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CUP1991-00008POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. -11403-11407 SW Lomita. Ave. 1S1 350A ► 3000 3 Is STATE OF OREGON County of Washington City of Tigard AFFIDAVIT OF MAILING ) ) so. depose and say: (Please print) That I am a The City of Tigard, Oregoll, That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission -77-Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notic .3tice of Decision) of which is attached (Marked ad res shown o the being first duly sworn/affirm, on oath 1;144011,0d for Exhibit "An was mailed to c.,ch named persona at attached list marked exhibit *B" on the 611,day of 19_,L,..„ said notice NOTICE OF DgpTsIiv as her-to •tta hed, was pos ed on an apprOpriate bulletin board on the 1jaln day of ..., r - L46.:42_ 199( ; and deposited in the United States Mail on the day of 41121716...41 ...0.1. , 19.a4_, postage prepaid. e Prepared Notice ifec A 0.404140*04., r—ed and gft"V *IV 3 "71 " `% r„ ) A. a. Lit PosteaLjFor Decision Only! sworn/affirm to me on the day o ‚I ARY PUBLIC OF OREGON My Commisaion Ex ires: ,11Portion who delivered to POST OFFICE 01011,q4,004,, L.,61.140)ribed 4 tlilAVtf:„ 14E: 4? L, ,OA, I. 1)6•Z' /4,?,40 t.„ ``'474#44 00* ii10101140 bkai/APPIDAV0BKM and sworn/affirm to me on the day of 1111!!!!!:Sun My Commission Es In . • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(s): !? 91-0004 2. Nam of Owner: eve & Denise Arvidson Name of Applicant: Agangustille 3. Address 11405 SW Lomita Avenue City ligazg____ State Q. Zip 22221__ 4. Address of Property: 11405 & 11427 SW Lomita Avenue Tax Hap and Lot No(s).: ALlARA,tax lot 5. Request: A reqmpt for ConflitlialUse agor a Maim Modification to reconvert a ein' le fanally homs,Ist_s_dgplex. 42E21 6. Action: ZONE: R-4• 5 Readential 4.5 unite Approval as requested Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Ball, and mailed to: X. The applicant and own-ergs) X Owners of record within the requited distance X The affected Neighborhood Planning Organization Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON September 19 1991 UNLESS AN 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. Box 23397, Tigardr Oregon 9/223. 9, Appeal: Any party to the decision may appeal thin decision in accordance with 18.32.290(13) and Section 18.32.370 which provides that a writtmen appeal may be filed within 10 days after notice JO given and sent. The appeal may be submitted on city forms and Must be accompanied by the appeal fee ($315.00) and transcript coats (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 rem. September 18 1991 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4111. bkm/CUP91-08.BEM 4 • tAl ' , A • RECEIVED PLANNING SEP 0 5 1991i Regrading a request by Sean & Justine Vimig ) for a conditional use permit and variance for a ) duplex in the R-4.5 vote at 11405 & 11407 SW ) Lomita Avenue in Tigard, Oregon FINAL ORDER CUP 91-0008 VAR 91-0014 • (Virnig) I. SUMMARY OF THE REQUEST The applicant requests approval of ia conditional use permit for a duplex in the R-4.5 zone on a lot containing slightly less than 10,000 squai feet. The applicant proposes to use the existing structure as a duplex. The structure already contains two small, separable dwelling units. The applicant will renovate the structure, but does not plai t significant structural changes. The property may have been used as a duplex when the City was incorporated, and, thus, could qualify as a nonconforming use. However, the nonconforming use could not be proved, because of lack of documentation of the use of the property as a duplex at and since 1961 and lack of any public permit or record of such use. Therefore, the possible past use of the property is not relevant to the conditional use permit or variance. At the hearing in this matter on August 26, City stafr recommended conditional approval. The applicant accepted the recommended conditions with certain modifications. Two witnesses testified in person with concerns about the proliferation of duplexes in the area. Two other witnesses testified in writing in favor of the applications. LOCATION: 11405 and 114071MT Lomita Avenue; WCTM 131 35DA, tax lot 3000 APPLICANT: Sean and Justine Virnig PROPERTY OWNER: Ove and Denise Arvidson and Sean and Justine Viinig APPLICABLE LAW: Community Development Code Chapters 18.50.040, 18.50.050, 18.106.030, 18.108.060 - .070, 18.130.040, 18.130.150, and 18.134.050 and Comprehensive Plan Policy 2.1.1. STAFF RECOMMENDATION: Conditionally approve EXAMINER'S DECISION: Conditionally approved IL FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 87 feet (east-west) by 114 feet (north-south) and contains 9902 square feet, based on the planimeter measurements by City staff. B. Site location The site is situated north of the cul de sac at the north end of Lomita Avenue. Pdge 1 - Hearings Officer decision CUP 91-0008 et VAR 910014 (Virnig) '4 , C. Existing uses and structures : The site was included in the original incorporated limits of the City in 1961. There is an mistily one -story dwelling on the site The dwelling was built in the early 1960's. The record is not conclusive about what the structure was used for historically, although there is anecdotal evidence that it was used as two dwelling units or as a dwelling unit and a beauty parlor in the past. The record is conclusive that, when built or when modified at some point in the 1960's and/or 70's, the structure now contains two separable living units, each with its own kitchen, bathroom(s), bedrooms, and acces. There is access between the two units through a door in a common wall, but that access can be restricted. The structure is roughly centered in the middle of the rectangular parcel. South of the structure is a paved area and detached carport and storage building. There is space within the carport for two vehicles. There is space on the pavement for storage of more than 2 additional vehicles. D. Proposed uses and structures : The applicant proposes to use the structure as a duplex after making appropriate renovations as necessary. No significant structural changes or enlargement is planned. E. Existing and proposed vegetation : The site contains large, mature conifer and deciduous trees and shrubs. No changes to landscaping is proposed if the applications are approved F. Topography and drainage : The site slopes gently to the south. Storm water is directed to existing storm water features in Lomita Aven ne. Drainage will not change if the applications are approved. G. Plan designation c"'d zoning : The site is designated and zoned R -4.5 (Residential, 4.5 units per acre). 11. Public services and utilities : The site is served by existing sanitary sewer and water line. No change in utilities `l 'ties is expected if the applications are granted. The structure already has separate electric meters for each dwelling units. L Streets and access : The site has dint vehicular access to SW Lomita Avenue, a ctrl de sac street that extends roughly 800 feet east and north of SW 90th Avenue. The street is improved to City standards except for sidewalks. Surrounding land uses : Land surrounding the Abject site is used for one-story single family detached dwellings. However, there are 9 one -story duplex structures (18 dwelling units) abutting Lomita Avenue between the site and the 90' turn in that street, and there are apartments south of the 90° turn. The duplex structures begin about 300 feet south of the subject property. 2 Hearings Officer decision CUP 8 1 -0008 & VAR 91 -0014 (Virnig) t Ili. APPLICABLE APPROVAL STANDARDS A. Title 18 (Zoning). 1. Section 18.50.040 lists Duplex as a conditional use in the R-4.5 zoning district. 2. Chapter 18.50 contains the following dimensional standards for the R-45 zone: Minimum lot size ....7500 sq. ft. Average minimum lot width 50 feet Front setback a s b . 20 feet Interior side setback 5 feet Street side setback .15 feetd20 feet for a garage Rear setback a 15 feet Maximum building height . 30 feet 3. Section 18.130.140 contains the following standards for a conditional use: a. The site size and dimensions provide: (1) Adequate area for the needs of the proposed use; and (2) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. b The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. c. All required public facilities have adequate capacity to serve the proposal. d. The applicable requirements of the zoning district are met except as modified by this chapter. e. The supplementary standards set forth in Chapter 18.114 (Signs) and Section 18, 120.180 (Site Development Review), if applicable, are met. f. The use will comply with the applicable policies of the Comprehensive pion. 4. Section t8.130.150(C)(10) provides that dimensional requirements for a duplex are the same as for other structures in the underlying zone, provided the minimum lot size is 10,000 square feet. 5. Section 18t 106.030(A) requires two parking spaces for each unit in a duplex, and one of those spaces must be covered. 6. Section 18.108:060 and .070 require a minimum 20 -foot wide driveway to serve a duplex and require the driveway to be designed to allow traffic to enter the road in a forward direction. Section 18.13 if: 050 provides that a variance to the Code development standards may approved Page 3 - Hearings Officer decision CUP 91 -0008 & VAR 91- 0014 (Virnig) a. The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict °with the policies of the Comprehensive Plan, to any other applicable policies of the Community Development Code, to any other applicable policies or standards, and to other properties in the same zoning district or vicinity. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; c. The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent possible, while permitting some economic use of the land; d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic landforms or parks will not be adversely affected anymore than would occur if the development were located as specified in the Code; and e. The hardship is not self - imposed and the variance requested is the minimum variance which would alleviate the hardship. B. Applicable Comprehensive Plan Policies. Policy 2.1.1 requires that adjoining property owners, the local NPO and the general public be notified of and provided an opportunity to comment on the proposed change in use i • . HEARING AND TESTIMONY ♦ Y A. Hearing. The Hearings Officer received testimony at the public hea ring about this application on August 26, 1991. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall, B. Testimony. 