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CUP1991-00010
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. STATE OF OREGON County of Washington City of Tigard 0 I, �� a L f IA� , being first duly sworn/affirm, un oath depose and say: (Please print) That i am a % S •� x. tZr The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEAR /NG FOR4 ✓That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission ✓Tigard hearings Officer Tigard City Council A copy (Public Hearing Notice /Notiige of Decision) of which is attached (Marked Exhibit "A ") was mailed to each named persons at tb.e- 'ddress shown on the attached list marked exhibit "B" o,'• the _WA, day of I 19, said notice NOTICE OF DECISION as he o attached, was posted on appropriate bulletin board on the Ityiv.. day of a:/ , 19_ and deposited in the United States Mail on the (r s-► day Jf P.4 4..a. 19 . postage prepaid. AFFIDAVIT OF MAILING Prepared Notice /4-',_ Posted_(For Decision Only) Su= scribed and sworn /affirm to me on the 19'r ►'� ^ OFFICIAL SEAL • OATRI±MNR WHEATLEY �. NOOTARY FOR-OREGON MMISSION NO, 006060 MY COMMISSION EXPIRES MAY 10, 1995 day of of ad 7 NOTARY 1` BLIC OF OREGON My Commission Expires: J' Person " iiirrdelivered to POST OFFICE Sub ribed and sworn affirm to me on the 19 day of My PUBLIC 0 • REGON -e- mmission Expires: '° bkm /AFFIDAV. BKM LEC !E /LITY STRIP A, CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning case Number(s): CUP 91-0010 MLP pi-ool4 ..••■•■■•••■•■A.AMM Name of Owner: Dean A. Schumacher Name of Applicant: Same • 3. Address 13800 SW 110th Avenue City Tigard State OR Zip 22212__ 4. Address of Property: 13800 qg 110th Avenue Tax Map and Lot No(s).: 2S1 3DDI tax lot 1300 6. Request: A re eat for Conditional Use a royal to, allow the placement of an existing dupleggtoctpse on a lot zoned for sike famiy,e1linqg Also requested is Minor Land Partition approval to divide a 0.51 acre arcel into two lglp of 10,000 and 11,61(Lagmare feet each. a • ZONE: R-4.5 (Residential, 4.5 units/acre). The allows single lankily detached residential support facilities, residential treatment manufactured homed, family day care, home temporary use, and residential fuel tanks 6. Action: X Womemommmer Approval as requested Approval with conditions Denial R-4.5 zoning unite, public homes, farming, occupations, among ether uses. 7. Notice:, Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) x Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Der:idiom THE DECISION SHALL BE FINAL ON Februari_20, 1992 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and Otatement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and &tction 18.32.370 which provides that a written appeal may be filed within 10 day d after notice is given and dent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs (varies up to a MaxiMum of $500.00). The deadline for Tiling of an appeal is 3:30 p.m. g5211011E421,122_ 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. • .„, • Regarding a request by Dean Schumacher for a ) conditional use permit for a uuplex in the R-4.5 ) zone and minor I Ind partition at 13800 SW 110th) Avenue in the City of Tigard, Oregon RECEWED PLANNING FEB 07 1992 FINAL ORDER CUP 91-0010 MLP 91-0014 (Schumacher) I. SUMMAitY OF THE REQUEST The applicant requests approval of a conditional use purnit for a clwlex in the R-4.5 zone. The applicant also proposes a minor land partition to create two lots. One of the lots will be used for the proposed duplex; the other lot is developed with a single family detached dwelling. The applicant will make frontage improvements along SW 110th Avenue and Garden Park Place adjoining the site, although no sidewalk will be provided along SW Garden Park Place. At the hearing in this matter on January 27, 1992, City staff recommended conditional approval, The applicant accepted the recommended conditions, except a recommended condition limiting vehicular access to SW Garden Park Place. The applicant also requested modification of a condition regarding timing of street improvements, in which City staff concurred. No testimony was teemed from the general public. LOCATION: 13800 SW 110th Avenue; WCTIVI 251 3DD, tax lot 1300 APPLICANT AND PROPERTY OMAR: Dean Schumacher APPLICAI3LE LAW: Community Development Code Sections 18.50.040(6), 18.50,050(A), 18.88.040(C), 18.106.030(A), 18.108.060, 18.108.070, 18 ..up.... J40, 18.130,150(C)(10), 18.162.040, 18.162.050(C), and 18.164; Comprehensive Plan Policy 2.1.1; Resolution and Order 91-47 STAFF RECOMMENDA'T1ON: Conditionally approve HEAR_INGS OFFICER DECISION: Conditionally approved H. