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DIR2013-00002 III DIRECTOR'S INTERPRETATION DIR2013 -00002 T I GARD DATE: April 10, 2013 CODE CHAPTER: 18.430.020.D TOPIC: Lot Size Averaging Allows Lot Dimension Flexibility LOCATION: Citywide FILE NO.: DIR2013 -00002 I. REQUEST Venture Properties, Inc. is requesting a Director's Interpretation on whether lot dimensional standards can be flexible for residential subdivisions that use Lot Averaging as provided by 18.430.020.D of the Tigard Development Code (TDC). The code is not clear that lot size averaging also allows flexibility of the minimum lot width standard (50 feet required in the R -7 zone, in the applicant's case). Venture Properties argues that the language of the "Lot Averaging" code provision together with language in the Definitions section of the code for "lot averaging" and "substandard lot" support flexibility of lot dimensional standards. II. ANALYSIS TDC I8.430.020.D allows for flexibility in the minimum lot size of the underlying zone if the lots average to meet at least the minimum lot size: Chapter 18.430 Subdivisons 18.430.020 General Provisions D. Lot averaging. Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. This language is only explicit with respect to lot size and does not address lot dimension. Table 18.510.2 Development Standards in Residential Zones, requires an "average minimum lot width" for detached unit lots of 50 feet in the R -7 zone. In practice, the average minimum lot width is the average of lot widths measured across the front and rear setback lines. This allows for side lot lines that are not parallel, but ensures an overall average width. The table does not include a minimum lot depth standard. Lot Size Averaging Allows Lot Dimension Flexibility Page 1 TDC 18.120.030.107.h defines "Lot averaging" - A design technique permitting one or more lots in a subdivision to be undersized, providing that the average lot size is no less than that required in the underlying zone. TDC 18.120.030.107.q defines "Substandard lot" - A parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located unless part of a project in which lot averaging has been approved. The Lot Averaging definition does not add clarity to the interpretation. However, the definition for Substandard Lot does link lot averaging with lot dimension and implies that "minimum dimensions required in the zone" can be less when combined with lot averaging. Since the base zone dimension standards only address average lot width, then it follows that lot width dimensions can be flexible and may be reduced to less than 50 feet. By example, in the R -7 zone, the minimum lot size is 5,000 square feet. The Lot Averaging provision allows individual lots to be reduced down to 4,000 square feet which is 80 percent of the 5,000 square foot standard. If the 50 foot lot width standard could not be reduced, then this lot size can only be achieved through reduction in lot depth; in this case a lot would be reduced from 50 x 100 feet to 50 x 80 feet. While a shallow lot may be the best design solution in a few scenarios, it is likely not a solution for the majority of design challenges. Allowing flexibility of lot dimensions with Lot Averaging preserves the minimum lot size standard and allows for additional design solutions for constrained properties such as odd shaped parcels or topographic challenges. Although this applicant's case is specific to the dimension standard for the R -7 zone, the interpretation would apply to all zones with lot dimension standards. III. INTERPRETATION TDC 18.430.020.D is interpreted to allow flexible lot dimensions, including reduction of the average lot width standard, for lots created through lot averaging. 0 Kenny ' sher, Community Development Director Lot Size Averaging Allows Lot Dimension Flexibility Page 2 VentureProperties RECEIVED I N C O R P O R A T E D MAR 21 2013 Creating Tomorrows CITY OF TIGARD Communities PLANNING /ENGINEERING Today March 21, 2013 Kenny Asher, Community Development Director City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Minimum Lot Width in Flexible Lot Standards Director's Interpretation Mr. Asher, Venture Properties, Inc. is requesting a Director's Interpretation on the dimensional standards for residential subdivisions that use Lot Averaging as provided by Chapter 18.430. In discussions with Staff the City does not allow relief