1. Jerry Offer testified for the County and summarized the staff report. He discussed the issue of the nonconforming use of the property, the lack of City records of its conversion to a duplex, and the date of incorporation of the property into the City, 2. Ove and Denise Arvidson spoke on their own behalf and Linda Walls testified in support of their application. Mr. Arvidson argued against a recommended condition occupancy a of the second permit, unit; building permit may not be needed to allow ,, P y g it is substantially complete and ready to occupy, Mr. Offer agreed, and suggested revised wording for the condition, He also argued against payment of the systems development fees, arguing they are costly, and the property has been used a duplex in the past. Mr. Offer disagreed, because the property never was acknowledged officially as a duplex site; therefore, any fees that tight have been owed for such use were not requested or paid. Mr. Arvidson also introduced photographs of the site and a letter from the homebuilder who built the existing dwelling there. Page 4 - Hearings O ficer decision CUP 91-0008 & VAR 91.0014 (Virnig) 3. Richard Murry and Martha Hockett testified against the conditional use permit, principally because they are concerned approval of a duplex on this property would be a precedent that would dictate approval of duplexes on the whole block. C. Agency Comments. The Building Department could find no record that the property was used as a duplex or that any fees were paid for the additional dwelling unit; therefore, fees should be paid now The Building Department also noted a building permit is required for the conversion of a single family dwel ling into a duplex dwelling, and the permit in this case must comply with the existing Building Code. The Department also noted that Washington County must issue permits for any electrical work necessary for the conversion. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Zoning). 1. The proposed use complies with Chapter 18.5C., and 18.106, because the proposed use is listed as a conditional use in the R -4.5 zone, and the lot and structure comply with the dimensional requirements of the zone except as noted below.. 2. The proposed use complies with Chapter 18.102, because a new intersection requiring visual clea rarnce will not be created by the proposed conditional use. applicant will provide 4. The proposed use complies with Chapter 18.106, because the app pnu 4 parking spaces on the site two of which are under cover, based on the photograph; submitted by the applicant. p po will p. y Chapter .. 8,e because the drive to Lomita feet wide and vehicles can enter 5. The proposed use will comply with Clio ter 18.108 becaut in a forward direction, Avenue is at least 20 based on the photographs submitted by the applicant. ' 6. The proposed use complies with Chapter 18.130, because: a The site size and dimensions accommodate the proposed use while preserving existing mature vegetation and minimizing the need to buffer the use by preserving an existing structure that is aesthetically compatible with adjoining residential uses. b. The characteristics of the site are suitable for the proposed use, because it is that minimizes the impact at the end large enough to accommodate xrstindevelopment brcture and landscaping, it is situated of building of a block, it preserves existing P.. height, and does not contains significant physical hazards or natural features that would be adversely affected by development. However, if the unit is enlarged or rep aced, impacts could be. greater, review o ensure not be permitted conditional use rr should n without an additional Such ex ansxan s potential effects of such development are identified and mitigated or are prohibited c, Public sewer and water are available to the site and have capacity to serve the site, d. The applicable provisions of the R-4.5 one is fulfilled as noted above. Page 3 - Hearings Officer decision CUP 91 -0008 & VAR 91 -0014 (Virrug) e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front yard exceeds 25 feet. g.. The rear and side yards exceed 20 feet. h. Building height does not exceed 30 feet; therefor t the building complies with Section 18.50.050(A)(4), too. 7. The site contains 9902 square feet, which is about 1% less than the 10,000 aquare foot minimum lot size required by Chapter 18.130. A variance to that sectior is warranted, based on the following findings: a. The variance is not materially detrimental, because it is so small as to be imperceptible to residents of the site and surrounding properties. It is consistent with the purposes of Chapter 18.02.010 to preserve existing housing stock, to promote more efficient use of existing infrastructure by increasing permitted density, and to provide for conditional uses through public processes like the one used in this case. b. Special circumstances amity to the site, because it is improved with a structure that is readily adaptable for use as a duplex without making material changes that could detract from its aesthetic character or appearance to the neighborhood. This is not common in areas with single family detached dwellings. c. The proposed use is permitted in the zone if approved as a conditional use. Other than lot size, the use complies with all other City standards. Therefore the variance maintains existing City standards to the maximum extent possible while allowing for a reasonable economic use of the property as a duplex. de The impact of the additional dwelling unit on physical and natural systems is negligible, because of the small size of the unit and the structure in question. e. The hardship in this case is not self-created, because the applicant did not create the dwelling, and the variance is the minimum necessary to enable use of the existing structure as a duplex. B. Copnpliance with applicable Comprehensive Plan Policies. The proposed use complies with Policy 2.11, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. VI, SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed use. 4 Page 6 - Beatings *coo deci.sian COP 91-0008 & VAR 91.0014 (Virnig) "IL CONCLUSION AND DECISION The Hearings Officer concludes that the propose use will not be significantly detriment/1 nor injurious to surrounding uses, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the Summary and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 91-0008 and VAR 91-0014 (Virnig), subject to the following conditions: CONDITIONS 1 THROUGH 3 SHALL BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT OR, IF THE BUILDING OFFICIAL DETERMINES A BUILDING PERMIT IS NOT REQUIRED, THEN BEFORE OCCUPANCY OF THE STRUCTURE AS A DUPLEX, UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE BRAD ROAST, BUILDING DIVISION. 1. The applicant shall pay all unpaid development fees for the creation of a duplex from a single family detached dwelling. 2. The applicant shall submit plans to the Building Division showing the proposed alterations to the building or, if no alterations are planned, then the applicant shall submit plans deemed necessary by the Building Official showing the building complies with applicable requirem°nts of the Uniform Building Code. 3. The applicant shall obtain permits and approval for any electrical installations from Wedingtort County. 4, not increase the height of the The applicant shall noheb�tab habitable floor area and shall of the structure gh more 10 percent its existing a p e structure with an additional habitable floor unless the applicant first applies for and receives approval of a inodirication to this conditional use permit. THIS APPROVAL IS VALID ONLY IF EXERCISED WflI IN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION OR EXTENDED PURSUANT TO CITY CODE. Page 7` - 1learings Officer decision CUP 91 -0008 & VAR 91-0014 (Virnig) SEAN & JUSTINE VIRNIG 11405 SW LOMITA AVE TIGARD, OR 97223 OVE & DENISE ARVIDSON 15217 SW 79TH AVENUE TIGARD! OR 97224 „r iar LINDA WALLS 1991 SUMMIT DR LAKE OSWEO, OR 97034 RICHARD U RAY 11440 SW LOMITA TIGARD, OR 97223 MARTHA HOCK= 11502 SW LOMITA TIGARD, OR 97223 MARTIN & MARIA JUNG 11400 SW 90TH TIGARDt OR 97223 AFFIDAVIT OF MAILING STATE OF OREGON County of Washington City of Tigard LA I, being first duly sworn /affirm, on depose and say: `Please print) That I am a The City of ✓` That I That I of ai- for Tigard, Oregon. nerved NOTICE OF PUBLIC HEARING FOR: served NOTICE OF DECISION FOR: City of Tigard Planning Director Tllarc . Planning Commission l Tigard Hearings Officer Tigard City Council A copy (Public Hearing No,'ice /Notice of Decision) of w Exhibit "A") was mailed to each named per ons at t attached list marked exhibit "B" on the ( day of said notice NOTICE OF DECISION as here ct ati-ached, was bulletin board on the day of At in the United States Mail on the day of postage prepaid. Pzepaxedt otice Posted (For Decision um, hich is attached Marked he addre s shown on the 19 19 i1-0 poet on an appropriate 29 and deposited 19 aL., Porn he delivered to POST OFF-CE subs and sworn/affirm irm to me on the day o u _+ bk�1�/ iFPXDAV,i3RH • NOTICE OF _PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS HALL OF OFFICER, rIE TIGARD CIVIC CENTER, ©13125 August 2_6_, 199�.o AT 700 PM, IN THE SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING ,APPLICATION: FILE NO.: CUP 91-0008 FILE TITLE: Virnig /Arvidson APPLICANT: Sean & Justine Virnig OWNER: Ove & Denise Axvidson 11405 SW Lomita Avenue 15217 SW 79th Avenue Tigard, OR 97223 Tigard, OR 97224 REQUEST: CONDITIONAL USE CUP. 91-0008. IMa or l�iodi��.cation�to recoA for Conditional Use approval for a single family home to a duplex. ZONE: R -4.5 (Residential, 4.5 units/acre) LOCATION: 11405 & 11407 SW Lomita Avenue (WCTM 181 35DA, tax lot 3000) APPLICABLE REVIEW CRITERIA: Community Development Code chapters 18.50, 18.108 28.130; Comprehensive Plan Policies 2.1.1 and 6.1.1. (See Map On Reverse Side) WITH THE RULES THE PUBLIC HEARING ON THIS MATTER WILL 8 RIOT CODLEAND RULES FNPFtOCEDURE ADOPTED OF THE COMMUNITY DEVELOP BY THEPTIGARDo CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OT' PROCEDURE SET FORTH IN CHAPTER 18.30. ANY t MAY ATTEND AND BI" HEARD, OR TESTIMONY MAY PERSONS SSUBMITTE,DG IN INTEREST WRITING TO BE ENTERED INTO THE RECORD OF THE HEARINC3. L tl1 4 INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQVLST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE THE AND E TIGARD L BE BASED E vPON PLANE APPROVAL AN DISAPPROVAL OF THE REQUEST CABLE CRITERIA T COMMENTS CRITERIA AND THESE CRITERIA PERTAIN SPECIFICALLY HEARING IMPORTANT THAT LISTED. RELATING TO THE REQUEST P� ' Ipl,; 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. THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST.., SEVEN DAYS PRIOR TO THE HE RI AGCOPY CAN BE STAFF REPORT WILL BE TEN CENTS PER AVAILABLE FOR INSPECTION AT NO COST, PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE f:P NPLANNING GODEPARTMENT AT 639 -4171, � NEIGHBORHOOD PLANNING TIGARD CITY HALL, 13125 ..7W HALL BLVD., ORGANI:,ATION (NPO) # 2 CHAIRPERSON: Ed.DUff ield PHONE NUMBER: 620- 4494 bkM /CUP91 -08. BKM Itgila! tato it sap rsprsasa tattsa eaepiled by the City- at Tigard atlit:leg Caws- Ia[eriatlsa System EE CISt lefts/ere. inter— r' motion portrayal harp may he iatanded to be cased with elditieael ta-hcicaf sedIer iatsrpratet.ire dote as let :retail by the Ceti of Tigard. {YPCUP0t1} 440 (.07113111) 1S135DD -03606 ROOT, 1 EVA .7 THOMAS, DORfNE L 13165 SW ASH AVE TIGARD OR 97223 1S135DD -0361 }IOCKETT, GLEN A MARTHA M 11500 SW LOMITA AVE TIGARD OR 97223 1S135DD- 03615 MOLE!, LINDA C 11470 SW 'LOMITA TIGARD OR 97223 1S135DD-03616 MURRAY, RICHARD D LOWANA 11440 SW LOMITA TIGARD OR 97223 1S135DD- 03617 vsssw� a•e +.