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 175 feet wide (east-west) and 105 to 125 feet deep (north-south), and contains 24,144 square feet (0.55 acres), including right Of way vacated by the City Council on December 10, 1991. B. Site location The site is the southeast quadrant of the intersection of SW 110th Avenue and Garden Park Place, Page 1 - HearingS Officer decision CUP 91-0010 and AILP 91-0014 (Schumacher) C. Existing Fuses and structures : There is a single family detached dwelling situated 24 feet from the east edge of the site, 50 feet from the south edge, 34 feet from the north edge and 78 feet from the west edge. Access to the dwelling is by means of a 20 -foot paved drive that extends west to 110th Avenue along the south edge of the site. D. Proposed uses and structures : The applicant proposes to divide the site into two lots. One lot would be the east third of the site 71 would be about 95 feet wide (east-west) and 123 feet deep (north- south). It would contain about 11,685 square feet and the existing single family dwelling. The applicant would extend a new driveway from the existing driveway to SW Garden Park Place, although the applicant also proposes access via the existing driveway to 110th Avenue. The second lots would be the west two - thirds of the site It would be about 81 feet wide (east-west) and 124 feet deep (north - south). It would contain abort 10,000 square feet and the proposed duplex. Access to the duplex lot is proposed to be by means of the existing private driveway to 110th Avenue, although an alternative design provided by the applicant shows driveways exten ding north to Garden Park Place from the duplex. For the duplex structure, the applicant proposes to relocate an existing duplex situated about 550 feet to the southwest where the City is malting road improvements that require removal of the structure. The duplex structure would be situated at least 20 feet from the adjoining street frontages, 17 feel` from the east property line, and 36 feet from the south property line. The applicant requests approval to locate the duplex structure on the subject site and connect utilities to it before completing road improvements adjoining the site; it will not be occupied until frontage improvements are completed and accepted by the City. See the Site Development Plan and Details for Proposed Alternate Foundation. E. Existing and proposed i iegetation conifer and deciduous trees and The site contains more than. a dozen large, mature co shrubs. A line of 8 ceriat trees, 1 holly bush, and 1 laurel bush, together with existing vegetation to the south, substantially screen the proposed duplex lot inn the adjoining property to the south. The applicant will remove three pine trees on the single family lot to accommodate frontage improvements and one Douglas fir on the duplex lot to accommodate that structure. The applicant plans to preserve other existing trees and shrubs on the site and to plant 30 to 40 juniper bushes along the Garden Park Place frontage of the duplex lot. See the Landscape Plan. F. Topography and drainage The sit e slopes to the southwest, with more steep slopes along the Garden Park Place _ - , a storm sewer line in SW 110th frontage, � � directed The applicant will install a catch basin to Storm water from the site will Avenue. 'l'h asln tnear the 110th Avenue/Garden Park Place intersection to intercept water from 110th Avenue. The applicant does not propose to provide on -site storm water quality enhancement features. C. Plan resignation and zoning : The site and land to the north and east are designated and zoned R -4.5 (Residential, 4.5 per s'gn _ zoned R -7 (Residential, 7 units per units er acre). Land. to the south and zoned. Rd3.o (Residential, 3.5 units per acre). acre). Land to the west is designated Pane 2 - Hearings Of cer decision CLIP 91-0010 and JIMLP 91-0014 (Schumacher) • .p, IL Public services and utilities : The existing dwelling is and will continue to be served by public sanitary sewer and water systems. The applicant plans to connect the proposed duplex to public sanitary sewer and water systems. The water service line for the existing dwelling will cross the southeast