of the minimum lot width of 50 feet on the R -7 zone even when Lot Size Averaging is used. Venture Properties argues that this limitation conflicts with the language of the Lot Averaging code provisions as well as language in the definition section of the Tigard Community Development Code. Lot Size Averaging Language The subdivision chapter of the Tigard Community Development Code allows for flexibility in it the dimensional standards of the underlying zone if the lots average to meet the minimum lot size: Chapter 18.430 SUBDIVISIONS 18.430.020 General Provisions D. Lot averaging, Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. This language is not explicit about whether there is any relief to the dimensional standards, it is only explicit in regard to lot size relief. Venture Properties argues that lot width relief is implied when lot size flexilibity is allowed. In the R -7 zone, the minimum lot size is 5,000 square feet. The Lot Averaging section allows individual lots to be reduced down to 4,000 square feet which is 80 percent of the 5,000 square foot standard. If the 50 foot lot width Page 1 of 3 C:\ Users \mimi.DMH\Documents\Knauss directors interpretation - 2U13- 03- 21.docx 12311 l ali told Wee'. Suite 11111 • Lake Ils%egu. Oregon 9711:35 • :7113.3X7 -7111 • fax 5113.3X7 -7617 . ' VentureProperties I N C O R P O R A T E D Creating Tomorrow's Communities Today standard is not relieved, then this lot size can only be achieved through reduction in lot depth; in this case a lot would be reduced from 50 feet by 100 feet to 50 feet by 80 feet. While a shallow lot may be the best design solution in a few scenarios, it is not a solution for the majority of design challenges. There is another description of the Lot Averaging in the definition section of the Community Development Code (18.120.030.107.h): h. "Lot averaging" - A design technique permitting one or more lots in a subdivision to be undersized, providing that the average lot size is no less than that required in the underlying zone. A stronger indication of legislative intent can be found in the definition of a Substandard Lot (18.120.030.107.q): q. "Substandard lot" - A parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located unless part of a project in which lot averaging has been approved. (emphasis added) This language does not refer to lots that do not meet minimum lot depth; it refers to lots that do not meet the minimum dimensions required in the zone. In fact, the R -7 zone only contains dimensional standards for average lot width so there is no other minimum dimension that this code could provide relief for: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R -7 Minimum Lot Size 5,000 sq. ft. - Detached unit 10,000 sq.ft. - Duplexes 5,000 sq.ft. - Attached unit [1] Average Minimum Lot Width 50 ft. - Detached unit lots 50 ft. - Duplex lots 40 ft. - Attached unit lots Page 2 of 3 C: \Users \mimi.DMH \Documents \Knauss directors interpretation - 2013- 03- 21.docx 4230 Calewood Street, Suite 100 • Lake Oswego, Oregon 97035 • 503.387 -7600 • fax 503.387 -7617 �.' VentureProperties PS I N C O R P O R A T E ! ) Creating "Tomorrow's Communities Today This interpretation will not allow for additional density and still contains a maximum reduction in lot size of 80 percent. Relief from the minimum lot width standard in Lot Averaging applications will not allow for abuse of the development standards or severely undersized lots within a neighborhood. Most importantly, this provision allows for additional design solutions for constrained properties such as odd shaped parcels or topographic challenges. Please feel free to call with any questions or concerns. We look forward to hearing your interpretation. Sincerely, 'D Mimi Doukas, AICP, RLA Venture Properties, Inc Page 3 of 3 C: \Users \mimi.DMH \Documents \Knauss directors interpretation - 2013- 03- 21.docx 4230 Galewood Street, Suite 100 • Lake Oswego, Dregou 97035 • 503.357 -7000 • fax 503.357 -7617 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 190727 - 03/25/2013 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID DIR2013 -00002 Directors Interpretation - LRP 100 - 0000 -43117 $81.00 DIR2013 -00002 Director's Interpretation 100 - 0000 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 31063 HWATKINS 03/25/2013 $627.00 Payor: Venture Properties Inc - Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1