••.r.•s•• +e 7.'iiI'�4:,+a1, ASTER E MI E 12.410 SW LOMITA AVE TIGARD OR 97223 1S135Dr -03618 EARTH, EDNA L 11300 SW LOMITA AVE TIGARD OR 97223 11425 SW LOMITA AVE TIGARD OR 97223 18135DD-03604 SIMARD, ROLAND 3 AND MARIE 11455 SO LOMITA AVE TIGARD OR 97223 1S135DD-03605 HARTUNG, GORDON A AND CHERYL 11485 SW LOMITA TIGARD OR 97223 SEAN & JUSTINE VIRNIG 11405 SW LOMITA AVE TIGARD, OR 97223 OVE & DENISE ARVIDSON 15217 SW 79TH AVE TIGARD, OR 97224 ED DUFFIELD 8895 SW EDGEWOOD TIGARD, OR 97223 ZILIVIM TTIO0 214 rowan; same maim 14 32103V0-03500 ors asss3 IICYHD TT180 214 UMW oaxtrer Ersvuou 4.e.co3v0-03301) OU asss3 4 4 4 • 4 4 4 • 4 =VIM TI302 214 MUM= Mric12114 EU= C rOUEZXV 307.03VC-0I300 LICTUD Tr312 em hOMMEU 2.L cscErxv r NCOICgVEAt, UICHVUD s2teiv6:140epo cs8 asss3 =awn oss asss3 71142 214 EOM= UV ICYLTUASI AO0UHEE2` wen 32103vc_01201 *,. MICVMD IIS42 214 MUM& COM.2.1VMCE CUOEMOCUMD4 DVAID L!23.03VC-01100 VXICYDD OU aSS31 (ITle2 2M WARM UOVD I DOUR= IC asaa444:4 Ei 4 4 4 4 4 is mvreissm* i r VMD ID/221" DErBEUI 15 VMD 43inni s2To3ic_01100 r; wA,: �...... 'ti. a:1 4444. AW 713A.n Cl►Vt. . TIGARD OR 97223 1S135DB -02600 REITTER, BECKY LEE 11405 SW 90TH AVE TIGARD OR 97223 1S135DB -02602 . • , FAULK, JEFF DOROTHY M 11435 SW 90TH TIGARD OR 97223 ISI35DA- -01800 HUGHES, DAVID W BLUE, WILL 7600 WOOD AUSTIN DR TX 78731 18135DA -02701 BRO YES, it KENNE JENNIE A 11260 SW 9 TIGARD WOODROW 'rl R 97223 15135DA -02801 M TAGGART, BRENT & KATHRYN ANN 11280 SW 90TH AVENUE TIGARD OR 97223 1S135DA -02803 HAYNES, JAMES W VIRGINIA E 11290 Sal 90TH AVE TIGARD OR 97223 1S135DA -03100 4...4.- SNYDER, WILLIAM T PUGH, STEPHANIE 11480 SW 90TH AVE TIGARD OR 97223 1S135DA -03500 BRAZIL, HENRY" M JR AND ELBA LA MEAL 8834 SW BOIHIMHANN PKY PORTLAND OR 91223 1S135DD -0302 4444444..4144.4..4.4444 WORSECH, HAROLD A SANDRA K 11450 SW 90TH TIGARD OR 97223 1513505- -03604 —4..4" 114'55 SW LOIMII J MARIE SIMARD, ROLAItD A'iiE 4 4 4 y,,,�, /;. 1 rl L1f I M wY♦ �� r TIGARD OR 97223 1S135DB- 02601 JORDAN, BOBBIE 11375 SW 90TH TIGARD OR 97223 1S135DA- »01400 HUGHES, DAVID W /WOODROW W BLUE, WILLIAM 7600 «OODHOLLOW DR AUSTIN TX 78731 1S135DA- -02700 BROYLES, KENNETH JEN" EIE A 11260 SW 90TH TIGARD OR 97223 1S135DA -02800 BLEVXNS, GLOVER Q ANNA E 11330 SW 90TH TIGARD OR 97223 a •• to •• 1S135DA -02802 HUNTER0 ROBERT BRUCE AND ESTHER D 11300 SW 90TH TIGARD OR 97223 1S135DA 02900 JUNG, 'MARTIN MARIA 11400 SW 90TH TIGARD OR 97223 1S135DA- •03200 DOLL,; THOMAS C AND DORIS M 11500 SW 90TH TIGARD OR 97223 18135DA -03,01 4444. - 4...4.44..44,44 FOI;►E `, MARY BRAZIL, HENRY M OR ELVA IAA /MEAL 8834 4"i HOHMAt N PKY PoRrLAND OR 91223 181350D- 03603 COSHOW, ELIZABETH I 11425 SW LOMITA AVE TIGARD OR 97223 1S13500-03609 44444444444444644444 HARTUNo i 4 ON A AND CHER • ...**7' • , , " matrIsITAL USE APPLICATIO CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION //Or— ,007 ‘)17.11223 TAX MAP AND TAX LOT NO. 4 tOd- I 35." TA,s Lai' 7000 SITE SIZE 10 ,;› PROPERTY OWNER/DEED HOLDER* 6046,0,02-4,01 ADDRESS iswIr 4$46) 7 1 #1, PHONE CITY 1A° ZIP 7.2 APPLICANT* 50401q ANWen, 0 RAW; CASE NO. C, _P L& OTHER CASE NO'S: -- RECEIPT NO. 41,(-- APPLICATION ACCEPTED BY: DATE: Application elements submitted: G.----arkpplication form (1) OOmner's signature/written authorization C)'Title transfer instrument (1) 62 4---(15Site plan ( 47 clop cui A26±77 ZIP 112t?3 • *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. 2, PROPOSAL SUMMARY The owners of record of the subject property request conditional use approval to allow ,Addresimmr..140,161,11,,ZWIngisot..41,1 fr615'Filing fee (1i365) DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP, PLAN/ZONE DESIGNATION: / laiLbe.,4617-Y* N.P.O. Number: Hearings Officer Approval Date: c. -ws72.1" Final Approval Date: Planing Engineering 0736P/23P kev'd: 3/88 3. // st any variance, sensitive lands permit, or oLhrr land use actions to be c sidered as part of this application: _ • 4. Applicants: To have a complete application you will need to submit attachments pp � PP �' described in the attached information sheet at the time you submit this application. ' 5. THE APPLICANTS) SHALL CERTIFY THAT A. The above request does not violate any deed restrictions that may be attached to or iffiposed upon tthe subject erty. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot, plan, attachments, and exhibits transmitted herewith, are true; and .the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. .. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this 30 day of ✓04 A SIGNATURES of each owner (eg. husband and wife) of the subject property. ' SANDRA K 11450 SW 90TH TIGABD OR 972" 3 1S135DD -03604 STMARD, ROLAND J AND MARIE 11455 SW LOMITA AVE TIOARD OR 97223 11425 3W LO2 AVE TIGARD OR '.k.' 223 18135DD- »03605 HARTUNG , GORDON A AND CHERYL A 11485 SW LOMITA TIMID OR 97223 1S135DD- 03606 ROOT, NEVA J % THOMAS, DORENE L 13165 SW ASH AVE TIGARD OR 97223 18135DD- -0361 HOCKETT, GLEN A MARTHA M 11500 SW LOMITA AVE T=GARD OR 97223 1S135DD -03615 HOOLEY, LINDA C 11470 SW LOMITA TIGARD OR 9722: 1S135DD -03616 MURRAY, RICHARD D LOWANA 11440 SW LOMITA TIGARD OR 97223 1S135DD -03617 .4.44.44..c...•..•.• KLOCE, CHESTER E MAE 11410 SW LOMITA AVE TIGARD OR 97223 18135DD -03618 BARTH, EDNA L 11380 SW LOMITA AVE TIGARD OR 97223 11275 SW 90TH AVE TIGARD OR 97223 1S135DH -02600 REXTTER, BECKY LEE 11405 SW 90TH AVE TIGARD OR 97223 11275 SW 90 ,, VE TIGARD OR ' '' 223 1S135DB -02601 ............,.o....... JORDAN, BOBBIE 11375 SSW 90TH TIGARD OR 97223 18135DH -02602 FAULK, JEFF DOROTHY M 11435 SW 90TH TIGARD OR 97223 1S135'AA -- 01800 HUGHES, DAVID W AND WOODROW W BLUE, WILLIAM 7600 WOODHOLLOW DR AUSTIN TX 78731 1S13SDA -02701 BROYLES, M KENNETH JENNIE A 11260 SW 90TH TIGARD OR 97223 1S135DA -01400 ........4 HUGHES, DAVID W/WOODROW W BLUE, WILLIAM 7600 WOODHOLLOW DR AUSTIN TX 78731 1S135DA -02700 ....,...o............ BROYLES, KENNETH JENNIE A 11260 SW 90TH TIGARD OR 97223 ...s 1S135DA -02800 .. BLEVXNS, GLOVER Q ANNA E 11330 SW 90TH TIGARD OR 97223 1$135DA -02801 MCTAGGART, BRENT & KATHRYN ANN 11280 SW 90TH AVENUE TIGARD OR 97223 1S135DA -02802 HUNTER, ROBERT BRUCE AND ESTHER D 11300 SW 90TH TIGARD OR 97223 13135DA -02803 4.4444 HAYNES, JAMES W VIRGIN /A E 11290 SW 90TH AV TIGARD OR 97223 1S135DA -03100 SNYDERv WILLIAM T PUGH, STEPHANIE 11480 SW 90TH AVE TIGARD OR 97223 1S135DA -02900 JUNG, MARTIN MARIA 11400 SO 90TH TIGARD OR 97223 1S135DA -03200 DOLL, THOMAS C AND DORIS M 11500 SW 90TH TIGARD OR 97223 444444444 18135DA -03500 ... .4444 44.44.44444 BRAZIL, HENRY M JR AND ELVA LA PREAL 8834 SW HOHMANN PKY PORTLAND OR 07223 18135DD -03602 41.444444444444 WORSECB, HAROLD A SANDRA XC 11450 SW 90TH TIGARD OR 97223 18135DD -03604 4444444 4444... SIMAND, ROLAND J AND MARXE 11455 sW LOMITA AVE 1S135DA -03501 444404444441444444 446 FOLEY , MARY BRAZIL, HENRY M JR ELVA LA PREAL 8834 SW HOHMANN PKY PORTLAND OR 97223 1S135DD- 03603 4 "44444, coo4 COSHOW, ELIZABETH I 11425 SW LOMI'A AVE TIGARD OR 97223 18135DD -03605 4.4444444444444444444 HARTONG, GO. RDONAArtO CHERYL A 011.5 • 7800 At r. FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHEi; USE • t. 434600 .4"1"14.241'264k4"24.7:4.1.1SCrigEberk3621'l NORTH kizit,‘401.1 4.1041 C11411 /IL ' s TO I N 9S° 54' It IC5.9 $ 114.56 , Nit,I..... ROO '-''';'7420t) '''i'!'' .:"'1:.'.' ..' '''P.1! % A■2300 at . , 16 yip—, g 2 6 ' 13 t 5i N Se 7•• 1499 ,11 ,,, 14.,:,•;, .• " . .1,1. 5 4100 14 2604 44499 3700 10 30061, Cr) 11 041'1 1,04;1, 411,../ 01..4411 w. •E!m.SEI/4 WASHINGTON COUNTY OF wmlr oIErssemaml 729/832 I7 k;. (Star, No.11,1721 25 01 � 61 / \` \. M b R =fib ,\t‘',IP o Ily.ao SEE MAP IS 135DA 6t35 3619 22Ac 3300 342/1e. ,35Ac. '� %ii %iii % / / %i /,%;;•.,�., :'��•� 0 a /D2$nir.4f w,lir (G',5, No 11745) MAP 35Db 120 3701 2CAc. 5263 S 8 7 0 96'E . 191.19 [Page Too Large for OCR Processing] REQUEST FOR COMMENTS DATE: _ggly._224_19.1 FROM: Tigard Planning Department CONDIT/NL USE CUP 910008 VIRNIGLMEaRgli (NPO #2) A request for Conditional Use approval for a Malnr Modification to convert a single family home to a duplex. 20UEs R-4.ti (Residential, 4.5 units/acre) LOCATION: 11405 & 11407 SW Ltviiita Avenue (WCTM 1S1 35DA, tax lot 3000) Attached i the Site Plan and applicant's statement for your review. From information supplied by variousi departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will, be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Angzg, 1991. You may use the space provided below or attach a separate letter to return your comments. If ou are unable to res .nd b the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Jerr Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objkztions to it. Please contact of out office. assmai rwoomo.........mmoa * watoor Please refer to the enclose letter. Written Comments: Namf. of Person Commenting: Phone Number: bkm/CUP91-08,BKM 1. NPO NO. 2. CITY DEPARVMNTS INESIBEIMENWPMESI CAT7ON LIST FOR ALL APPLICATA!' (2) copies t/ Building Official/Brad R. City Jorder _,,/Enginekirinq/Chris D. --Permits Cwrdinator/Viola G. 3. SPECIAL 4STRICTS Fire District (Pick-up box) .=;thLT-Lgatd-WaterDictrict 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd. Tigard; OR 97223 4, AFFECTED JURISDICTIONS Wash. Co. Land Use & Transp. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin Joann Rice Scott King Fred Eberle Mike Borreson • City of Beaverton Jim Hendryx PO Box 4755 Beaverton, OR 97076 State Highway Dividion Lee Gunderson PO Box 565 Beaverton, OR 97075 5. SPECIAL AGENCIES General Telephone Mike Lutz 12460 SW Main St. Tigard, OR 97223 4,----WW-Watiral as Ronald D. Polvi, PS, PIS 220 NW Second Ave. Portland, OR 97209 TdI Cablevision of Oregon Mike Hallotk 3500 OW Bond Portland, OR 9/101 CPO KO. Parks & Recreation Board Police 1111;,t ...14i14101d-OpeolatIons-jalaxM-- COIMY4.:tittt Q13,^-1) School Dist No. 48. (Btaverton) Joy Pahl PO Box 200 „peaverton, OR 970YS .