corner of the proposed duplex lot. See the Site Development Plan. I. Sweets and access : The site has about 175 feet of frontage along the south side of SW Garden Park Place and about 123 feet of frontage along SW 110th Avenue. SW Garden Park Place is a U- shaped road that was developed as part of the Gaarde Place and Karen Park subdivisions. It is classified as a local street. Except along the frontage of the subject site, the street is dedicated and improved to City standards, although a sidewalk was not built or required along the inside of the U for the street's full length. SW 110th Avenue is a minor collector street. It has a 20 -foot half-width right of way and a 16- foot paved section without curb or sidewalk adjoining the site. J. Surrounding land uses Within 300 feet of the subject site, there are 10 one- and two -story single family detached and 13 duplex dwellings. West and southwest of the site, across 110th Avenue, is the First Baptist Church and its annex and parking lot. DI. APPLICABLE APPROVAL STANDARDS A. Title 18 (Community Development Code). 1. Section 18.50.040 lists Duplex as a conditional use in the R -4.5 zoning district. Sections 18.50.50(A)(3) and (4) contain the following dimensional standards for the R- 4.5 zone: Minimum lot size..:......... .....7500 sq. ft. Average minimum lot width ...... i .... 50 feet Front setback i ..: 20 feet Interior side setback : : 5 feet Street side setback :. i Y :...: i i ...::::.:15 feet/20 feet for a garage Rear setback ...:::::o. i.:.. i i :15 feet Maximum building height .:..:....:... 30 feet 2. , , 3a access standards for new development. A lot complies with this 0 section if it has a north -south dimension of 90 feet or more, and has complies Vv front lot line that is oriented within 30 degrees of a true east -west axis. 3. Section 18.106.030(A) requires at least 2 parkin. spaces per detached or attached dwelling unit, at least one of which must be covered 4. 18,108.060 Sectioa l that 'direct vehicular access to collector or arterial streets from single family dwellin g s and duplex lots shall be discouraged, and direct rect vehicular access to a major collector or arterial street is prohibited if there is an , .. access to the site Section 18.108 requires drives for each alternative means of a.cce wide drive for a single family dwelling or for a duplex separate ch Page 3 . hearings Officer decision CUP 91.0010 and AMP 91.0014 (Schumacher) } unit and aminimum 20 -foot wide drive for a duplex with a shared driveway, Section 1&108.100 provides the Director may restrict the location of driveways to eliminate turning movement problems. 5. Section 18.130.040 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. dL 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), iif applicable, are met. f. The use will comply with the applicable policies of the Comprehensive Plan, 6. Section 18.130.150(C)(10) poivides 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. 7. Section 18.162.040 contains standards for minor land partitions. To be approved, a preliminary plat must comply with the following criteria: a� xt must comply with the City's comprehensive plan and applicable statutes, ordinances and regulations, including size and dimensional requirements; b. Adequate public facilities must be available to serve the site; and c, All proposed improvements must comply with City and applicable agency standards. 8 Chapter 18,164 contains standards for streets and utilities, a, Section 18,164.030(A) requires streets within and adjoining joining a development to be dedicated and improved based on the classification of the street, b. Section 18,164,030(E) requires a local street to be improved with a minimum 34 -foot paved section between curbs and sidewalks in a 30 -foot right of way and a minor collector street to be improved with a minimum 40 -foot paved section between curbs and sidewalks in a minimum 60 -foot right of way, An exception to the sidewalk requirement can be granted in an established area where the public benefit does not warrant the private adverse impact of providing the sidewalk. Page 4 - Ilearings Officer decision CLIP 91 -OOW and AILP 91.0014 (Schumacher) a; :1 rt � ••, c. