASC No. 10. I told him I felt but agreed to call Washington County for an interpretation of this provision. Because no one was available this Yt day afternoon, and the trees could all be removed by Monday, I decided to withdLaw the permit until this matter could be resolved. I discussed the plan with Kevin Martin at Washington County and determined that, although the method 1cor profit 4cting the aesthetic and wildlife value of the area was not clear, an analywis of the affect of the proposed tree cuttive- on wildlife would be appropelate,, 8/18/88 Gene Herb s wildlife biologist with the State Department of Fish l Coy Humphrey; Offer, Assistant Planner, and the property; Air. H erb did not have any concern about the removal of the trace, with the exception of retaining some of the dead firs near the creek. Retention of at least three snags was deell.ed to be important for birds. 13125 S /Hair Blvd.. P,0• 'Box 23397. Tigard, Oregon 97223 II/8!r 8/18/88 - A permit wa7 granted with the condition that at least three of the dead fire remain,,, In order to address safety or liability problems, these remaining tutees nay be topped. It is the Cites intent to implement, the Hetz er /Progress _Community Plan as it ind +wf intee period, annexed. We also expect to adhere to its .:effects areas that have been annex provisions for an p , not just one year as you suggest in your letter. The City will be involved with periodic review of the Tigard Comprehensive Plan next ye ' . At that time, the annexed areas in Metzger will be innluded as part of this Ian. I do not anticipate ate that the City will make any sign. ificant changes to the land u e provigtons that presently exist under the Metzger /Ptagresu Cdtmunity Plan. When the woe.f. on periodic review begins, the City will work with CPO 4. During this interim period, the City etaff it in a position of implementing and interpreting a Plan that it did not help create (othev than inter - agency coordinatio,a). This will cause some' confuttln at times, as demonstrated b> the Burness situation, but the stale£ win et, its best to administer the Metzger /Progress Community Plan as contemp.aa`,ed by the residents and County staff. Please feel free to contact me if you have any questions or concerns regarding this case or other planning issues that involve CPO 4 ar4d the City. :� , " 1, t rl . � :yell ,�v C . , -- °•: •a , t ytiiht,e1ji ,,,,,it' 1. ei ith ;'w,' h_s J.,.,l. t.•: . Sincerely, TCeith S. Liden Senior Planner ht/6915D 4 4 A 11 N .. LEGIBILITY STRIP EXTENSION SERVICE 0 e°qn Mailing Address: Branch County Builsiing t 11.E Courthouse 2448 S.E. Tualatin Valley Hwy. Washington County Universl1:y Hillsbo ;o OR 9712,•1 (503)681-7007 Nor. Keith Lidea Senior Planner City of Tigard P.O. a O Box. 23397 Tigard, OR 9722 Dear Mr. Lichen: t. AU G 2 4 1988 cm (A- TIGARD PLANNING 9403 S.W. 80th Ave. Portland, OR 97223 August 22, 1988 g 18, 1988, at the 'regular meeting of CP0-4, Metzger, On WAS made and concern expressed about the issue of tree cutting on land bei`o aging to Er. Bob Burners Mr. bt ness' land is part of a specific desi gn element in the Me°tz er /Pro,._ ress Community Plan (adopted as part of Washington g g � p County Ordinances #278, 279 & 280 on 12/27/83) identified as A- ea of Special Concern #10. Specifics of this design element include restrictions on tree 'cutting "Development approval shad not permit removal of more 'than fifty percent of the mature standing tr i? es (six inch diameter or greater) unless demonstrated that • °re y oval is necessary to permit de e1opment of the site at-the planned density.. ...Develop nt.:Idesign and clearing for struc- tures shall provide for maximum retention of larger trees." 4 _ p adherence to� pr�•�:�,sionS of the., A .motion was adopted to recor�me�:�d adh g .. d i * ^ • .... Plan. CP0 -4, ' Menz' er„ s ll?Mits'• this• tern endation. realizing that; although the Subject property is presently within the city bound arses of Tigard, the annexatiof: is less than one year old, hence still falling-within-Washington County land use classifications since 1y , s { i arten 'mug Chairman, CPO -4, et r ger 2• TEu Y;r Agriculture, Nome Economics,I4 H Youth, Forestry, Community Development, � 1r��� i Energy. and Extension S , oGn Pogram , Oregon State Un seRvicE erdiJn United ben s Agriculture, f Grant �nc Ua±hin tra Cr u cooperating. TheEXtension Service provides access to ail itt actiVitiet and programs. CEDARCRES STREET • Sw BAR ST. STREET e CC 9930 S.W. 77th St. Portland, OR 97223 June 1, 1990 Mayor Jerry Edwards Tigard City Council and Tigard Planning Co niszion City of Tigard 13125 S.W. Hall Blvd. Tigay:d, OR 97223 t JON 7 1990 Dear Mayor Edwards, Council, and Planning Commission Members: The body of the meeting of CPO 4 Met,gger on May 23, 1990, directed its Steering Committee to draft a letter to you regarding our interest in supporting the best the in the PP g comprehensive planning of specifically Metzger area of Washi�� ton County and the City g addressing the importance of Area of Special Concern #10. We helve revtewed the CPO 4 M Community Plan as accepted by LCDC April 27, 1984 relative to Area of Special Concern #10; the letter to then CPO 4 M Chairman, Marten King, dated September 8, 1988 from Senior Planner•Keith application ' well as the Liden, thy. applicant's a li,cdtioMa 22p 1990. ... a:�« MIS 90 -Ob, as w appeal and letter of petition of y , Since the original drafting of the CPO 4 M Community Plan, the ongoing. t y p• forethought in thi: development within the encomvassed arayraseareas of special concern to ?len, and especially the safeguards described be appropriate and supportive of environmental protection and developmental p ,P balancer This has contributed to the maintenanLe of the liveability of East Washington County. The Area of Special Concern #10, which des forested land along the Creek and flooding areas of Ash Creek, identifies the importance�of� mature groves of trees and other natural vegetation to the importance g a wildlife habitat and scenery of the community. As stated in the design "Development designed to minimize elements of our community plan, Developmen�esaalix�ean�e�� minimize removal the atur.disturbed". ireesOV1 "Development design and clearing for structures of ,mature standing shall provide for maximum retention of larger trees.' We believe that statements in the City of Ti and's letter dated y g p City to Uphold and y 8, 1988, to CPO 4 M relating the intent of the C September implement the Metzger /Progress y an as it affects areas that have p y pp should be demonstratively applied by, your governing liods.es, been annexed, EX11181wr It is common knowledge that large treed areas, flooding creek areas, wildlife populations and wildlife habitat within urban areas are being rapidly impacted and destroyed.