--rr4-0ehool Diet. 23J (Tigard) 13137 SW Pacific Hwy. Tigard, OR 97223 Boundary Commission 320 SW Stark Room 530 Portland, OR 97204 METRO 2000 SW 1st ave. Portland, OR 97201- 5398 DLCD ,VPA's only) 1175 bUrt St. NE Salem, OR 97310-0590 Other Portland General Elec. Brian Moore 14655 SW Old Scholls Fry, Beaverton, OR 97001 metro Area Communicationn Jason Hewitt Twin Oaks Technology denter 1815 NW 169th Place S-a6020 Beavento. OR 97006..4886 US West Immamom Pete Nelson 421 SW oak st, Portland, OR 97204 'A 6. STATE AGENCIES Aeronautics D v. (ODOT) Engineer Hoard of Health Fish & Wildlife Parka & Recreation Div. ubdivioion Supervisor Dept. of Energy Dept. of Environ. Quality iM 7. FEDERAL 1A �CIES Co :;pe. of Engineers Post Office 8. OTTER bkm /NOT. LST OlOMIIIMMOIrAINO Southa ;rn Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, R. 324, Union Station Portland, OR 97209 DOGAM :' Division of State Lands Commerce Dept. - M.H. Park LCDC PUC Fire Marshall Other other`„_ CITY OF TIGARD NAME ARVIDSON/VIRNIG ADDRESS 15215 SW 79TH AVENUE TIGARD, OR 97eP4- PUOOSE OF PAYMENT AMOUNT PAID LAND- uor IPPL CUP 91-000 365.oet CONDITIONAL, USE PERMIT TOTAL AMOUNT PW 14. 4.41, .47 .117. . RECEIPT or PAYMENT RECEIPT NO :91 ,L;'114906 CHECK AMOUNT : 365.00 CASH AMOUNT u 0.00 PAYMENT DATE 07/01/91 SUBDIVIOION PURPOSE OF PAYMENT 5, 00 AMOUNT PAID " , ' 1,4 4 ei AGENDA ITEM 2.1 STAFF REPORT AXIGUST 26, 1991 - 7:00 PM TIGARD HEARINGS OFFICER TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: CONDITIONAL USE CUP 91-0008, VARIANCE VAR 91-0014 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential. ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre) LOCATION: 11405, 11407 SW Lomita Avenue (WCTM 1S1 35DA, tax lot 3000) MIER: Ove and Denise Arvidson 15215 SW 79th Avenue Tigard, OR 97224 APPLICANT: Sean and Justine Virnig 11405 SW Lomita Tigard, OR 97223 APPLICABLE LAW: Community Development Code Chapters 18.50.040, 18.050.040(6), 18.50.050(A)(4), 18.106.030(A), 18.108.060(8)(1), 18.108.070, 18.130.040, 18.130.150(C)(10), 18.134.050, and Comprehensive Plan Policy 2.1.1. STAFF RECOMMENDATION: The Planning Director's designee for the City of Tigard recommends APPROVAL of CUP 91-0008 and VAR 91-0014 SUBJECT TO CONDITIONS. • THE FOLLOWING CONDITIONS SHOULD BE MET PRIOR TO Tit ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, TB18 STAFF CONTACT FOR ALL CONDITIONS SHALL BE BRAD ROAST, BUILDING DIVISION: 1. The applicant Shall pay all unpaid development fees for the creation of one additional residential unit. 2. Plans shall be submitted to the Building Division Showing the proposed alterations to the building, The building shall be required to comply With the present edition of the Uniform Building Code. 3. The applicant shall obtain permits and approval for the elecitridal installations from Washington County. STAFF REPORT CUP 9 1,48 VIRNIG\ARVIDSON Page 1 THE FOLLOWING CONDITIONS SHOULD BE MET PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE RON POMEROY, Planning Department. 1. The applicant shall provide two parking spaces for each dwelling unit, with one space for each dwelling unit being a covered parking space. B. FINDINGS OF FACT 1. Background Information This site ware annexed into the City of Tigard on August 19, 1971. The dwelling had been used for an unknown period of time by the sellers as a single family unit. This dwelling was purchased in March of 1991 by the current owners. The unit had been previously designed as two living unite and carries two addresses according the City record°. The previouo owners had provided a connecting doorway between the two units. The present owners have since closed off the two units front each other by sealing a wall opening and thereby converting the 'Angle family residence back into two unite. Since that time, the rental side of the duplex has been improved to its' current finished state. There are no records in the building department files pertaining to the original duplex conversion or the recent aesthetic upgrades. There have been no other /and use applications considered on this site. 2. Vicinity Information The subject site is surrounded on all aides by properties zoned R-4.5 (Residential, 4.5 units per acre). This residential area is substantially developed by single family homes and duplexes. There are nite other duplexes (18 residences) located on SW Lomita Street between the subject site and the 90 degree westerly bend in SW Lomita Street. 3. Site inforTetion and Pro c9 al Description This site is approximately .22 acres in size and is developed with a single-story duplex and one carport. A relatively large paved area is located on site in front of the residence and carport. The property is landscaped With lawn and a variety of Shrubs. A number of mettle° deciduous and evergreen trees are present On the property. The apAicant requests the approval of a Conditional gee to allow a duplex in a single-family residential zone. There is no additional expansion of Use proposed on this site. 4. Agency and NPO comment° The City of Tigard Building Department has reviewed thiopropodal and has offered the following commentst STAFF REPORT CUP 91-08 VIRNIG\ARVIDSON Page 2 1. There is no record that the property has paid any additional development fees (i.e., Sewer, park, street, storm, etc...) for the one additional unit. It would be appropriate that these fees be paid at this time. 2. A building permit will be required for the conversion. Plans shall be submitted to the Building Division showing the proposed alterations to the building. The building will be subject to the present edition of the building cod and will be required to be brought into compliance. 3. The applicant shall obtain permits and approval for the electrical installations from Washington County. The City of Tigard Engineering Department and Tualatin Valley Fire Dinttict #1 have reviewed this proposal and have offered no objection to it. No other comments have been received. C. FINDINGS AND CONCLUSIONS Section 18.50.040 of the Code lists duplex as a Conditional Use in the R- 4.5 zoning district. This proposal is determined to be a Conditional Use as listed in Section 18.50.040 (6). Section 18.130.040 of the Code contains the following applicable general approval criteria for a Conditional Use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surroundi1,21 properties and uses. 2. The liharacterietics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3. All required public facilities have adequate Capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this chapter. 5. The use will comply with the applicable policies of the Comprehensive Plan. The conversion of a single family residential structure in an R-4.5 zone for use as a duplex requires Conditional tee approval. This Use is STAFF REPORT CUP 91-08 VIRNIG\z"" Page 3 ''k • . «•• ' • consistent with the above criteria, The site provides adequate area for use of the residence as a duplex with the required number of parking spaces. There are no apparent physical, obstacles to this use on the site. Adequate public utilities are present and currently serve the existing duplex. Setbacks, lot coverage, and building height requirements of the R-'4.5 zone are satisfied by the existing structure and will not be affected by this proposed use. Section 13.130.150(C) (10) contains the following applicable Conditional Use criteria for duplexes: a. Lot Size: Minimum lot size shall be 10,000 square feet; b. The remaining dimensional requirements of the underlying zoning district shall apply. The subject lot is approximately 9,902 square feet in size and is therefore approximately 98 square feet smaller than the 10,000 square feet required for the siting of duplex within this zoning designation. This discrepancy was not discovered until the staff recommendation was being developed and was not detected as part of the pre-application conference. Staff has therefore packaged the applicants' request with a recommendation for approval of a variance to the minimum lot size. Code Section 18.134.050 contains the criteria for allowance of a variance to a Code standard. These criteria are: The proposed variance will not be materially detrimental to the purposes of this Code, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies of the Coaimunity Development Code, to any other applicable policies and stanclardst and to other properties in the same zoning district or vicinity. (2) There are special circumstances that exist which are peculiar to the lot size or shape, topography or other cigcumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The use proposed will be the same as permitted under this Code and City standards will be maintained to the greatest extent possible, while permitting acme economic use of the land. Existing pirzsical and natural syetems, such es but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected anymore than would occur if the development were located as specified in the Code; and The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. STAFF REPORT CUP 91-08 VIRNIG\ARVIDSON Page 4 This application eatiefiee the above criteria s follows: (1) The property ie within approximately 98 square feet of the 10,000 square foot code requirement. There are 9 other duplexee (18 dwelling units) within the same block of SW Lomita Street. The deviation from the code is so small ae to materially negligible. (2) circumstances exist in that the exiutiting unit has, for an 2 undetermined amount of time /years, had two addresses and two living units. The applicants purchased the property assuming they owned a duplex. (3) A duplex is allowed in the R -4.5 zone if approved through the conditional use process. (4) The impact of one additional one bedroom unit in this neighborhood will be negligible. The lot size exists due to previous platting and is not due to any action taken by or made on behalf of the present owners. The applicants are requesting a variance only for that 98 square foot area that does not meet the code standard. The setbacks on this site comply with or exceed the minimum required setbacks for the R -4.5 zone as listed below: (5) 20 foot front yard setback 5 foot side yard setback 15 foot rear yard setback 20 feet between the property line and the front of the garage Section 18.50.50 (A) (4) states that the maximum building height in an R -4.5 zone shall not exceed 30 feet in height. The existing structure is a one story building and does not exceed this height restriction. Section 18.106.030(A) (Parking) requires that two parking spaces be provided for each dwelling unit, ee of Provisions) be covered. �' ' � that the Addit io nally, Section 18.106.020 (Gen ) minimum dimension of a standard parking stall shall be nine feet wide and 18 feet long. Therefore the applicant erJu1d provide verification to the Planning Department that adequate parking is provided for on this site. ,. (Access ex then there shall be a minimum of 20 section 18. 108. 070 Access and Circulation - Re ea that _.. _. 