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for stomt water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. Policy 2.1.1 requires that adjoining property owners, the local NPO and the general public have notice and an opportunity to comment on proposed development. C. Resolution and Order 9147. Resolution and Order 91-47 requires all new developments that add additional impervious surface to include a water quality treatment facility. IV. HEARING AND TESTIMONY A. Hearing. The Hearings Officer received testimony at the public hearing about this application on January 27, 1992. A mcord 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. Ron Pomeroy testified for the City and summarized the staff report. Be recommended that the Hearings Officer allow the applicant to place the duplex structure on the site before completing street improvements to accommodate the planned removal of that structure from a proposed street right of way. He further recommended that the Hearings Officer grant an exception to the sidewalk requirement abutting Garden Park Place, because the remainder of the street does not have a sidewalk and placing one adjoining the site could create hazardous conditions. 2. Dale Schumacher testified on his own behalf, He summarized the merits of the proposal and argued in favor of maintaining dual access to SW 110th Avenue using the existing driveway. C. Agency and NPO Comments, The Hearings Officer incorporates by reference the agency and NPO comments at pages 3 through 5 of the staff report dated January 26, 1992. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Community Development Code). 1. The proposed lots and conditional use comply with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R45 zone, and the lots and structure comply with the dimensional requirements of the zone. Page S - hearings Officee decision CUP P1-0010 and AILP 91-0014 (Sehumachet) It 2. The proposed lots comply with Section 18.88.040(C), because both lots have a front lot line oriented within 30° of a true east-west line and a north - south lot dimension of at least 90 feet. 3. The proposed use complies with Section 18.106.030(A), because each dwelling will have at least 2 parking spaces, at least one of which is covered. 4. The proposed use can comply with Section 18.108.0601 access is limited to SW Garden Park Place. Because access is practicable to a local residential street, access to SW 110th Avenue should be discouraged. Allowing access to 110th Avenue would increase the potential interruptions in the flow of traffic along the collector street f4t a point where sight distance problems may exist due to grade changes. Restriction of the access is consistent with Section 18.108.100. The proposed driveway ;widths comply with Section 18.108.070, because each dwelling will have a separate driveway at least 10 feet wide. 5. The proposed use compiics with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving most existing mature vegetation. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated in an area characterized by duplex dwellings, it preserves an existing structure that minimizes the impact of building height, and it does not contains significant physical hazards or natural features that would be adversely affected by development. c. Public sewer and water. are available to and have capacity to serve the site. d. The applicable provisions of the R-4.5 zone are fulfilled as noted above. e. 'flee use will comply with the applicable Comprehensive Plan policies, based on finding V. E. E The front, rear, and street side yards are at least 20 feet and the interior side yard is at least 5 feet. g. Building height does not exceed 30 feet. h. The duplex site contains at least 10,00 square feet. 6. The rc► sed minor land partition complies with Section 18.162.040, because the proposed lots comply with the City's comprehensive plan and applicable ordinances as provided elsewhere herein, adequate public facilities are available to serve the lots, and all proposed public improvements will comply with applicable City standard except as otherwise provided herein. 