- Therefore, we suggest that a timely inventory of the trees, vegetation and wildlife habitat be made and provisions be taken to protect this natural value system and the wooded creek area With sincere concern, we implore you each, and collectively, to consider our letter herein with all the probity you can muster, to protect this area for the benefit of this and future generations of those w10 would benefit by this natural environment. Thank you for your consideration. Sincerely yours, Thomas O. Smith Secretary, CPO 4 M Steering Committee TOS:mf cc: Roy Rogers, Washington County Commissioner Bonnie Hayes, Washington County Commission Chairperson Oregon Department of Land Use and Development Oregon Department of Fish and Wildlife AFFIDAVIT OF MAILING STATE OF OREGON County of Washington City of Tigard being fir& duly sworn /affirm, on oath That i am a 1(� La1�`7..2.9..r:.' ,.. for The City of Tigard, Oregon., That I served NOTICE OF PUBLIC 4 ING FOR //r ■ 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) Exhibit "A") was mailed to each named persons attached list marked exhibit "R" on the da said notice NOTICE OF DECISION as here4o attached, bulletin board on the : day of ^JUc..1 Q._ in the United States Mail on the day of postage prepaid. 7 + Prepared Notice /Posted agE_Decision!MIEL ubscrf i And sworn /affirm to me on the O 4 a of which is attached Marked at the adds ss shown On the f 19 was posted on an appropriate , 19_112_; and deposited day of NO7'MY PUBLIC OF OREGON My Commission Expires: Subscribed and sworn/affirm to me on 4.he 19 90 day c NOTARY P4BaIC OF OREGON MY Co mit lion ] pireo. rt • LEGIBILITY STRIP .. :s. CITY OF TIGARD Washington County, Oregon DICE OF FINAL ORDER MY PLANNING SSI 1. Con.:eQrning Case Number(s): IMP9+0 -0 IS 90 -, 9006 . Name of Owner: R.B. & F.B. Burners Name of Applicant: Bob Burnesg 3. Address ,7531 ,SW Landau St. City Tigard' 4. Address of State OR zip 97223 Property: 7525 & 7531 SW Landau Street Tan Map and Lot No(s) .: 1§1.219.11.1 tax *lots 4103 & _4104 — • Request. An appeal of a Director's Decision for a re s are foot stri • of land from tax lot 4101 6. Action: est to add an 1,150 to the north side of Also a roved , a lmig t to tom„ abutting tax lot 4taxc', lot ..4101® two arcelaof `i o �.5® �a_rtiti�on the resulta ? __..,. ��.. _y,, 2.8 acres. , ZONE:, square feet and one parcel of a roximatel R -4.5 (Residential, 4a,5 units /acrel, Approval as requested Approval with conditions Denial • x • Notice: Notice was published in the newspaper posted at City 0111, and mailed to The aPPlicant and owner(a) X Owners of record within the required distance X The affected Neighborhood Planning organization X Affected governmental agencies THE DECISION � tIN July 10 �. 3.990 S AN • Final Decision: Fes' APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. tior. 23397, Tigard, Oregon 97223. Any party to the decision may appeal this decision in accordance and Section 18.32.370 which provides that a written wJth 18.328290 {B) Vile appeat may be filed within 10 days after notice is given and sent. t pp may and must be accompanied by appeal. fee b$315 00 �ttand �traniscript forms s, (varies up to a maximum of appeal to C� � opt $500.00) . -- The deadline for filing of an appeal te 3:30 p.me a' l vr' 10. :990 10. Questions:: If you have any questions, please call the city of Tigard planning' Degartment, 639.4e 71 • ,_l 4 b_ .r LEGIBILITY SIR CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90 -16 PC A FINAL ORDER INCLUDING _'ACTS, FINDINGS, AND CONCLUSIONS W'H CR UPHOLDS AN APPEAL Oi? THE DIRECTOR'S APPROVAL OP MINOR LAND PARTITIO3 MLP 90 -0005 /LOT LINE ADJUSTMENT MIS 90 -0006. The Planning Cosam►i ®ion reviewed this application at a public hearing on June 19, 1990. The Commission's decision is based upon the facts, findinga, and conclusions noted below: FACTS 1. General Snformati on CASE dinor Land Partition MLP 90- 0005 /Lot Line Adjustment MIS ^O- 0006 REQUEST 7, A request for approval to allow a lot liras adjustment between tax lot 4103 and 4104 (see exhibit Al wilco will result in a 1150 square foot increase in the size of tax lot 4103. Also requested is minor, land partition approval to allow the reug3:nder of tax lot 4104 to be divided into two parcels containing approximately 75 ,0 square feet and 2.8 acres. Access to the parcels would be provided by an accassa easement on tax lot 4104. Location: 7525 and 7531 SW Landau Street (WCTM 1S1 25CD, tax lots 4103 and 4104) . Zone: R -4.5 (Residential, 4., 5 units /acre). COMPREHENSIVE PLAN DESIGNATION: LoW Density Residential ZONING: R -4e5 (Residential, 4.5 units/acre) APPLICANT: Robert DurnesF3 7531 SW Landau St. Tigard, OR 97223 OWNER: R.B. & F.H. Rurnees 7531 SW Landau St. ,Tigard, OR, 97223 LOCATION: 7525 and 7531 SW Landau Street (WCTM 181 4SCD tax lots 4104 and 4103) Background Information The subject parcels wake rannexs'd to f„Ile City of Tigard through the Northeast Metzger annexati .,u in November, 1987 (ZCA 87..05). A lot line adjustment for a0, j acent tax lots was approved in January, 1989. A minor land pa, ctition and Zat line adjustment (MLP 89 -20/M FINAL ORDER No. -90 16 8uRNES6 MLP 90-0005 /MIN 90 -0006 PAGE 1 • -�r 2s y9 G 89 -27) approved in January, 1990 created 3 parcels from adjacent tax it 4100. No other Land usaa applications for the parcels have been reviewed by the City. 3. vi cini v Information North o2 the eubj ct parcels the properties are zoned R-4.5. Properties adjacent to the aubl lct parcel to the south, east, and west axe located in Washington County and zoned R -5 for single family residences. Further to the we t properties are also zoned R -4.5. site Informati0A-ABSLEKREWALREMMISAIM �. single family dwelling is located on tax lot 4103. A few fir, cedar, fruit and deciduous trees are scattered over the site. The applicants own about. 7 acres in this area including the subject parcels. The applicant proposes to move the common lot line between tax lots 4103 and 4104 (see exhibit A) 10 feet to the north resulting in an increase in the size of tax lot 4103 from 8165 to c. 315 equarot feet. The remainder of tax lot 4104 is then to be partitioned into two parcels containing 7590 square feet and 4,2.8 acres. Access to parcels will be provided by an access easement located on tax lot 4104. . Agency and NPO Comments The Engineering DivLaior, has thl following comzanta a. Although, not shown, access for the lots appears to be provided by extending a co on driveway proposed in a previous minor land partitions (ILA 89 -20) !approved for the adjacent parcel that connects to SW Landau Street. Section 18.108.070 of the Code requires the driveway to have a minimam paved width of 24 feet mnd are acceesway of thirty feet. Curbs and a ©idmwalk ' are also required. Because of the previouely ” approved application for a minor land partition on an adjacent Tercel, the common driveway will be nerving six residential parcels. This is the maximum permitted by the ,Code. Further division of the remaining parcel would require the construction of a public street. The applicant, should be made aware that the proposed` rtivate driveway, cannot become part of the publid street unless it is inspected and accepted by the City. SW Landau" Street is an unpaved County road. The Department, of Land JJae and TranapOrtation of Washington County has detormined which improvements should be required for the FINAL OEDER NO. 90-16 PC - BURNESS IMP 90-0005/MIN 90 -00 ®6 - PAIR 2 ce 09) • adjacent Minor Land Partition (MLP 90-05). These same improvements should be required for this application. c. Although not shown, sanitary newer service is available from a sewer accepted by the Unified Sewerage Agency in May 1988. However, the line is not within a public easement. The Building Division questioned whether there are any existing structures: near the proposed lot line adjustment between tar lot 4103 and 4104 and commented that existing utilities should be located and easements provided where they cross property lines. NPO #8, TCI Cablevision of Oregon, P.G.E., Metzger Water District, and Fire District #1 have reviewed the proposal and have no objections to it. The appellants appeared at the hearing and reviewed the reasons for the appeal. B. FINDINGS AND CONCLUSION Section 18 162 060 s(Lot Line Adjustments= Approval Standards) of the y pp of Community Development are as follow �.