0 if only one driveway serves the duel .... _ ... .. _ states that in no case shall w %nth* feet Of pavement width within an 25 foot minimum access all the Additionally, Section 18.108.050(8)(1) design of a service drive require backward aackward�t en otry maneuvering of a g verification vehicle within a street. pp provide that adequate access and egxees and Safe access-egress is present on site. The proposed major codification Complied with applicable comprehensive Plan Policies as follows: STAFF REPORT CUP 91 -08 VIRNIG \ARVIDB0N Page 5 0, Policy 2.1.1 is satisfLed. because NPO #3 has been informed of the proposal and has been given an opportunity to comment on the proposal. In addition, notice of the public hearing and the opportunity to comment on the proposal has been sent to nearby property owners. The Planning Division recommends that the Hearings Officer APPROVE Conditional Use Permit CUP 91-0008 and Variance VAR 91-0014 with conditions based upon the foregoing findings. Prepared by: Approved by: cup91 08.dec STAFF REPORT CUP 91-08 V/RNIO\ARVIDSON Page 6 The City of TIGARD CUP 91-0008 'Willi iota t asp copulas- !sties {implied by lie City at lissii {Mists; Cows— 'bit Isterosties ystem CiS) software. isist- milts ;;raysd bats may Its isttsdat is Is used vitt additions, tesbsiciii tad/sr !Ittrptylities dais ss ditormiset by II. City of Tigard. f1PCIIP111) 4C1 117143121) NOM MO-r-LA ‘..v"^* *r2.kAAV 41-1-04d at/ ezx tkir oVti,cleA ,4 .41 CM441 7404 Pt ,1,14,644 517.711 y'Ckhi A,'” de 4.4•Cr0,444 1 litPri 02"71 (A) hvvv;W4t-. )441‘14 .."12,14Ar tit.A‘t4.4-1.4 rv,„ ft 50 -)act,,,, 444 vd,,i24,4.- eAtt ‘-4.4, 4 2 Jitze ve-4-04 43- /4114.< tk0A441 4,0,-4.1. 1S1350A-02900 . . OF PUBLIC HEAR JUNG, MARTIN MARIA 11400 SW 90TH TIGARD OR 97223 4, di( 114'1 OF TICE OREGON , 494 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICElt, AT A MEETIN Augmgt26412210 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CUP 91-0008 FILE TITLE: Virnig/Arvidson APPLICANT: Sean & Justine Virnig 11405 SW Lomita Avenue Tigard, OR 97223 .*. • „t";',.. • , OWNER: Ove & Denise Arvidson 15217 SW 79th Avenue Tigard, OR 97224 REQUEST: CONDITIONAL USE CUP 91-0008 vIANNZARviDsoN MO #2) A request for ConditiOnal Use approval for a Major Modification to reconvert a single family home to a duplex. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: 11405 & 11407 SW Lomita Avenue (WCTM 1S1 35DA, tax lot 3000) APPLICABLE REVIEW CRITERIA: Community Development Code chapters 18.50, 18.108 18.130; Comprehensive Plan Policies 2.1.1 and 6.1.1. (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 FORTH IN CHAPTER 18.30. ANY PERSONS HAVING INTEREST IN THIS HATTER HA ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE BEARING. INCLUDED IN THIS NOTICE IS A. LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE COMMISSION WILL HE BASED UPON THESE CRITERIA. AND THESE CRITERIA, ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. 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. ALL DOCUMENTS IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171, TIGARD CITY HALL, 13125 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PLANNING ORGANIZATION (NP0) 1 .2 . CHAIRPERSON: Ed Duffield PHONE NOMBEft: 620-8494 bkm/C0P91-08.BKM 13125 SA/ Hail Blvd, P.08 Box 23397, Tigard, Oregoh 97223 (503) 639-4171-- The City of TIGARD Qigafat feta t- map rsfre201- tattaa canslfet-by the. City et i#gsrs stli :tag Cssgra- }1lc leforead.* Syatata ClS) softiies.. taler- ��t p' matise partisysd lore soy be ittaadad to Qs . used vitt eiditiaasf N O R T$ tectsic 1 .star iftisrpretstiet daft ■e.. •atsrntaat' ►y. Me City of ftgsrd {WPCIIPiti) 411 tt 711311 i) July 30, 1991 Re: Conditional use request on a portion of property on Lomita St., on the quadrent of the Northwest corner of the cul -de -sac. In defense of the young couple who purchased this property I would like to bring out a few points to point out that I am sure they had no intent to by- pass the city or commit any violations. 1. It was advertised in the Oregonian as a duplex. 2. The building was divided completely as a duplex, with utilities on both sides. I imagine also the City was collecting double fees for service hook -up as there was a service hook -up on each side. I have watched this young couple and their friends remodeling this building, from a junky looking affair to something real nice and an asset to the neigh- borhood. y g g g borhood. I might also add that there are 10 duplexes already on this street. Therefore, I wish to state that both I, and my wife May Feel that the conditional use permit should be granted. Also we would like to have these poeple as neighbors+ June 30, 1991 Hearings Officer City of Tigard Tigard City Hall Tigard, OR 97223 RE: Property located at 11405 & 11407 SW Lomita, Tigard, OR Conditional use as a duplex Dear Sir or Madam: This letter is our request and explanation for gaining condition- al use as a duplex for the property noted above. Many of the explanations are documented by Linda Walls, Stan Wiley Inc. Realtors letter dated June 28, 1991. Additional comments and or clarifications are as follows: 1. Prior to purchasing the property jointly with our daughter, Justine and son in law, Sean Virnig, we were specifically looking for a duplex. As new parents with limited income with our one year old granddaughter, Nicole, 1:hey required lower monthly payments than they previously had as renters. By purchasing a duplex he mortgage could be offset with rental income, and yet obtain che benefits of home ownership. 2. The property was shown with the above in mind. Material representations were made to us by the real estate agent, Linda Walls, that the property was approved for use as duplex based upon the construction of the property and statements made by the City of Tigard to Linda Walls. This is explained in Mrs. Walls letter dated June 280 1991y and also testified to during the preliminary hearing with the City of Tigard. A message in her real estate file was shown at that time. That message was taken for Mrs. Walls by the receptionist with Stan Wiley from a repre- sentative of the City Planners office dated in October 1990 and affirms Urs. Walls' statements. All of us relied on these material statements in purchasing and upgrading the property. There was no n.tason to question these material statements as the dwelling contained all the features of a duplex. There Were and are two separate exterior electrical boXeS, two circuit breakers (located separately in the two living areas). The layout is clearly for a duplex, two kitChense bedrooms and bathrooms are separated for each living area There are Separate entry ways. There is a fire wall between the two living areas. There are two addresses designated by the U.S. Post Office. Two utility state- mentO are sent by PGE., one for each address. S.W. lomita has a mixture of single family residences and dupleXes. 1 ' ,I• ' • , ' The dwelling had been used for an unknown period of time by the sellers as a single family unit. The rental side was very rough and had not been upgraded. Carpets were torn or just bare con- crete showing, sheetrock had not been textured, kitchen cabinets fairly unattractive and crude. There was trash and no lawn to speak of. Overall not ,fery pleasant and certainly detracted from the homes and other duplexes on the street.. Appearance gave impression that it was a fixer upper. " No one had bothered to take care of the property" and in particular the rental side. 3. We did not alter the dunlex layout. All walls as before are in tact. But we gave the duplex a ma'jor facelift and one which, we believe makes the neighborhood a more pleasant place to live and in keeping with the other single residence and other duplexee on the street. We spent in excess of $8,000 in remodeling and upgrading. We also landscaped the property and even built a patio fence and covered the rough cracked concrete patio slab. That was formerly visible to the other neighbors. In landscap- ing, we took out over ten yards of old cracked asphalt on both sides, took away many pickups of trash. The yard as shown is seeded with a new lawn and we believe visibly attractive to all. The rental side is not large, it is suitable for one or two people only It is a one bedroom, I bath, 500 sq. ft. unit. Well appointed and attractive, newl!: textured, new woodwork and trim, floor coverings, cabinets refaced, upgraded appliances. etc. The exterior, new trim is painted and attr-etive. We have been complemented by neighbors. We did not upgra.., as developers do for mere financial gain. We Wanted to have an attractive home for our family and a upgraded prope:tty for the community. 4. No one verbally or through written communication advised us before or during our Upgrade that anyone within the neighborhood took exception to our renovation or plans to rent the rental side as a duplex. We first became aware of a complLint by the plan- ning department when we had finished and started showing the rental. 5. The duplex will not increase traffic flow or disrupt the neighborhood. Sean & Justine have one auto. The tenants would increase traffic density by one or two autos. The total of auto usage would not appear to be larger than many single family reSidenceS. The lot has ample parking space. 6. The rental will add one more place for the Tigard Community and close to buses and surrounding businesses. ti b • Page 3 7. If the property is not approved for a duplex, this would impose considerable and unwarranted financial hardship. The application fee and newly enacted traffic impact fees are in themselves very experlive and present another needless financial burden. We also lost the rental income from mid June until approval of conditional use as a duplex. If not approved future rental would not be possible and possibly force us to sell and find another property which is affordable. We respectfully request that our application for conditional use be approved. Sincerely, Ove A viclson Denise Arvidson 15215 SW 79th Ave. Tigard, OR 97224 and 0'44 Sean Virnig qnd. J time rm. 1 405 SW Limita Tigard, OR 97223 INC,REAUORS June 28, 1991 Hearings Officer City of Tigard Tigard City Hall Tigard, Oregon 97223 Re: 11405-11407 SW Lomita Request for Conditional Use as a Duplex Dear Sir: This letter is an explanation and in support of the owners request that the abo/e-captioned property be given a conditional use as a duplex. Wbem I listed this property in October, 1990, it was my understanding that the property had at one time been a duplex. It had two addresses, two entrances, two electrical boxes, to kitchens, etc. The sellers had been using it as a single family dwelling. The City of Tigard susequently advised me that it could, in deed, be sold and Used as a duplex as long as both sides were completely and separately equipped. The current owners purchased the property with that in mind and based upon that representation. They then undertook extensive interior renovation to re- store the dwelling to two separate units. We were later advised that my in- formation was incorrect and thus this hearing procedure. Lomita Street is a dog-leg street that ends in a cul-de-sac. The street is primarily apartments at the front and duplexes in the center With approximately 5 single family homes towards the end of the cul-de-sac. An additional duplex would not adversely impact the neighborhood. In fact, the owners had sub- stantially upgraded the property, all in good faith. I, therefore, respectfully request that their application for conditional uSe be approved. Sincerely yours, nda Walls, Sales Associate STAN WILEY, INC. BeaVerton branch 4915 S.W. Grath Drive, Saito 200 beaVertent Oregon 07006 (503) 641.9335 FAX 64*5821 A.f`drh.i/ YEW STREET) ' +•a , . .,...... . . . i� s 2,.... ei ▪ 2700 f/ ° 0 s 0!" . t i _ • . rif :4 : .0: C ri; 3 a; ; 1.' , , lif t I� 1 `. 