7. The proposed partition and conditional use comply with Chapter 18.164, because: a The applicant : licant dedicate and improve roads adjoining the site to City . � will ded�c standards An exception t o the sidewalk requirements along SW Garden Park Place is warranted for the reasons described by Mr. Pomeroy in his testimony. CUP 91-0010 M ' 91 -0014 (Schumacher) b. Lots are not more than -1/2 deeper than the lot width and have at least 25 feet of frontage on a street. c. All lots will be served by public water, sanitary sewer and storm drainage systems. Conditions are warranted requiring granting of easements for utilities where they cross private property, and requiring the applicant to submit a plan showing the location of existing utilities that will be retained. Conditions are also warranted requiring the applicant to show that the downstream surface water system can accommodate peak storm runoff from the without exceeding the capacity of the system or causing water to overflow onto adjoining private property. B. Compliance with applicable Comprehensive Plan Policies. The proposed use complies with Policy 2.1.1, 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. C. Compliance w!h Resolution and Order 91-47. The proposed'use can comply with Resolution and Order 91-41 by providing on -site surface water quality features or alternatives permitted by law. VI. SITE VIS1T BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed partition and conditional use. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed partition and conditional use will not be significantly detrimental 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 -0010 and. IMP 91 -0014 (Schumacher), subject to the following conditions: THE FOLLOWING CCNDmONS SHALL Bl; MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT UNLESS O'T'HERWISE ITOTED. UNLESS OTHERWISE NOTED, 111E STAFF CONTACT FOR ALL CONDITIONS SI-IALL BE CHRIS DAVIES, ENGINEERING DIVISION, 1 Provide the Engineering Department with a recntried mylar copy of the final survey; or, if approved by the City of Tigard but not yet recorded with Washington County, the applicant shall have 30 days after recording with Washington County to submit the copy to the City. The plat shall conform to the requirements of Section 18,162.080 and ORD 92,05, • 2. The applicant shall show that storm water a linage facilities are adequate to . n accem odate storm water from the site to the extent deemed wan-anted by the City Engineer. Page i - ,clearings Officer decision CUP 91 ,0010 and il1LP 91 -0014 (Schumacher) 3. The applicant shall submit and receive approval of an erosion control plan. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook," November, 1989 to the extent deemed warranted by the City Engineer. 4. The applicant also shall install and maintain a water quality facility that complies with Resolution and Order 91 -47 as approved and adopted by the Unified Sewerage Agency. The City Engineer may waive this requirement to the extent allowed tly regulations of the Environmental Quality Cofnrnission and Unified Sewerage Agency as they exist at the time public improvement plans are approved. 5, The applicant shall dedicate right of way as necessary for a 30 -foot half -width adjoining the site's 110th Avenue frontage and improve that frontage with a half-width improvement to mrior collewtor standards that conform with the alignment of the existing adjacent improvements. 6. The applicant shall improve the site's Garden Park Place frontage with a half-width improvement to local street standards that conform with the, alignment of the existing adjacent improvements, provided the applicant is not required to install a sidewalk within this frontage. 7. Before being construction of public improvements, the applicant shall submit detailed public improvement plans and profile construction drawings to the Engineering Department for preliminary review and approval and participate in a pre - construction meeting with City staff, The plans and estimate of improvement costs shall be prepared by a professional engineer licensed in Oregon. Contact the Engineering Division to determine the number of sets of plans to be submitted, 8. Before approval of the final plat, the applicant shall amend the plat or rife documents with the plat and binding on the owners of both proposed lots to include a statement that direct vehicular access for both proposed lots is limited to SW Garden P rk Place. The applicant also shall amend the final plat as necessary to show an easen :nt where a utility that serves one proposed lot crosses another proposed lot. 9. The applicant may place the duplex structure on the site and connect utilities to it before complying with other conditions of approval; provided, the structure shall not be occupied until after the street improvements are completed and accepted by the City. TTr.YE CONDITIONAL USE