� ent $rode contains the standards of approval for 1 line adjustment; they 1. An additional lot is not created by the sot line adjustment, and the existing parcel reduced in eiz e by the adjustments is approved below the minimum lot size enteblished by the a pp zoning for that district. 2 • By reducing the lot size, the lot or structure (e) on the lot will not be in violation of the site development or zo ning district regulations for that district. Lot line adjustment MIS 90 -06 satisfies the above criteria. No additional lot is being created by the let line adjjustment. The pp pP y g land partition as discussed applicant licant is also a 1 s>s for a minor below. Tax lot 4103 is incry aced in size f.com 8, 165 to >315 square feet, thus exceeding the 7,50C square foot minimum lot since of the R -4.5 zoning district. No atructnree or lots will be it violation of the site development or zoning district regulations so a ',result of the lot line adjustment.. The proposal must also meet the minor -land partition criteria of (Partition i They Section 10.162. D4© Partition Criteria . The are as follows, ]. • The proposal conforms with the City' s, comprehensive plan; P p© p` complies with ail statutory and ordinance 2. requirements and regulationss, - • Adequate public facilities are avai fable tv serve the proposal; FIN .. 6 ; P C - ` / - 6 PAGE 3 FINAL ORDER Nt'�r 'l0 l � -� BURNESS ��.P 90 ® ®0� �xN 9Ci 001 F. — y . 41 4A � i em�?IIf � B proposed lots conform to the size and dimen ►. nial regi of this title; and 5. All proposed improvements meet City and appjlicable agency standards The proposal sal comp.ies with all statutory and ordinance requirement ,s p s and r Adequate public facilities are available to serve egad = =tiaras. conform to the size an proposal. The lots e: d dimensional requirements of City and the R -4.5 zoning district. Proposed improvements meets, applicable agency standards at this time. However, as n0ted in the ,engineering Division's comments, if the applicant intends to further develop tax lot 4104 or otherwise i,ncreaSe the number of dwellings being served by the proposed access, then the propded accessway will have to meet City standards for a public r °treet and be inspected and approved by the City. While the proposal satisfies the applicable Community Development Code 6ih appellants that approval standards, the Commission agrees with the appe development in Area of Special Concern (ASC) 010 shoul.d be revi wed d process rather through the public hearing p r than administratively. sufficient information is not available at this time to determine the affect this proposal would hale upo n ASC #10. Therefore, the 4ommissian upholds the appeal and rescinds the Director's decision to allow ALP 90 ti0005 /MIS 90 -0006. DECISION Th e Planning/ Commissioa., upholds the appeal and therefore„ MLP 90 0005 and MIS 90 -0006 are denied. PASSED: This ,_, day of June City of Tigard. 1990 by the Planning i a - on of the 4 M on F. P. ; '0 "°ce - l sideat Tigard P1 is ®ion ;N�• • . FINAL ORDER NO 90-x16 PC - DURNESS MLP 90 -0005 90 -0006 PAGE 4 . ..... ..410/ootEo -moues A. 'aV AL' U JaAHOIM 8SXOT2 Q5XEe we agtbal aiAY'IT •.• •,•. •.. . ,Y 0oito- 8401085 X MORAHZ ma a alAMOR 1) WAH mice we oaax X W O+ JI QNA R DIARO t moa io cr «e m ax me Lam Ica aRAO /T •0000•0 0 00E10 -aA1■51'81: aaa a VIHO1.a a dIamo %YalKAR aaguaa eoove no MOTTZVESa 4 MYJOF.AD HVA aa€.e w2 as as 4Nssve no CIRAOIT c • . b o • ... c ... • .. • • . c • e c '.V0wl'L V1..aA3PXXa GRR .I CRAMS/ , RRO A aSSAH ,..1ABTA eine wa OE4a1 QRADIT KENNETH R. BEEBE 7675 SW LANDAU STREET TIGARD v OR 97223 THOMAS 0. SMI`Z' T 9930 SW 77T11 TIGARL OR 97223 ,1 Y TO: Keith Liden, Senior: Planner Mav 22, 1990 FROM Cathy Wheatley, City Recorder SUBJECT: MLP 90-05 & MIS 90 -06; Burness Attached please find a copy of an appeal received today for the above referenced decision. Please schedule this for Planning Commission and advise the applllant and appellant of the hearing date. cw Attachment CITY LIF Tt(3A PECEXtw'T d •75C 9 $ L,ocu; T d PUPOQS "» :. 1OtJ � 'ANN NT R8C:E X PT NO. CHEGK AMOUNT CASH AMOUNT PAYMENT DATE SUBDIVISION -200921 O. 01,',..5/22/90 ingrfMJ W�y�yyyy�.yy�rMyrr�r�YN! Mr •41...1•1 '1" Dt11 v ` DE 'O MLP'9O 0w AM(DU t PAID APPEAL M1 ? '0-0005/M1, 90-0006 006 L RN S LAID USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to particitaate in local government. Tigard' s Land Use Code therefore sets out specific requirements for, filing appeals on certain land use decisions. The following form has been developed to assist you in filing appeal of a and use decision in proper form. To determine what filing fees will be required or t., answer any questions you have regarding the appeal process, please contact the Planning Division, or the City Recorder at 639 -4171. APPLICATION BEING APPEALED: Mh P /c5 SPECIFIC GROUNDS FOR " . W� X44 SPEC APPEAL. OR REVIEvJ. .� ,*- 4os°r /e25 DATE DECISION IS TO BE FINAL, /c ► SCHEDULED T . DATE NOTICE b. ,...E OF FINAL DECISION WAS GIVEN :. _/ ft,.ct '1.C� (1 . _. ��� ►r. SICNATURE(S) s -r yE }E-*3t- i E 404)!-)4-Dt yC .444 t i i-D -3I I - -* ,►E # FOR OFFICE USE ONLY: R Rc _ e a ved By A roved As To Fo ,�. �, i/ .. �►�� � 'Date.,. "' a t",o "Time,'; By: �x Y(*xt�4 *H- i4400fwn -x-mf Da to Time: __,. , 3 *X99 i#*mac f� N t F rF:s ± +�- -, i F 4 4= 4- .�Y - i d-i � -'. t �1 4 r Denied As To 1 t ,. 12124 'S ,f c / "? 