1145034•E ' 200 , l. 4 V • 230A0 'W .w� • te�/qa . ' � 'v? ▪ „ i S69 ° . 4. 8 ' 4 CA▪ E o ";. . ��ii x .s r. r • t. i ∎.. C.S. 4975 ,; t . �, M'. Nea° 3 ' 200 r. ,,w •'. ',NU bY.. .Ly�.M �. d " N t19 °54'! 452.33 4... .,. N i 'CI 1244 CC t..�. a59 °5: 111 9G .+ t ., • -. h! • .) r 2803 �..' 2 2800 t3.... .86Ac. ��,.•f'a :� ' , �; • "'; ,' .� i....,.wrM ►..+,....dpi: p In N t• rI . d `,` t /, ..r, f 1 :l L wJl.'f! .,, ,,-,.... I20h F.. +{, ,: d ta 't 2x02' .1 ,,, O N .2s lie. R. VACATED .74- know CaS. 5327 224.6 2900 .6SAc. 203.9$ 3500 .5O4c. N69 °3iiE (%5 3300 3IAc. X 0 9 'fit. z 1 4533..9 234.70 , te. ter. ,..�` f The City of TI'GARD Digital ;de1a fk map r= sprea:rs- tatios tenpi;l /I bj its :City of 1igsrd 0.11171:sg 'Messrs-- 0'1z Ibisrnstiar System CIS] asltrori. 11107— =lies portrayed lsrs x+ay be i:stsadld to bs used mitt it.4itipAit bitz bsical es4 /:or interpret stirs da1a Is dtte /nis:ei by 'Le tits el Tijar' 1PCUP.01E) +0D (D7103111) N R T 3 REQUEST FOR COMMENTS TO: We DATE: Jul 23 1991 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 91-0008 VIRNIO ARVIDSON (NPO *2) A request for Conditional Use approval for a Major Modification to reconvert a single family home to a duplex. ZONE: A-4.5 (Residential, 4.5 units/acre) LOCATION: 11405 & 11407 SW Lomita Avenue (WCTM 151 35DA, tax lot 3000) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need yoUx comments by Asqza, 3.991. You May use the space provided below or attach a separate letter to return your commentS. If ou are unable to reemps__,_ please phone the staff contact noted below, with your comments and confirm your comments in writing as soon aa possible. If you have any questions regarding this Matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard o OR 97223. PHONE 639-4171. SUM? CONTACT: Jerry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objection to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person Commenting: Phone thimbert 51(z. bkM/CUP91-08 .8KM • ,.4r4 '4' ''44,::•• .1"; " • REQUEST FOR COMMENTS TO: DATE: ....11(.3.)_3.13,_19_91_,. FROM: Tigard Planning Department RE: COAD/TIONAL USE CUP 91-0008 VIRNIG/ARVIDSON (NPO #2) A request for Conditional Use approval for a Med0r Modification to reconvert a single family home to a duplex. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: 11405 & 11407 SW Lomita Avenue (WCTM 181 35DA, tax lot 3000) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Aga, 1991. You may use the space provided below or attach a separate letter to return your comments. If ou are unable to res ond b the above clittai please phone the staff contact noted below with your comments and confirm your comments in writing aS soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: geggyAffer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Name of Person CoMmenting: Phone Number: 3 bkm/CUP91-08.8KM 4 , 12„ TO: REQUEST FOR COMMENTS DATE: Alay2191._ FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 91-0008 VIRNIGaREU2210 (HP0 #2) A request for Conditional Use approval for a Major Modification to reconvert a Single family home to a duplex. ZONE: R-4.5 (Residential, 4.5 units/acre) LOCATION: 11405 & 11407 SW Lomita Avenue (WCTM 1S1 35DA, tax lot 3000) Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to Our Staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Amg420 1991. You may use the space provided below or attach a se,varate letter to return your comments. If you are unab3.113.1Ie glove date L please phone the staff contact noted below with your comments and confirm your comments in writing as boon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF' CONTACT: Jerry Offer PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. 1.-5lease refer to the enclosed letter. Written Comments: 46.44..4.444.4.44.444.441.44 4.44.444■44.44.4144+5■044.4w.444.4.44.6.4:44/4.44.4 Name of Person Commenti4i Phone Number: bkm/COP91 -084BEM 441.444.4.4444.64,40.44444.4.4 4 4 :SA :* A 1: 1s t CUP91 -0008 o There is no record that the property has paid any additional development fees (i.e, Sewer, park, street, storm, etc...) for the additional unit. It would be appropriate that these fees be paid at this time. o A building permit will be required for the conversion. Plans shall be submitted to the building division showing proposed alterations to the building. The building will be subject to the present edition of the building code, and will be required to be brought into conformance. o The applicant shall obtain permits and approval for the electrical installations from Washington County. Building Div. !tt.' • , PROPOSAL DESCRIPTION FILE NO: CUP 91-0008 FILE TITLE: VIRNIG/ARVIDSON APPLICANT: SEAN & JUSTINE VIRNIG 11405 SW LOMITA AVENUE TIGARD, OREGON 97223 OWNER: OVE & DENISE ARVIDSON 15217 SW 79TH AVENUE TIGARD, OR 97224 REOUEST, ZONE LOCATIOL Applicant requests Conditional Use approval for a Major Modification to reconvert a single family home to a duplex. ZONE: R-4.5 (Residential, 4.5 units per acre) LOCATION: 11405-11407 SW Lomita Avenue (WCTM 1S1 35DA., tax lot 3000) COMPREHENSIVE PLAN DESIGNATION: Low Density Residential NPO NO: 2 NPO CHAIRPERSON: Ed Duffield PHONE NUMBER: 620-8494 CHECK ALL WHICH APPLY: STAFF DECISION cOMMENTo DUE BAcrL2gi_pTAFtsil___1111 PLANNING COMMISSION DATE OF HEARING: ......... TIME:7:30 4IIIMMOINIIMM JL HEARINGS OFFICER DATE OF HEARING: TIME :700 .._...................... CITY COUNCIL DATE OF HEARING: _ TIME:7:30 ..................__ REQUEST FOR COMMENTS AND ATTACHMENTS: JL VICINITY MAP LANDSCAPING PLAN .JL NARRATIVE ARCHITECTURAL PLAN ....._. JL SITE PLAN OTHER: ........... PREPARE FOR PLANNER APPROVAL: JL ADVERTISEMENT - TIGARD TINES JL NOTICE TO PROPERTY OWNERS TO BE MAILED LETTER OF ACCEPTANCE OF APPLICATION NOTICE TO DLCD ATTACHMENTS: STAFF CONTACT: Jerry Offer CODE SECTION: 18.130 OREGONIAN , t PAGE 1 VIRNIG /A IDSON 11405 -11407 SW LOMITA, TIGARD Front view from street showing primary residence at left with address, 11405 SW Lomita, and rental at right 11407 SW Lomita, Ti4477.71", ac, PAGE 3 VIRNIG /ARVIDSON 11405 -11407 SW LO4ITA, TIGARD Separate entry for rental side, 11407 SW Lomita. Sliding door serves as passage between living area and patio. Primary entry had door and was upgraded to current appearance. Patio enclo- sure, outdoor carpet, new doors, concrete slab and walkway. Prviously had cracked and worn asphalt surfacing. Entry door to primary residence 11405 S.W. Lomita. PAGE 4 VIRNIG/ARVIDSON 11405- -11407 SW LOMITA, TIGARD Kitchen area for rental. Cabinetry was refaced, topped, and updated for appliances, floors retiled and carpeted. Primary living area of rental. Upgraded. Baseboards have not been added as of photo. Facing patio: Firewall is on right: Double wall. Closet area was former passage way through primary residence closet: PAGE 5 VIRNIG/ARVIDSON 11405- 11407 SW LOMITA, TIGARD Bathroom upgrade, rental. Tub enclosure, new water heater e cabintry, fixtures and linolium flooring. Primary residence living area, also , upgraded for entry tile, carpets & baseboards Front view from street showing primary residence at left with address, 11405 SW Lomita, and rental at right 11407 SW Lomita. 4 Parking area, carport with 2 autos shown. '■ft . .4-04 . • • ft, • Back side. 4 crtl' v',44 4 4.. 44.■ 4412.s, ' • eft VIRNIG/ARVIDSON 11405-11407 SW LOMITA, TIGARD Separate entry for rental side, 11407 SW Lomita. serves as passage between living area and patio. had door and was upgraded to current appearancee sure, outdoor carpet, new doors, concrete slab Prviously had cracked and worn asphalt surfacing. t. 1/4 ' . 'OW ' ...■ .. : ' ... .4, • 4 ' ' .,.....' 4!"...,::;%.*4*r,,;A:4'.4:t4A' ; A, '''.4'. ..*,t '':. . W ' ' . A : ,„*.44 .. „ *.• , :.:-* hc.' t■s: .': ' .. • ., .4,h , i .; . '' ■.-- "`. :, %..' ' • 1/4 . '4. 1, PAGE 4 VIRNIG/ARVIDSON 11405-11407 SW LOMITA, TIGARD Kitchen area for rental. Cabinetry was refaced, updated for appliances, floors retiled and carpeted. • topped, and Primary living area of rental. Upgraded. Baseboards have not been added as of photo. Fading patio. rireWall is on right. Double wall. Closet area was former passage way through primary residence closet. PAGE 5 VIRNIG /ARVIDSON 11405 -11407 SW LOMITA, TIGARD Bathroom upgrade, rental. Tub enclosure, new water heater cabintry, fixtures and linoium flooring. Primary residence lilting area, also upgraded for entry tile, carpets & baseboards WARRANTY DEED — STATUTORY FORM Individual /Corporate 91013995 Washington County Escrow Number: 2225355 C L Goode, and Barbara Goode Grantor, conveys and warmth to Sean Virnig, Justµne 'rnig, Ove S. Ai-vidson, and Denise L Arvidson Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in County, Oregon: See Attached Legal Description Exhibit °rA ". Washington Country. 