PERMIT AND PRELIMINARY PARTITION MAP APPROVAL ARE VALID ONLY IF EXERCISED WITHIN EIGHTEEN( MONTHS OF THE EFFECTIVE DATE OF THIS DECISION OR AS EXTENDED PURSUANT' TO CITY CODE, Page 8 -Hearings officer decision CUP 91 -0010 and ML? 91 -0014 (Schumacher) The City of TIGARD CUP 91-0010 MLP 91-0014 MEM MEW Site Area 13 fete mop eeproset- titles tempi's. by Hit till Ilweei 4legre- lilt Wilmette. Sysisie Us) *Wes witered lets siey be Isteadei le be seed with edflitieeol locksiell eviler ietorpeelltive 4i so delsreleet by the City el 1031.11112) 40g (11Illil1) N 0 ITII DEAN SCHUMACHER 13800 SW 110TH AVE TIGARD OR 97223 HERMAN PORTER 11875 SW GAAF EST `HOARD OR 97223 STAFF REPORT JANUARY 26, 1991 .- 7:00 PM TIGARD HEARINGS OFFICER TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGrAD, OREGON 97223 I. FACTS 1. General Information CASE: CONDITIONAL-USE CAW' - MINOR: %Atli ±CN -'44trati .91-40011, COMPREHENSIVE PLAN DRSIGNATION: LowDentity,,Reitidential TIONIUG:)DESIGNATION, 1J40444 S t7 UniiM44i iibre)0 LOCATION32--13800 SW .11.0th Avedie (WCTM 251 3DD, tax lot 1300) :WNW/APPLICANT : DM M A. SohtiMacher 13800 SW 110th Avenue Tigard, OR 97223 c/it Read,4'i :APPLICABLE LAW -Community Development Code Chapters 18.50.040(6), 18.50.050(A)(3)&(4), 18.88.040(C), 18.106.030(A), 18.108.070, 18.130.040, 18.130.150(C)(10), 18.162.040, and 18.162.050(C), 18.164.060(B), and Comprehensive Plan Policy 2.1.1. STAFF RECOMMENDATION: The Planning Director's designee or the City of Tigard recommends APPROVAL of CUP 91-0010 and ML? 91-0014 SUBJECT TO CONDITIONS. THE FOLLOWING CONDITIONS SHOULD BE REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE CHRIS DAVIES, ENGINEERING DIVISION: 1. Provide the Engineering Department with a recorded mylat copy of the final survey; or, if approved by the City of Tigard but not yet recorded with Washington County, the applicant shall have 30 days, after recording with Washington County, to submit the coy to the City. 2. The applicant shall install a water quality facility meeting the requirements of Resolution and order No. 91-47 as approved and adopted by the Unified Sewerage Agency of Washington County, The city Engineer may waive this requirement to the extent allowed by the regulations of the Environmental Quality Commission and Unified Sewerage Agency as they exist at the time the Public Improvement plans are approved and installed, 3. Standard half-street improvements shall be installed along the SW 110th Avenue frontage. Said improvements along SW 110th Avenue shall be built to minor collector standards and Shall conform to the alignment of the existing adjacent improvements. In addition, right-of-way shall be STAFF REPORT CUP 91-10/MLP 91-14 SCHUMACHER OWNER/APPLICANT Page 1 7b S /*/ Lm Ak4.t. 941Avte,A lob .2 kts 41c 78. 4,44“) popleX eild 7 AleV4" taft M. em'ciwe e • dedicated to the public along the SW 110th Avenue frontage to increase the right -of -way to 30 feat from centerline. 4. Standard half - street improvements shall be installed along the SW Garden Park Place frontage. Said improvements along SW Garden Park Place shall be built to local street standards and shall conform to the alignment of the existing adjacent improvements. l;7 ,-..:.t ?4 , Q4 y . XC Pti0fl td.::: bit s V.. , trit14 . fK SI! ' M :, n4p# !! ..: '� ired_.to be .9atal4,ed7 -as aa;t m The two lots created by this Minor Land Partition shall be granted access from SW Garden Park Place only. THE _APPLICANT SHOULD, IN_ ADDITION BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE THAT SHALL 8E COMPLIED WITH AS A MINIMUM PRIOR TO PLAT APPROVAL: 1. SECTION 18.162.080 - Final Plat Application Submission Requirements A. Three copies of the partition plat prepared by a land surveyor and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 2. SECTION 18.164.030 - Streets E. Minimum Rights -of -Ways and Street Widths: 1. Unless otherwise indicated on en approved street plan, the street right -of -way and roadway widths shall not be less than the minimum widths described below. (a) Minor Collector; 60 feet R.O.W.; 40 feet of roadway width (b) Local Street; 50 feet R.O.W.; 34 feet of roadway width 3. SECTION 18.164. 