13125 SW Hall Blvd, R0, Box 233Q7, Tigard, Oregon 07223 (5O3) 639-4171 Nh- , too • RE: 411 MLP 90 -05 MIS 90-06 May 20, 1990 9930 S.W. 77th Metzger, OR 97223 Mr. Keith S. Lidos Senior Plannor City of Tigard Washington County, Oregon RE: Decision Notice on MLP90 -05 & MIS 9a -,;16, dated City of Tigard 5/11/90 Burness Applicant. Whereas: This applicant has had a lengthy hiotory of involvement in the attempt to develop the seven acre parcel of "Area of Special Concern #10, as designated in CP04 Metzger - Progress Community Plan, currently applicable since June, 1984; and acknowledged to be in compli.anca with statewide planning goals by Oregon LCDC on April 27, 1984, to the detriment of the environment and surrounding neighborhood property, and further that portions of this property have been found, as noted in Washington County records as of �' zoning community plan, and ,ran. 16, 1987, to be in violation �f zon3.n laws and comnun lam, g removal on various frurthea-= that he hz,s been `cited for ills a�. tree x occasions, has deve loped non - compliance residences on said property; now, therefore, the following petitioners wish to appeal the -aforementioned decision, and further request that said applicant meet certain conditions prior to further developmental' consideration by any Governing Body of the City of Tigard, in order to preserve the community standards status quo. 1) Washington County records (Annexation Order 241.3) shape that Tigard has Annexed S.W. Landau Street between 75th and S.We 77th, contradicting 7 S.W. ' statement; 4, B on page ' of letter of notice of decision from Tigard, dated 5/11/90. 2) The only public access to the Burness prop rty is via this annexed portion of S.W. Landau via the following county dedicated public r6.11da: S.W. 77th, aig via S.W. 80th. Each of these ,�iesigra,ted S.W. S . � 75th, and S.W. S . W . Laa����:. � �� .� . public roads are individually paved and maintained by the ,adjacent property* holders, who have expressed a desire to maintain thet status qu, and no wish to u�sgrade them to a point that the county would agree to o u maintenance. A point in sacs:, we are unanimous i n our decision to contra le our personal financial reaponsibilit°., for the maintenance of these roads at their current standard 3) We further concur, without dissent, that in the event that Burn :ts or an y property owner or developer wishes to Velp rovarty to an this extent that inerease the volum e or velocity, , or imp act the wildernessaspectof the Ash Creek Floodplain and Wetland in Page r, -. p1 AP go-es" I d s hd ^o - 406 A.S.C. #10, Metzger Community Plan, that the property owner /developer be c?"; required to be held solely responsible for the upgrading and maintenance of le/ all affected access roads, and to specifically absolve all affected property ;Molders on these roads from any involvement in any future L.I.D that any governing jurisdiction may propose relative to these roads and /or utilities involved therein. 4) If these eondit1cais ca «ct be obtained, we are steadfast in our commitment to appeal any and all future movement leading to development of this property. rq 5) The City of Tigard has not complied with proper and timely notices to affected property owners, as legally required, (Letter of notice of decision was dated 5/11/90, with appal filing deadline 5/22/90, 3 :00 p.m.) These letters were posted on 5/11/10, earliest delivery of 1st Class U.S. Mail is 5/12/90. It is evident that only six or seven business days (whew city employee4s are available for information) were available to respond. CPO4M holds a regular monthly meeting on the 23rd of May, so the CPO body could not respond. CP04Ji bylaws are explicit in requiring a vote of the body . prior to sanctioning recommendations in the name ig the C.P.O. Our officers authority is granted and governed by the Body Politic. 6) The following petitioners have p ve alf fixed their signature attesting they are familiar with subject proposed decision, and wish to voice their appeal. Ada-- -ss Sign Address: S, LU -7 7 Signature: sk�b_ Address: Addis : 5. 'ial. Signature cc: CP04M Wash. Co. L.1., & T. OR. L.C.D.C. All signatory Petitioners City of Tigard Atio-ite Address: 11/7/9/— Address: ' mom laino '° $h A Q•or tifil ;14° 744- S. 1. : 41,4/ dg 6 Address cy Address: 7 / / s 44 4 Address : o ,$ r r Address: ?72,23,' S ignatu Sign. ire: 77;2 ; Address /DSO a) SPA AV& tyczt-,4 de ,, q/mt. Address: 2A:561 -51--) 6-/—r) /:?‘44 e=K Address 7 g 5-0 L_cz K2),zu, Signature: Address: v J (�K w ✓% �/ w �'zignature: Address Address: S Si) -1" i GA co f'i 917-'2-3 Aerfeep ,„7, -.42i9 47ext fires Signature, attire: Address: —e- Address: 9f1$—ty4#t) 4:722:7'34 Address: 7/Z--.45-- Address. 57 f aro -5' ' 77 r Address: ql (P° 5.63 ' 11 __Ett212.21g1U43 Ok2) ')'"a3 Signature: c Signature: ,, ►nature ' Address: SCDO4O Addre a: Address: Signature: Address: Signature: C1 S La ,c,vs f Pel A c� ii Address: Signatwe Address: Address: Signature: Signature: Address: t ignature: Address: Signature: Address: Signature: Addressl Signature: E2 MEMORANDUM CITY OF TIGARD OREGON TO: Viola Goodwin, Assistant Planner FROM: Greg Berry, Utilities Engineer' DATE: May 10, 1990 SUBJECT MLP 90 -05 Burnes® Findings: 1. Although not shown, access for the lots appears to be provided by extending a common driveway proposed for a Minor Land Partition (MLP 89- j parcel SW Landau Street. Section 20 of the adjacent arcel that connects �o 18.108.070 of the Code requires the driveway to have ,a minimum paved width of 24 feet and an acceesway of thirty feet. Curbs and a sidewalk are also required. Because of an application for a Minor Land Partition at an adjacent parcel,, the common driveway will bo serving six residential parcels. This is the maximum permitted by the Code. Further g require construction of a division of the remaining driveway couic,dnat become�eart� of the public public street. The private driveway p street unless it was inspected and accepted by the City, 2. SW Landau Street is, an unpaved County road. The Department of Land Use and Transportation of Washington County has determined wh P o should required the adjacent (MLP 90-05). These same improvement should required for this application. 3. Although not shown, sanitary sewer service is available from a sewer accepted by the Unified Sewerage Agency in May 1988. However, the line is not within a public easement Recommendations: 1. A partition survey plat and an outbound description shall be submitted to the Engineering Division before recording. The plat shall clearly show: Ad The access easement as well as ownership and Maintenance' responsibilities, and ermanent er ive 15 -foot 10/,'„de public sanitary easement e P lt,:s P B. extending across cthe newly created parcel. The easement Shall be ersecuted and recorded on forma provided by ti q ,Engineering Pert Division, reference don and becoMi�a g P art. of all apg'�.i�cs]�te parcel deeds, and approved . y g � g . before recOrdig*°` d b the En i.neerin n�:vie��on` STAPP CONTACT: * tohn Flagman ENGINEERING PAIWAAP iS MLP 90-0005 Burnes Page 1 e The agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner, ' s right to ogpoee or remonstrate against a future locail improvement district formed to improve ( John Bagman SW Landau Street. STAFF CONTACT: 3 o T !.e applicant shall obtain a letter of eervi.o aability from the Department c r�or�n work Count to F Land Use and Transportation of G�aeh3.ng�t:on County, within the right -of -way of S.G. Landau Street. A copy shall be provide: to t1 a City ilngineering Division prior to issuance of a Ctraet Opening Per' t . STAFF CONTACT: John Hagman. 