0r <,n 41v VlA` Hd1 GTON COUNTY ', PEA pf'op Rrr ri oiveir TAX FEE PAIL iDA': F , The above described property Is tree from encumbrances except covenants, conditions, restrictions, rights Of way, easements and reservations now of record. The true and actual consideration for this conveyance is $ 61, 500.00 Dated this ,,z% day of ✓ / 7 G4 /91/ ; if this deed is given by a corporate grantor, its name Is signed by its authorized officers by authority of the Board of Directors, ar.ara Goo e THIS LAND USE LAWS ANDVREGULAT NS BEFORE SIGNI Ea OR ACC PF DESCRIBED.IN TI119 INSTRUMENT IN VIOLATION OF APPLICABLE p ACCEPT• ING THIS INSTRUMENT THE PER LE TO THE PLANNING DEPARTME++NT T WITH THE APPROVED USES OR COUNTY STATE OP OREGON, County of ve4 Personally appeared the above named✓ L oode and arbara Goode OFFICIAL SEAL DOfl1 F!. At.LSUP NOTARY MY COMOisstoN EXPIRES JULY 05 1Q9t SIAM OF OREGON, count / of e'er. »natty appeared instrument to bo their voluntary act end deed, e' afore hie: foregbiSO Who, being duly sworn, each for hlm8e1f and not one for ilia other, did say that the former is the president end that the latter is the secretary of e corporation, end that the said Inetrumont was signed In behalf of said corporation by authority of Its board of directors; nrtd each of them ecknowledded said Inetiument to be its voiutitery act and deed. seforo me: Notary PubIto for bregon Mycommlesion expires:'? Attsr recordlnq return to: Notary Ptiblio for Oretgon My commission explres: Sean Virnig 11405 SW Lomita Avenue Tigard, Oregon 57223 Untli a dingo it requested all tik oiefenianii efi6li bo sent io the tollowlrig addrosw. Sean Virnig 11 405 S1 Lomita Avenue Tigard, Oregon 97223 SPACE fEBEt♦VEb FOR RECtiteR's USE $TATS OR OREGON, County of 1 certify that the within instru- mo st Was received for record On the day of at-- o'clock -.:_M„ and recorded in book /reel /volume No, on page orasfee /file /instrument/ rnlcrofilm /reception NO, Record9 of Deeds of said county. Witness my hand and seal of County affixed, NAME Fermi NO.On.oe().c fcomputbrf 4 TRANSAM EWA TITLE INSURANCE 'COMPANY 41, ;Y. EXHIBIT "A" Description: Beginning at the Northeast corner of the jr.L. Hicklin Donation Land Claim No. 54, in Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and running thence West 6.5 feet, running thence South 1'57 West 453.1 feet, more or less, to an iron pipe at the Northeast corner of that certain tract of land conveyed to Avon W. and Bernice M. Barber by deed recorded on Page 379 of BoOk 304, Washington County, Oregon Deed Records, running thence South 89'30 1/2" West along the North line of the Barbur tract for a distance of 249.3 feet to an iron rod which is the true point of beginning of the hereafter described tract of land, running thence from said true point of beginning South 1'29' East 114.46 feet to an iron rod, running thence North 89'31' East to an iron rod; thence running North 1'29' West 114.47 feet to an iron rod on the North line of the Barbur tract, running thence South 8930 1/2' West 86.5 feet to the true point of beginning. bated March 1, 1991 Ilefience A ittlitotte Group 14oldintit CoitiOny • STATE OF OREGON county of Washington SS I, Jerry R. liensone,OlVediet of AasessmOnt and Taxation 4indtailOffic1ouR4cordor of Con, Voyances for,saftl dotint9Peibtheretikpartify that the within instrOmOnt,onwritlitoeocroaceived and recorded in boOlt of tecOrde ofealircounty, t)`" I jerry.•,, R. Hansbit Dir or of m (AtitastitipilitViti)'t aittitiO, Ex- Officio potit2tY,Chiric . j o (jAj • '' • 4.1 ,, COO" 4. Do : 91013905 Rect: 51250 100.00 03/25/1991 09:10:41AM Page 2 2225355 rm 41004 4 j. • DATE: .• , CITY OP TIGARD PRE-APPLICATION CONFERENCE NOTES jmoe D5. cte‘t PROPERTY LOCATION ADDRESS: 51 TAX MAP & TAX LOT: 1.61-15-Wk. NECESSARY APPLICATION(S): LaNVD 1,1 AGENT: L Phone: DA- 141.1, •1111.1, 1•••••110././10. ....0011111,10111.111••■•1 5000 PR02T:ne_1P AL DES= ION: •••••••mwromorwarawrammosnUor, iNe.714. Ueo 1\16LC--- AMIL e COMPREHENSIVE PLAN DESIGNATION: 1J UL Atil HA C.- ZONING DESIGNATION: ,--441.5 4.1.11••••••■•■••••■•••11.1,1 EanciaistatilooD PLANNING ORGANIZATION 1 ‘ CHAIRPERSON: gr› 1) PHONt: ZONING DISTRICT DIMENSIONAL REQUIREMENTS rera L) fl1 R-45 Minimum lot size: LiLtaim. ft. Minimum lot width: ft. Setbacks: front- ft. side,- ft.,. rear- ft. garage- ft. corner- ft. from both streets. Maximum site coverage:141426 Minimum landscaprid or natural vegetation area: NIL% Maximum building height: :Oft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet Unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feeb of frontage or have a minimum 15 foot Wide acceSS eaSement. Maximum to depth to width ratio of 2.5 to 1. smitmat SETBACKS iltereettl-::::::=E7-frOM Centerline Of . gettab141511 ft. from LQWerAntertiffitrrearli. , along the Site boundary Flag lot: 10 ft. Side yatd eetbaok ACCesSory StrUctUreat up to 528 Eq. ft. in sizeft5 tt. Setback from side and tear lot lined Accessory structures up to 1000 dele ft. (where dilowed) - See applicable zoning didtrict setbacks Zetb it line lotd: MiniMUM 10 foot separation between bUildinga residential building Separation: See Code Section 18.98.030 *r7 • 'I., • ; Page 1 • a. a , w• "`..- ",•■• r ' 17' 4...*••• e44 1 11 11.1 ■ Y" • SPECIAL BUILDING HEIGHT PROVISIONS Flag Lots: Max,imum height of 1-1/2 stories or 25 ft., whichever is less in l st zones; 2,-1/2 stories or S5. ft. in R -7, R-12, R -25 or R -40 nee if standards of Code Section 18.98.030(D) are met. Building Height Except ns (Code Section 18.98.020): Buildings located in a none.resid©ntial zone m be built to a height of 75 feet provided: 1. Amii"mum FAR (building floor area to site area ratio) f 1.5 to 1 will exist; 2. All actua uilding setbacks will be at least 1/2 the building height; and 3. The structure 1 not abut a residential zone district. RESIDENTIAL DENSITY CALCULATION Community Development Code Chapte 18.92 specifies that the net ',residential units allowed on a parti ular site may be calculated by dividing the net area of the developeb area by the minimum number of s �qure feet required per dwelling unit in he applicable zoning district. NetN'4evelopment area is calculated by s •treating the following land area(d), from the gross site area: 1 . All sensitive lands areas - land within the 100 year floodpl -in - slopes exceeding 25% drainageways 2, Iskrid dedicated for park purposes 3. Pu b.ic right-of-way dedication 4. A11\land provided for private Streets ncludes accessways through parking areas) NN The City of Tigard att.lows a residential density trannfe_ of up to 25% of the unite that could otherwise have been developed on gnaitive lands areas listed in (1) ova to the developable portion of the site in accordanceW,th Code Sec ion 18.92.030. it is the responsibility o the applicant for a residential de eldpment application to provide a det Lied calculation for permitted res dential density and it d transfer: RESIDENT , DEVELOPMENT SOLAR ACCESS UIREHRNTS �' Ef fec`tive May 1, 1991 all aubdiviei a and minor partitions are sub3ect to t that 80* of all lots developed ,mush solar .gcesa ra quirements which ta be solar oriented, The characterieti of a eolat- oriented lot are high striking the south walla and roofs of the houae, houaesorien ation maxims ing south windo area, and a south- sloping roof a`.dea. To adit eve this, one may utilize th , followings 1. 'Basic requ ement s Design a lot with at J set 90 feet of north -eouth lot dimenei and an orientation within 3 degrees of south; 2 Protected Sol Building tine: The solar b line must a) be oriented � ni,.ntun of 10 foot riented withi 30 degrees of soutk�, b) hav a mi between it and t middle , d) have a ainuan fiddle of the lot to the ...soft of 48 feet hetween t and the northernmost build le boundary of the p g ' required 3. Performance 0 tiQns. he first option, .ro a.res t house to be lot on which the bu din line is ocated oriented within 30 deg -ea of an eaot -went axis and ave at leant 80% of the ground floor a • th wall protected from shade. The second Page 2 410 option requires at least i14 of the glass and 500 sgil(tre feet of the roof area to fa6S south and 'e prot=teri,fyom shade. ' Total or partial Odmption of a site be for the foll ing reasons: East, Off 3. \ On- Adjus be f est or north elopes steptir than 20%. / % / mmts allowing reduction/of the 80% sol lot designorequirement can he following reasonsf . Red ed density or ,an increased cost of at to: \ / - eastl., west or, north slope greater than.16%, - significant natural feature, - existing road or lotting pattern, - public eabement or right-of-way: ., 2 Reduction in\ important development/amenities. 3. Pre-existing shade (vegetation)./ Nape and teXt sufrAent to show the development complies wi degignotOdard,except,forlatFilftrwhiChantmemptionerAdd ../ required, including all of the 011owing items: ' Y 1. The north-south lot 41.mension and front lot line orientation b each proposed lot. , 2. ," Protected solar builliir lines and relevant building te / restriction, if apOlic le. For the purpose 4 identifying trees exempt from Section F, a im\ak / howin existin ,'trees at least 30 feet tall and over 6 inches', diameter at a *ant 4 fee above grade, including their height( diameter and sPecies, and tit ting that they are, to be retained and are exeMpt. / 4. Copied og all private rostridtNond relating to solar access. \ If an exemption or adjustment is reqjieted, maps and text E3uf cient to show that given lots or areas in the , evelOpment comply with t� standards N., for such an lexemption or. adjus shall he submitted. RESIDMItIMA DENSITY TRANSITION ‘ Fegardlqdd of the allowed *wing denmity in A zon0g district, any property Within 100 feet of '4esignated edtablidho- area shall hot be deval0Ped at a dendity,:great64 than 125 percfthk of the maximum Compfehensive Plan designation (ndt„soning) of th adjacent parcel: PARKING NW ACCESS • Required automobile parking for this type of use: secauldaequI4e4-papitiegt. 25% of required spaces May ho designated coMpact-only atandard parking space dimensions: 9 ft. X 18 ft: Compact parking space dimensions: 8.5 ft. X 15 ft. spades. Handicapped king: All parking ateld■pfbviding in reqnireatxbstobile parking opaceahI provide apptopt dei1t5d handicapped parkin aced. The minimuMA Page 3 • yr, i`�Xl _. ♦ s '�, LEGIBILITY STRIP rJF •,"„ . 44. • . . • • parking spaces to be provided and parkis apace size are mandated by the Oregon Revised Statutes (sea hand ). A handicapped parking space symbol shall be painted on the p z1ling apace surface and an appropriate e sign shall be provided. Bicycle racks are ret ed for civic usee, non-res uses, commercial uses, and ndustrial uses providing 15 coplore automobile parking epaces. ; 'ycle parking meet be providWat a ratio of one bicycle rack spa per 15 auto parking spacee.,/Bicycle racke ohall be located in are protected from automobile tragic. The Planning Division can provide ecifications for approved bicy61e rack types. Al]. par •ng areas and driveways must bepvdd. Driv -in use queuing areas: Minimum number of acceesest Minimum access width: Maximum access width: Pedestrian accede)mst be provided between building entranc and parking areas, outdoor c6Mmon areas, and public sidewalks and s eete. For detail information on design requirements r parking areas and accessee/pee Community Development Code Chapte 18.106 and 18108. 4( da • Ow .1 I • I I • I. • • • • • • 11 • • ■■■• • • • NI • CLRAR VISION ARRA The City requires that clear vision be maintained between three and eight feet above grade at road/driveway, road/railroad, and road/road intersectiond in specified clear vision areas. The size of the required clear vieion area depends upon the abutting street's functional classification. LANDSCAPING Street trees are required for all developments fronting on & public or private street or a driveway more than 100 feet in length. Street trees must be plated either Within the public tight-of-way or on private property within six feet of the right-of,-way boundary. street trees must have a minimum caliper of two inches at four feet above grader Street treed dhould be spaced 21 to 40 feet apart depehding on mature tree eize. Further information on relations affecting street teen and a list of recommended street treed May be obtained from the Planning Division. A Minimum of one tree per seven parking spaced Must be planted in and around parking areas in order to provide a canopy effect. LandoCaped screening of parking Ivrea° from views from public rights-of-way must be provided. 