150 =- Installation: Prerequisite/Permit Fee A. No land division improvements, including sanitary sewers, storm sewers, Streets, Sidewalks, curbs, lighting or tither requirements shall be undertaken except after the plans have been approved by the City, permit fee paid and permit issued. FINDINGS OF FACT 1. Background Information A street vacation request was approved by the City Council on December 10, 1991 for a portion of SW Garden Park Place abutting the site on the northern edge: There have been no other land Use applications considered on this site. STAFF REPORT CUP 91-10 IMP 91.E 44 SCHUI+ CHER OWNER /APPLICANT Page 2 2. Vicinit nf®srmation The subject site is surrounded on the north and east sides by properties zoned R -4.5 (Residential, 4.5 units per acre) . Properties located to the south of the site are zoned R -7 (Residential, 7 units per acre). Those lots located to the west of the site are zoned R- 3.5 (Residential, 3.5 units per acre). This residential area is substantially developed with both duplexes and siugle family homes. The rear portion of the site of the First Baptist Church of Tigard is located to the west of the subject property, across SW 110th Avenue. 3. Site. Information and Pro oral Description This Site is approximately 1 d't *.fit' in size (22, 224 square feet) . With the approval of the recent street vacation and the recording the new legal description, this site will be approximately 24,144 square feet in size (0.55 acres). A single family residence and attached covered parking area presently exist on the site. The property is landscaped with shrubs, trees anc1 lawn. The applicant requests the approval of a cOMU# i 'idi ` f � t i'` "T "It iiii to allow the siti . 7. d 1p�. '` tie - - >Ig� .. ataili. ie-t r' M is -..eii i► The applicant also requests atftwe:tiiiid4iifitra approval to z i id'e•O �..k+<l.s';w °site ii'o.: `fat a` t::.witgar; 4. Staff Review Public Facility Considerations: 1. STREETS - The site is located on the southeast corner of SW 110th Avenue and SW Garden Park Place. Southwest 110th Avenue is classified as a minor collector and SW Garden Park Place is classified ae a local street. The minimum minor collector design standards from street centerline to property line are: 30 feet of right -of-way, 20 feet of pavement, 5 foot sidewalk and a curb. Southwest 110th Avenue currently has half- street improvements, 20 feet of pavement, and a curb and sidewalk along the east side except for the portion of SW 110th Which abuts this development. Therefore, the applicant should be required to install half- street improvements meeting minor collector standards along the frontage of SW 110th Avenue, including the dedication of 10 feet of right- of -Way. The local street design standards from street centerline to property lira are: 25 feet of right -of. -way, 17 feet of pavement, 5 foot sidewalk and a curb. With the exception Of the sidc.rwalk, SW Carden Park Place is fully improved on both STAFF REPORT CUP 91- X10 /MLP 91 -14 SCHUI ACHER OWNER/APPLICANT Page 3 LEGIBILITY STRIP 40 sides of the street, except along the northern frontage of the subject site; along this site's frontage, the street is not improved to 25 feet from centerline. Southwest Garden Park Place is a U shaped road and was built/improved as a part of two different subdivisions; Gaarde Place and Karen Park. Sidewalk o were not installed, nor were they required, for either subdivision along those lots which are located along the internal aide of SW Garden Park Place. This subject parcel is one of these interior lots. Therefore, the applicant should be required to install standard half-street improvements along the site's frontage on SW Garden Park Place, except for the sidewalk. Driveway access to the site is provided from SW 110th Avenue. The applicant is requesting that the existing dwelling be granted access from SW Garden Park Place and that the newly created lot be given duel access; one from Garden Park Place and the retention of the exiptipgaccreopfrom410th. dymtigee l8i106e# 060 eerier C�mJniy - Development COdie::dilteeititagese pppfitoOr4,9: AY' AQUFKItgr:Clistriestele0M-eit 4449jczirmAnoczpfacttbstr:litreg,:::airaiintfiew On this basis, the request by the applicant to retain the access point on SW 110th Avenue for the newly created lot should not be granted. Access to the both lots (existing and new) should be from SW Garden Park Place. 