4 ® A driveway with curbs, sidewalks and a paved width of twenty-four re fore 1. access way width of thirty feet, shall be installed occupancy permit is issued. STAFF CONTACT: Brad noaet, Building Division (639-4171). The submittal for a building perm t a. +hall, include an erosion control plan cunforafiag to "Erosion Contra Plana - Technical Guidance Handbook, November, 1989.) STAFF CONTLCTs Brad Roast, Building Division (639 - 4171). Approved: br /GBsi4LP05.90 ENGINEERXNG NAP 0m.. �aos Bx» ne e Pe ge ?' LEGIBILITY ST RI MEMORANDUM UM CITY OF TIGARD, OREGON TO: Je _.O fer, Plannine,, r"nm e Greg Beer,', Utilities Engineer JECT: M.LP,5,89'=20 3 Bu.; -,1e0a 42-1-Ber DATE: January 18, 1990 ac criptions whe applicant requests a lot line adjustment and proposes to divide the ;• - nu It ing parcel into re'd residential lots. ` /'wo J. Access for the lots is prbvY'idec -b - a- .a©mvavah --dr 'ewa, connect `to --$W' Landau Street, a local F greet with an s.x3mtin4 right-of-way of GO feet. y plan requirements of The driveway shown on this site lap of 24 feet, meets the re Section 18.108.070 of the Tigard Municipal Codex SW "Landau Street t® an u n�.�ed County road. Subsect e ion 18.164.020 A of she Code permits the Director to accept a fut.ua. a improvement guarantee in lieu of street improvemen:.s on property zoned residential and the proposed land partition does not create any new streets. However, a paved surface for two -way traffic should be provided. Sanitary available eue. accepted by the Unified Sewerage Agency in May, i 1983. However, the 1!ae is not within a public easement. E :,o,,Lon, of the line is not required as long as each proposed lot has a connection' to it, since there is an existing line in S.W. Landau Street. rr ,mendations: ?A partition survey plat aid an the Engineering Division bE:fore 7% The access easement responsibilities, and p , ' outbound deecr ' ion shall be submitted to recording. The Ilat shall clearly show: as well as o;Zership and maintenance sewer. A perm,dn S Cexcl ei ,,, 15 -foot wide public sanitary, easement extend ng4Z-Ventoe,,,i •ed and recorded on '° .. T e eaeebnent shall ba exec�u .. — forms - provide ngineering Diriaion,,referenced on and becoming part of all applicab, .e par' al deeds, and approved by the Engineerirg Division before recording. STAFF CONTACT. 341 F.a►ia-, 'le agreement shall be ex,scut*:d by the applicant on forms provided by the Cityr which waives the 1roprysty owner's right to oppose or remonstrate nriainst a future local improvament district formed to improve SW Landau ,street. STAFF CONTACT: Joh Fr. flr-. asphaltic p t shall llea. Tin interim 24 foot wide l oi' g the 5 W.� Landau Sti t et frontage at grades s and alignme. � approved by he Engineering Division. The street section ohs 11 comprise a 6 inch trick t "`;ERING PARAGRAPHS MIL :) -20/M 89 -2i 16URNESS 2 y PAGE 1 y11 REQUEST FOR COUNTS April 23D 1990 TO: Tigard Planning Division RE: MLP90- -0005 ESE: S MINOR LAND PARTITION ME? 90 -0005 LOT LIVE ADJUSTMENT MIS 90 -0)06: RUMNESS NPO # 8 A request for approval to 1) add a 10 X 115 foot strip (1150 scare feet) of Land from tax lot 4104 (3.00 acres) to the north side of tax lot 4103 (.23 acres) thus reducing tax lot ..26 acres and 2) to partition the remaining 2.97 acre parcel (tax lot 4101) into two parcels of (, acres) 121,783 square feet (2.8 acres) ZONE: approximately .7590 17 acres and 121, 7 R -4.5 (tesidentiale 4.5 units per acre) LOCATION: 7525 and 7531 SW Landau Street (WCT M 151 25CD, tax lots 4103 & 4104) 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 will be recd and a decision will be rendered on the proposal in the our st�.f, f , a raport and recommendation prepared P p near future. _ If you wish to comment on this application, we need your coo. nts b' 05/03 /90. You may use the space provided below elow ar attach a separate letter to return your comments. If you are unable to respond by the above date, pr,ease pion the your oom Jnta and conf iri1 your comments i11 writinascsooncasnpoaaible, Ifiyou have any questions regar►ing this matter, staff g contact the Tigard Planning Department, PO Box 23397, 13125 S11 Hall Blvd., Tigard, OR 972.23. PHONE: 639 - 4171. � STAFF CONTACT: � � ' 6k.. g - In L7 CA.) 1 V `- PLEASE CHECK THE FOLLOWING THAT APPLY: 7 We have reviewed the proposal and have no objections to it Please contact Please refer to the enclosed letter. Comments: Telephone number: • • Np • LEGIBILITY STRIP REQUEST FOR COMMENTS April 23, 1990 TO \ C-11:- C6ijL 0 \ielCIV J FROM Tigard Planning Division RE: MLP9O -0005 BURNESS MINOR LAND PARTITION MLP 90 -0005 LOT LINE ADJUSTMENT MIS 90 -0006 BURNESS NPO # 8 A request for approval to 1) add a 10 X 115 foot strip (1150 square feet) of land from tax lot 4104 (3.00 acres) t. the north side of tax lot 4103 (.23 acres) thus reducing tax lot .26 acres and 2) to partition the remaining 2.97 acre parcel (tax lot 4101) into two parcels of approximately 7590 (.17 acres) and 121,783 equare feat (2.8 acres) ZONE: R -4.5 (Residential, 4.5 units per acre) LOCATION:' 7525 and 7531 SW Landau Street (WCTM 1S1 25CD, tax lots 4103 & 4:94 Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other inforanatiOn available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near futures If you wish to con ite nt on this application, we need, 1 - -, - comments , by 05/03/90. You may use the space provided below ar attach a ieparat.e letter oo return y nr comments If you =.re unable to respond by the above date, please phone the staff contact noted below with you 'coiwa to and confirm your comments in writing as scion as possible. If you have any questions regarding this matter, contact the �'�l'i 3ard Planning De artm%tnt PO Box 23397, 13125 SW Hall Blvd., /� 4 g P � �L%���e�'„ Tigar, 97223. PHONE: 639 -4171. STAFF CONTACT: l O \G� . L� 0 0 t l.r. PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed, the proposal and have no objections to it Please contact of our office. Please refer to the enclosed letter. r Comments: ,,� , , '�:. _ 4,444 11 400 e ,...+...rod; Name of person Commenting: Telephone number; a IL_, e APR 3o 199Q REQUEST FOR COMMENTS April 23, 1990 RED MI.P90 -0005 BUI NESS MINC R LAND PARTITION ,MLP 90 -0005 LO": LINE ADJUSTMENT ?IIS 90 -0006 BURNESS NPO 41 ' 8 A request for approval to 1) add a 10 X 116 foot strip (1150 square feet) of land from tax lot 4104 (3.00 acres) to the north aide of tax lot 4103 (.23 acres) thus reducing tax lot .26 acres and 2) to partition the remaining 2.97 acre parcel (tax lot 4101) into two parcels of approximately 7590 (.17 acres) and 1210 753 square feet (2.5 acres) ZONE: R -4.5 (Residential,, 4.5 units per acre) LOCATION: 7525 and 7531 SW Landau Street (WCTM 1S1 2 E CD, :tax lots 4103 & 4104) Attached is the site pin and = <pplicante statement for your review. From information supplied by various departments and agencies and from other in1Eormatioii available, to our staff, a repose: and recommendation will be prepared and a decision ;:i.11 be rcnderr3d on the proposal in the near future. If you wish to comment on this application, we need your comments by 0x/03/90. Yom may use the space provided below ar attach a separate letter to return your comments. 12 you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing au soon as possible. If yon have any queotions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171.4 STAFF CONTACT: V �vXk. PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please refer to the enclosed letter. Naive of pereoL„ comment/ ,a 31..,. 