1 .1 • • • • NO 1 I I I I I • ■•• Page 4 4 • tt, • ;.. , *t. • 4 4o, BUMMING AND SCREENrNG In order to increase pr visual impacts betwee land, uses, the Ci perimeters. A cy and to reduce or eliminate adve adjacent deveL ipmenta, especially .requires landscaped buffer area 9gired buffer areas are described width. Buf air area must be occupied by a mixture of deciduous and, evergreen reed and shrubs. Site obscu51.gt screens or fences are also requir d in soma cases, and often ax: advisable even if not required. Rey ed buffer areas may only often by vegetation, fences, 1itLes, and sidetalko. Additional information r buffer area materials and sir may be €oxnd in Code Chapter. 18 00 and the Planning Division •utlletin on landscaping and buffering. Required buffer "widths applicable to your proposal -a: ft . along north boundary ft. along south boundary })1"lditionv eight obscuring screening' is required along se noise or een different ong certain site the Code in terms of SIGNS Permits must be obtain: A "Guidelines fo Additional Eli the sign p afore erecting any sign in the City * ..' • ard. gn Permits" handout is available "n request. ea or height beyond Code standard �„ be permitted if oral is reviewed as part of a dev itent application. SBNSn'Xys, tams DBDITXONAL PLANNINti CONCERNS OR COMMENTS Page 5 PURE a• Administrative staff review. Public hearing before the land use hearings officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. Another public hearing is held by the City Council. All applications must be accepted by a Planning Division staff member at the Community Development Department counter at City Hall. Applications submitted by mail or dropped of at the counter without Planning Division acceptance may be returned. Applications submitted after 4 :30 P.M. on Thursday will be batched for processing with the following week's applications for processing. No applications will be accepted after 3 :00 P.14. on Fridays or 4 :30 on other days. Maps submitted with an application shall be folded in advance to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. The Planning Divisionn and Engineering Division will do a preliminary review of the application and will determine whether an application , s complete within 10 days of subrmittal. Staff will notify an applicant if additional information or copies of the Submitted materials are needed, The administrative decision /public hearing typically will occur approximately 45 to GO days after an applicatiois is accepted as complete by the Planning Division. Applications involving difficult issues or requitinig review by other jurisdictions may take additional time to review. Written decisions are issued within 10 days of the hearing. A 10 day appeal period follows a 1. decisions. An appeal on this matter would be heard by the A basic flow diagram illustrating the review process is available from the Planning? Division. The pre-application conference and the notes of the conference rence are intended to inform the prospective applicant e licant of the rimar Community Developrent Code re t ire> eats applicable . to development of a particular site and to allow the staff an prospective applicant to discun the opportunities and constraints affecting development of the site. The conference and notes cannot cover all Code requirements and aspects of good bite planning that should apply to ti WW1 development of your site plan. Vellum of the staff to provide any information required by the Code shall not constitute a waiver of the applicable standards.or requirements. It is recommended that a prospective applicant either obtain and read the community �. ..for to submitting an e of City staff relative to coda requirements �� Code or as�c an questio application. Another submitted metre than Six montha rafter this, pre -a an plLcat �,�.t.i.on is to e, pre-application ican �norrEQrence unless the oeccnd conference is deemed unnece8sary by the planning Division PREPARED BY: 9 OFF-m , PLANNING DI ISION PHONE: 639- -4171 Page 6 PUBLIC FACILITIES The purpose of the pre-application conference applicable Comprehensive Plan policies and ordin Irovide City staff an opportunity t6‘ comment or( specific concerns; and Nk ii) to review the application r4View prtkess with the applicant in'luding identifying who will be tilst, final decision maker for the app requ by th the de and the applicati improvemen development //t 4 to: (i) identify ce provisions; (ii) to ication. The extent of public imp and dedications to be ed of the applicant will, be recosmed by City staff and approved appropriate authority. There ii114 no final recommendation to sion maker by City staff until cl/ comMpnting agencies, City staff public have had an opportunity to 411view and comment on the n. The following comments are i projection of public related requirements that may be re red as a condition of approval for your project. Ri.ht-of-wa edication: The City of Tigard require that land area be dedicated to t e public to increase abutting public ,zigtlts-of-way to the ultimate functi al street classification rights-of-way Vidth specified by the Community De elopment Code. Approval of a d velopment applicatio for this site ll dedication of right of-way for to feet from cen rline. Street imrovementel 1. street improvements Will be neceosary along 2. street improvements wi1 l. be necessary along \ /f 3. Needed street improvements witi include ___/feet of pavement from centerline, curb and gutteff storm sewers/ a five-foot wide sidewalk, necessary 'street signit, streetlight,es4 and a two year streetlighting fee, \ Its some cases where street improvecnts 91 other necessary public imptevements are not cmrrently practical t street improvements may be deferred. In these caMes, as a conditio of development approval, the property owner(9) must execute a non-rem9itranCe agreement which waives the property owner's right to temonstrat ag inst the formation of a local improvement district formed to improv 2. PedestrianWysibikoways: Sanitary Sewers: )hke closes' sanitary sewer to thidproperty is an inch line iodated The proposed development muOt be coh ected to a sanitary sewet. It the developer's responsibility to extent the sewer along the proposed deelopment site's Storm sewer implovements: Page 7 ter Supply: The provides public ater service in the should be co acted fot .information proposed d9 elopment. Water strict (Phone: are of this site. The District rigarding water supply for your otections Tualatin Val ey Fire and Rescue District (Contacts Gen Bircall, 645-8533) prov es fire protection services within the City/ Tigard.- The Distric hould be contacted for information regard4z4 the 'adequacy of circ4,1 ion systems, the need for fire hydrants,4r other questions rel.e'd to fire protection. Other Agdncy Permits: TRAFFIC IMPACT FEES In August, 1990, the Washington County Board of Commissioners adopted the county-wide Traffic Impact Fee (TIF) Ordinance and re;lerred the measure to the Washington County voters. In September, 1990, the Washington County electorate overwhelmingly approved expanding the TIP program throughout all jurisdictions within the county. This action placed into effect an increased Street development fee on all new development in Washington County. The City of Tigard has adopted the cl Ity's program. The City Traffic Impact Fee program will cone', fees from new developmant based on the "development's projected impact ol the transportation system. Developing properties will be required to pay used on the number of trips they are projected to generate. The TIP is cllculated based on type of Use, size of project, and a general use based fee category. The TIP shall be calculated at time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until issuance of occupancy permit. Deferral of payment until occupancy is permissible only when the TIP is greater than $5,000.00. STORMWATER QUALITY FEES The Upified Sewerag gency has establis -d and the city has reed to enforde, Resolut„Wn No. 9043, Surf'- z Water Management gulations, requiring thp,o6nstruction of on .-a -;, water quality facil es or fees in r lieu of ti of a water qual y facility be built .', he fee is based on 0rt. construction. T resolution reqUires fiat a fee and/or constu the amount of iMpervioue face, for every 2640 quarp Peet or portion thpieof, the fee shill,b $375.00. The City or1gard determines it a ilpe \\\\ pt facility &il m be ilt. -,,, =Rift OPENING PERMIT No work withi a public right-Oa hall commence until e applicant had obtaine' a street opening perm56f rom the Engineerin epartme FINISHED L� ELEVATIONS On ay projects that requir a grading plan the A plicant shall submit', w4 the grading plan a t cal floor plan for 9A611 lot which shall have 1e elevations of our irnSrS of that plan aldhg; with elevations at the 'cornet of each lot. 6A V" t PREPARED BY: ENGINEERING DIVISION PHONE: 639-4171 670:PREAPP.HST Page ,9 Staff Date �_� CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requiriments. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your appli • b) Proposed streets or other ptblic s & easements on the site. c) Alternative routes of dead end or proposed streets that require future extension The location o.nd dimension of a) Entrances and exits on the site b) Parking and circulation areas c) Loading and services areas d) Pedestrian and bicycle circulation e) Outdoor common areas, f) Above ground utilities ,) The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities and analysis of downstream conditions 7) Sanitary sewer facilities Q) The location of areas to be landscaped 9) The on of outdoor lighting considering crime y meprevention techniques 10) The location of mailboxes 11) The location of all structures and their orientation 12) Existing or proposed sewer reimbursement agreements Grading Plan (No, of copies ) The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: I,) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it, is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report ` i service proposals sewer and storm b) Td�a�raia�elserof sanitary c) That all pro blems will be mitigated and how they will be mitigated D) Architectural,._..brawin s (No. of copies ): Ca The site development plan proposal shall include: ' ) loon plans indicating the square footage of all e/// t structures proposed for use on -site, and C 2) Typical elevation drawings of each structure.e, C ] E) Landscape Plan. (No. of copies )' C 3 The landscape plan shall be drawn at then same tale of the site analysis plan or a larger scale if necessary d shall indicate: of the irrigation system where a pl p icable C 3 2) Location and height of fences, buffers and screenings C 3 APPLICATION CHECKLIST - Page 2 YEW STREET) Ni9-4't 2702 .394c. 96 2803 .24 Ac. 120 2802 .264c4 ?meow ‘INN C.S, E MAP 35DD on 3200 C,S, 460