6' Telephone number: -° ► " ° REQUEST FOR COMMENTS April 23, 1990 TO: Metzger Water Dist act FROM Tigard Planning Division RE: MLP90 -0005 BURNESS MINOR LAND PARTITION MLP 90 -0005 LOT LINE ADJUSTMENT MIS 90 -1;i006 EURNESS MPO # S A request for approval to 1) add a 90 X 115 foot strip 21150 square fast) of land frcn tax lot 4104 (3.00 acres) to the north side of tax lot 4103 (.23 acres) thus reducing tax lot .26 acres and 2) to partition the remaining 2 -.97 acre parcel (tarp lot 4101) into two parcels of approximately 7590 (.17 errs) 4nd 121,783 eq are feat (2.a acres) ZONE: R04.5 (Residential, 4.5 units per acre) LOCATION: 7525 and 7531 SW Landau Street ' (WWTM 151 25CD, tax lots 4103 & 4/04) Attached is the site plan and apTia3.cant© statement ' for your review. F% 2 information supplied by various departments and agencios and from other information available to our staff, Et report and recommendation will be prepared and a decision will be rendered on the proposaom�n thebne05/03/90. ure. If you wish to comment on this appl"cation, we need your by Yc;n may use the, space provided below ar attach a separate letter to return your comments. I2 you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact thq Tigard P1 &nning Department, PO Box 23397, 13125 SW nail Blvd., Tigard, OR 97223 PHONE: 639 -4171. STAFF CONTACT: ,Jk.O.k. 6706.40tWkV PLEASE CHECK THE FOLLOWING THAT APPLY: We 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:;`"' Telephone CUmber s~-- REQUEST FOR COMMENTS April 23c 1990 T© Building Division FROM Tigard Planning DivLaip RE: MLP90 -0C 05 BUPNESS. MINOR LAND P ARTITION MLP 90 -C.. )5 LOT LINE ADJUSTMENT MIS K.-0006 BURHHw7S NPO # 8 A request for approval to 1) add a 10 X 115 foot strip (1150 qu feet) land fret= tax let 4104 (3.00 acres) ' :o the north el de of are® feet of la tax lot 4103 (,23 acres) thus reducing tax lot .26 acres and 2) to partition the remaining 2.97 acre parcel (tai; Lot 4101) into two, parcels of appreximately 7590 (.17 acres) and 121,783 square feet (2.8 acres) ZONEt R -4.5 (Residential, 4.5 units per acre) LOCATION: 7525 and 7531 SW Landau Street (WCTM 151 25CL, tax lots 4103 a 4104) Attached is the site plan and . li cante statement for your review. from information supplied by various departments aad agencies and from other infordnation available to c er staff, a repot And recommendation will be prepared and a decision will be rendered on the proposal in the aaear future. If you wish to comment on this application, we need your comments by 05/03/90. You may use the space provided below ar attaacI a separate letter to return your comments. If yo • are to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as 'men as possible. 112 you have any questions regarding this matter, g g 13125 SW Hall Blvd., contact the Tigard Planning Department, PO Box 239? Tigard, OR 97223. PHONIC: 639-4171. PLEASE CHLCV THE FOLLOWING THAT APPLY We have reviewed the proposal and have no objections to it Please contact of our office. P1.eeee refer to the enclosed letter. _v�•rt t +i 4 ,xy'.�i.�.r Jam" c;��r,�. .. .s .r,i G ! ;°� April ° 23, 1990 TO: Fire District *1 FROM: Tigard Planning Division RE: MLP9O -1005 BURNESS MINOR LAND PARTITION MLP 90 -0005 LOT LINE ADJUSTMENT MIS q0 -0006 BURNESS NPO # ; 8 A request for approval try 1) add a 10 X 115 foot strip (1150 square feet) of land from tAx lot 4104 (3.00 acres) to the nort,h, side of tax lot 4103 (. lot lot641 ®i acres i�ats� twc �pr (.23 acres) thu,e xcducing tax partition the remaining 2.97 acre parcel (tax 4101) �scelfa of approxilfa \ately 7590 11.17 acres) and 121,783 equarcii feet (2.8 acres) ZONE: c per e)4104. 7525 7 �1 SW Landau R-4.5 Ptaaei.dentia�l y 4.5 tax lots 4103x® iA�ATIc3I�. 7525 and o 5�. Street (WCTM 181 25CD, Attached is the eite plan and applicants statement for your review. From information eupplied by various departments and agencies and from other information available to our staff, a report and recommendation will be I prepared will be rr�ndered on the proposal in the near fut�t�re,r If you wish to� comment 9on this' application, we need your comments by 05/03/90. you use the apace provided below re poaespond b a respond by separalte letter to return turn your A ur comments. If you are unable to the above date, please phone the ;staff contact noted below with your comments and confirm you comments in writing as soon as poesabl.e. I you have any guemtions regarding this m-Itter, contact the Tigard Planning Depar a nt, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAPL' CONTACT: \J \AL f co 0 oduLA) v� 114 .ASE E C' K THE .FO LD0ING THAT I\PPL1" _tr._ p poo c object We have .revi.ewed this proposal and have n Pteaae contact of our of Please refer ,;c the onc4.oeed letter- Name of person commenting: GENE BARCHILL Deputy Fire !y! ai iial/ Plans Exa :rnleier 503.526 -2512 FAX 528.25x8 Aass S.vv, filth G' a • Beavacton, a'RgOrt Tale hk"lle ntlmber. PROPOSAL DESCRIPTION FILE NO MIS 90-0006 / MLP 90 -0005 FILE TITLE: BURNESS PPPLICANT: BOB BURNESS 7531 SW LANDAJ STREET TIGARD, OR 97223 OWNER: R.B. and F., H. BURNESS 7531 SW LANDAU STREET TIGA3D, OR 97223 w REQUEST: LIT LINE ADJUSTMENT OMS 90-00061 MINER LAND PART ITIOiq 90- 00051) Applicant reque ©ts approval to 1) add IL 10 X 115 foot strip (11SO s e feet) of land from tax lot 4104 (3.00 acrd:+) to the north side of tax lot 4103 .23 acres) thuf3 raducing tax lot 4104 to approximately 2..97 acres and increasing tax lot 41013 to approximataly .26 acres and 2) tc partition the r,amaiaing 2.97 acre parcel (tax lot 4104) into two parcels of approximately 7590 (.17 acres) and 121,783 square feet (2.8 acres). LOCATION: 7525 and 7531 SW Landau Street (WCTM 151 25CD, tax lots 4103 and 4104). ZONING DESIGNATION: R -4.5 (Residential, 4.5 units per acre) COMPREHENSIVE PLAN DESIGNATION: Low- Dens_ty Residential NPO NO: #B CHAIRPERSON; Marilyn Hartzell PHONE: 245 -6299 X STAFF DECISION PLANNING COMMISSION DATE / / TIME _ HEARINGS OFFICER DATE ` /_-_,/ „__ TIME CITY COUNCIL DATE /_ / rIME . _X RrQUEST FOR COMMENTS (see attach Od list) RETURN BY / / ATTACHMENTS: X VICINITY MAP . LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN SITE PLAN STAFF CONTACT PERSON Vi.Goodwn PREPARE FOR PLANNER APPROVAL: ADVERTISEMENT /` / OREGONII /_.. NOTICE TO TIMES � TO PROPERTY OWN1`RS TO '8E MAILED / LETTER OF ACCEPTANCE O' APPLICATION LEGIBILITY `TRIP a"UT __ STRKET' .� ALFRED EARS S.W. VENTURA OCK LO US ST: STREET 5100 pe6•Y1'r 3301 'OPEN SPACE COMMON ,AREA - ,1 :Pt -4r'1 OSLO) 3 ?03 4102 .6BAc. 146.66 38 00 140 10 3700 FOR ASSESSMENT PURPOSES ONLY P NOT RELY ON FOR ANY OTHER USE 4000 R o0/e. 146.60. 3500 4100 AlIe 4`200 0 3903 4 002 .68 Alf. �pp V/ 600 2.80 Ac. s. 49 ?nor Bob Bur 9777 SW Portlan 246x.75 New lot 1uGu 1-01 1. /, i 0 ° a.dded to 41 (new MLP ) 4900-r • 700. .64 A 800 1.09 Ac. 11,41T$AL P0410. 1/r744w6+w Y41 LANDA T E'.. SEf•A13'E 1110.03 190.0 54,13 ZOO 1. 0.3^. 190.03 1 90.3 ;,/c1 CORNER SCALE i °+ =IOC 500 120.0 I 1 TICAR TITLE INSURANCE 410 850291 WARRANTY DEED Grantor, DELTON D. REIMIMICK and i MAUREEN RE ICK, husband and wife, convey and warrant to ROBERT B. BURNESS and FRANCES - H BURNESS, husband and wife, Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Washington County, State of Oregon, except that Grantor reserves and Grantee takes subject to driveway /right - of-way and utility /sewer line easements as more fully described in Exhibits "A" and "B" which are incorporated by refererce e as though fully set forth herein, to-wit: PARCEL I A portion of Lot 33, Tract 1, BOULEVARD HEIGHTS, in the County of Washington and State of Oregon, more particularly described follows: et d• Beginning at a point on the Wes c'. line of Lost 33, Tract 1, BOULEVARD HEIGHTS, said point bears North. 00° 33' 07" East 372.00 feet from the Southwest corner of said Lot 33; thence North 00 33' 07" East 260,27 feet to an iron rod; thence South 89° 24' 580° East 165.07 feet to an iron pipe at the 1" •Northwest corner of Lot 32, Tract I, BOULEVARD HEIGHTS; thence South 00° 33' 21" 260.20 feet along the East line of said Lot 33 to an iron rod; Thence North 89° 22' 21" West 165.03 feet to an iron rod at the point of beginning. PARCEL II: 2z":Pom A portion of Lot 33, Tract 1, BOULEVARD HEIGHTS, in the County 2"40-g 0 of Washington and State of Ore g on, more particularly described "'.. as follows 4t,° ;. ,i 2).5., Beginning at an iron rod OD the West line of ' Lot 33, Tract 1, 2 point 10 " 722.00 ��r�, BOULEVARD HEIGHTS, said �a.nt bears North 00 33' 07 East.7 z= s r o f Lot 3 3, Tract 1, BOULEVARD W HEIGHTS. From wf corner U�QLLO p,,_ Point of beginning; thence South 89° 21' 401° z o `� . _..:. iron rod on the East line of said Lot 33 <z-z,... East .65.07 feet to an m2, 1-8 along said East line South 00° 33' 21" West 89.80 feet D , thence a z- 2 t a' Lot 3 2 Tract 1 - � t � ►- a to an iron pipe at the Northwest corner of Lo 32, , w0agoN BOULEVARD HEIGHTS; thence North 89° 24' 58" West 165.07 feet to '' "Z °Pw an iron rod on the West line of Lot 33, Tract 1; thence along the (�gh -,, L , 0 /• o� u. Said West lne.. Nort,h10 ° 33' 07" East 89 ..73 feet to the point . of beginning. PARCEL Iii: A portion of Lot 320 Tract 1, BOULEVARD HEIGHTS, ` in the County of Wa il i ngton and State of Oregon, mote particularly described as follows: ViAtHlt1GT0N COUNTY" REAL Vii' atte TRANSFER rive FEE PAM DATE N r" en as (9 i uu -J I Beginning at an iron pipe at the Southwest corner ' of Lot 32, Tract 1, BOULEVARD HEIGHTS; thence North 03° 33' 21" East '� feet to the Northwest corner thereof; thence South 89. East 164.98 feet to an iron pipe at the Northeast cor3 er o1 said 34 21" West 449.69 feet to Lot 32; thence South 00" BOULEVARD HEIGHTS; road on the East. 11" " thence.. �, line o� Lot �1�.5, Q�l Tract �eeta to are �:ron rod. tllenre North 89° 22' 11' i�es',�t South QO ° 34' 21/° Nest 182.00 feet to an iron rod on South line of said Lot 32, thence North 89 Da 22' 11" West feet to an iron pipe at the potnt f g EXCEPTING THEREFROM The 'tract: of land described in the Dedication Deed recorde August 6, 1982, Recorder's Fee: No. 82019988 and further re h excepting the tract of land described in the Warranty e Recorder's Fee No. 82027736. October 25, 1982, Together g e with a perpetual nonexclusive easement for utilities and tract of land sewer line over the East 15 feet of recorded 25 P 1982, described in the Warranty Deed riec r t �'te7nant R - - 0, 2 7 Recorder's Fee No ����.736. This easement shall b.1 app to the real property owned by Grantor s and transfer$ to Grantee the Right o; First Grantor �.�s� assign � t access. Refusal and the .contractual rights concerning roadway • , ,� recorded in Book 106, assigned to grantor by recital and Catherine L. g page 210, previousl�� grange. �.;exasta Pederson under contract Kru ttrier and. Alberta W. Fede t fx <�m Rudolf E � - .. . Kruettner recorded :n. Book 8i�b. F� ,�g e 233, �:f and such right T. DOES NOT GUARANTEE THAT ANY PARTICULAR USE MAY BR THIS OF PROPERTY 13Q T,y. DEPARTMENT BUYERIVS MADE OF TIE PRQPERT� DESCRIBED 1:N THIS INSTI'��NI'I �► BUYER YT TQ CHECK WITH THE APPROPttiF.fi:� ' Caid OR COUNTY free from encumbrances VERIFY APPROVED USES. The. said property except the following 1. Subject to statutory powers, including the power of assessment of the Unified Sewerage Agency. Easement recorded in BoQk 1144, page 377 in favor of Portland G ereral Electric Company, recorded FebrUary 14, 1977„, Restrictive Covenants , recorded Recorder o Fee No. 82019989, recoloded August 6, 1982. Deferred " FQ a st Land" taxes on the W S Yington County assesament a'Ad tau roll. Easements res e vGd by Grantor as described above, 2 • The true consideration for this conveyance is $234,000.00 ($228,000.00 in dollars, $1,500.00 in credit for easemen4- maintenance agreement and $4,500.00 '4redit for assumption of deferred "Forest LandR' tax liability). be sent til a chapge .is 'r requested, all tax t ements shall Urzti�l. RO �,r B. burness & " xanc�:as' u... iurr*.ess In construing this d d and where the context requires, the singular includes the plui1. DATED this 1 ay of July STATE OF ORFO.,, ss County of Washington, c7 �M July 31 11 15'P DELTON D, EMI C and foregoing instrument to be BefLre me: Tsonally appeared the above named UREEN RICE and acknowledged the their voluntary a ct ),end deed. Notary Public for Oregon V Commission expires: 6/17/86 co ce .J C9 ` • . , _ t• a (1 u• a • , 19777, s ,'° W. 74 th Ave. ''ortl d, Oroggr 97223 1RNESS Ire EXHIBIT "A° RETAINED EASEMENTS Description and .Terms, Conditions and Restrictions The permanent roadway /'right- of-way and sewer line easements reserved under the Warranty Deed by Grantor .,hall benefit and be appurtenant to grantor's real property as described in the Warranty Deed recorded October 25, 1982, Recorder's Fee No. 82027736. The real property burdened is Bully described in the Warranty Deed as the portions of tax lot 32, 33, and 35,. Tract 1, BOULEVARD T1S, R1W W Nq Was r a . : on County, State +c,r $ETOHT� in secti of Oregon being conveyed to Grantee of which this agreement Is a part. The . �tl;.d below shard. easements and condition_ as 1i5 _ . �� .. � : n with the land as to all properties burdened and a.t ' bea�e� by g. and or partition of such by such easements, including any division The rights, cove contained in this pro�ef�.�'. The Hants and obobgata.ons co Are -meet shall bind, burden and benefit each party's successors � beneficiaries " under trust 9 eratru and assigns, � lessees, mortgagees (or be`ie . f a,ciar�es �.n deed.) In the event either party shall fail to perform his obligations_ g the other partyy'shall be entitled to require such performance by suit for specific performance. or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other, remedies afforded under Ore on law. 4 any litigation , arising under the the In the event of a g �n easement agreements as stated in this document, prevailing g gMp as adjudged prevailing party's party shall recover from the losing party the prevaioa. reasonable attorney fees at trial or on appeal dged by the trial or appellate court. ROADWAY/RIGHT-OF-WAY WAY EASEMEIV t' The roadway is a. 50 foot, more or less, wide .section upon which c � gravel ,, �t side of grantor's the we currently exists a raved along It begins at Landa street and property described above. The roadway is more fully ben�.�itt property desrr,ibed as corner of Beginning at the iron rod set for the Southeast Washington, State Lot 32, Tract 1, BOULEVARD HEIGHTS, County of theast g 15 feet south line of Lot 32, Tract 1, .1 of thegtruewpoint1ofgb the thence 1 000 34' 21" E 269 feet, to the true point with the south line of Lot 32, TTract, 1, for thence west Parallel to a point alon the East line of Lot . 3 , feet more o a less °� along thence S 00 33' 21 W 269 feet to the southwest corner of less East corner of Lot 33, thence 50 feet more or e Southeast c j . g • a..u�g, aid the cJ � t 1t ' n �asu a����,i the south line of Lot 32 to the true point of lie in mRa except the south fire feet of Lot 32 as dedicated to the public by that document recorded as Fee No. 8219988, Washington County Deed Records. Grantor reserves a nonexclusive easement to use the roadway for with the use and enjoyment of grantor's all purposes connected w�: �,. P . real property described above, to pass and repass along said roadway for the purpose of going and coming to and from Landau street to grantor's property and vice versa. Such use may include the right to use the easement: :for ineta, ll n9, repairing, or maintaining utility and other service lines running to grantor's property from Landau Street. Expense of such utility or service installation, ragntenanwF or ra p aax shall be born by grantor . The roadway easement shall be nonexclusive and used for the mutual bene Cit of both grantor's and grantees real property. Both parties agree not to obstruct, impede, or interfere wih.th the other in the reasonable use of the roadway for the purpose of ingress and egress to and from their respective property. For the corns derationedf $1,500 bargained for and fully paid as a credit on the purchase price received by G nto from Grantee, �: a it is further agreed between Grantor And Grantee shall repair and maintain the roadway in a usable, r at, and uniform manner. Grantee may upgrade the quality of the road at his option and expense. Grantee agrees '1.0 upgrade the roadway if it becomes necessary to conform to governmental requirements Grantor is relieved of any obligation or to maintain, repair or upgrade the roadway and shall bear no costs for such activities. Both grantor grantee agree that the roadway may be dedicated to xaat� ded' appropriate governing body.. The parties mutually agree to consent to such a dedication at the request of the other party if such dedication will result in full, free, and direct access to a public road by the respective properties and the governing boy , °fire's to assume full ownership and responsibility � Any expenses incurred in such a for maintenance of t�.�� road. horn by y seeking on dedication shale.. be x,., ors. b the part seeka.n the dedication unless otherwise agreed. UTILITY/SEWER LINE EASEMENT 2 sewer line has been constructed by gran . e real property t„ � �'_" titU� Oil. th being conveyed to grantee by warranty deed, o�: which this document The both t.._ property being shall r ,,, � d �%r� rf pr be �� part. ssretainede roneefts described above. The conveyed and grantor p p ty d y ,o rev, utility/ sewer line easement is described in Exhibit D. in i by g y set forth here incor�.orated b. reference as though fu71 The permanent nonex clu siv e ut ility /sewer line easement retained ained b y g rantor and agr eed to by g r a ntee shall include the right, privilege, and aulhpxtt y t o operate maintain, repair replace, tr u t+ • inspect and adc: to the sewer line and necessary appurtenances and to make excavations from time to time under and through the above easement, and to cut and remove described premises within the said ea sF from said right - of-way any trees and other obstructions, which may endanger the safety or interfere with the use of said line or appurtenances attached to or connected to it and the right of ingress and egress to and over said above described premises at any reasonable time for the purpose ur, ose of Patrolling the line or repairing, renewing, excavating, replacing, inspecting, maintaining, and for doing anything necessary, useful, or required. The grantor shall, upon each and every occasion where repair work, replacement, renewal, addition or removal is undertaken, restore the premises of . grantee and any improvements disturbed by the grantor to as good a condition as prior to any such installation or work, including the restoration of any .topsoil and lawn. No building shall be constructed over the utility /sewer line easement withcllt the prior written consent of grantor. Both parties agree that so . the ease�� .:. -.x: . ana. be changed or relocated y specific location of th agreement and so long as the move does not long , as the efficiency or legality of the sewer Iron or the rights impair t y 9 of grantor under this agreement • The grantee shall bear the cost of any such movement. Consent of the grantor shall not be withheld unraasnably. The parties further agree t dedicate or transfer the sewer l ine to t PP � the ap ropriate utility or governing authorit=y at the request of either party. DATED this 3• 7 day of , 985. VU • TOR MASA 4. °11. "g TE OF OREGON .' p nty' p)�i Washington) }` °'�'l'` �.a: 1r Personally appeared the above named DEITON • +!. • p� CK and AAUREENsREMMICK and acknowledged the foregoing ,t•, `1 { ns: ` dment to ba their voluntary act and deed. efore me: :t i.,,pF OREGON 1 s s iy "a,of Washington) iJ Jr, 1985 • , a t`Sg,J, `? NCES R : pmt tv, be their' • 4 t t f� { j ( /4.7 C77-1. r, ti. Notary Public or Oregon My Commission expires: _1E17/86 I ers +nally appeared the . above named ROBERT B. BURNESS and acknowledged the foregoing .g voluntary act and ',deecr: , Beore me Notary Public fOr Oregon ' / N . Cot"iUillssz'on ex�p��res �� s. t 86 . _ • EXHIBTT "e RESERVED UTILx.TX/ SE R LINE E SEMENT The nonexclusive utility/sewer line e %...cement resei.ved by Grantor is described as that portion of the f o11oi ng described .property lying in Lot 32, Tract I, BOULEVARD HEIGHTS, Washington County, Oregon: The East 15 feet of the North. 363.2 ,feet Of Lot 32, Tract 1, BOUL ARD HEIGHTS, , in the County of Washi,ngto t and State of Oregon AND BEGINNING at the Northeast corner of nIt 32, Tract 1, BOULEVARD HEIGHTS, in the County of Washington and State of Oregon; thence youth along s id East line 33 feet to the centerline of a 15 foot wide sewer and utility easement; thence Northwesterly in a straight line to a Pont that bears West 151 feet and South 9 feet from the Northeast corner of said Lot 32; thence Northerly in a straight line to a point on the South line of the plat .of ELMWOOD l?ARIt` that bears East 5 feet from the Southwest corner thereof and the terminus thereof. STATI OF OREGON ' County of Washingk)n Voya1 n es osaid county; diheteby 'cartify that Dor!d hDire or ot Assessment MK/ i on and rx- Oficio Re0Onder of Con- ine Within ` instrument Of wiiting Was received and tecOtdad in book Of records of s id county,