2. SANITARY SEWER - There is an eight inch public sanitary sewer line located in SW Garden Park Place at the Site's eastern property line. The applicant proposes to extend this public line to serve the development. It is typically required for developing properties that the sanitary sewer line be extended to the furthest property line in order to serve future development. The subject site is located at the end of the sanitary sewer line. Consequently, extending the sanitary sewer to the west property line would not provide availability of oervico to othey developments. Therefore, the applicant should only be required to extend the sanitary sewer line to serve this development site. 3. STORM SEWER - Effective December 1, 1991, the City is required to comply with a new requirement of the State Environmental Quality Commission (EQC). The EQC is requiring that all new developments which add additional impervious Service area within USAse jurisdiction must include a water quality treatment facility. Previously, developments without a suitable site for water quality treatment were allowed to pay a fee in lieu of on-site water quality treatment. These fees would then be used to construct regional facilities. The City feels that these new requirements are Inappropriate. It is not feaSible for many email developmente to build such on-site facilitiee. Construction of numerous small facilities STAFF REPORT CUP 91-10/MLP 91-14 SCHUMACHER OWNER/APPLICANT Page 4 will create maintenance problems both for cities and USA. However, effective December 1st, 1991, the City must require these facilities it be in violation of State regulations. This issue of on -site water quality treatment facilities was not addressed in earlier staff reports, as the City expected the issue between USA and the RQ to be resolved. The City is still hopeful that this Josue will be resolved within the next three months. Therefore, although the applicant should be required to install a water quality facility, the City Engineer may be allowed to waive this rec uirement if the regulations are amended. Building Coneiderationr3: 1. An eaboment should be required for the portion of the water service line serving the existing house that will cross over the new lot. Age and NPO comments: The Tigard Water District has reviewed this proposal and has offered the following comments: Although the Water District has no objections, we do request that the applicant purchase a 1" meter for the proposed duplex. Neighborhood Planning Organization (NPO) #3 has reviewed this proposal and had offered the following comments: NPO 3 is not opposed to the minor partition s.: :d moving of the duplex. NPO #3 requests additional information regarding the request to delete the sidewalk requirement. Tualatin Valley Fire and Rescue District 01, Metro Area Communications, Portland General Electric, and School District #23J have reviewed this proposal and have offered no objections to it. No other comments have been received. C. FINDINGS AND CONCLUSIONS Minor. Land Partition: Section 1841...• 9 rior the Directors' des nt Code contains i nee may a rove . s Whereby the of s C�ritmunit Dsve�.o me g may pp ®, standard y' approve with conditions, or deny y a partition artition request. Thee criteria are: 1. The proposal conforms with the City's Comprehensive Plan; P 2. The P ro Deed partition tanelieb with all statutory acid ors Hance requitementt and regul f STAFF REPORT CUP 91- 10 /MLP 91. -14 SCHUMACHER OWNER /APPLICANT Page 5 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards. The proposal meets the minor land partition approval criteria. This proposal also conforms with the City's Comprehensive Plan and complies with all statutory and ordinance requirements and regulations. Adequate public facilities are available to serve the two parcels. The proposed lots conform to the dimensional requirements of this title. All proposed improvements shall meet City and applicable agency standards. As noted above under Public Facility Considerations►, the applicant Shall be required to dedicate 10 fest of right-of-way on SW 110th Avenue. This dedication will widen SW 110th Avenue to the required width of 30 feet from the centerline for a minor collector street. However, this dedication will reduce the square footage of the site by approximately 1,166 square feet. It is important to note that this loos of square footage from the site shall be offset by the recently approved street vacation on SW Garden Park Place. Through the recent street vacation process, the City kas approved the vacation of approximately 1,920 square feet of public right - of-way on SW Garden Park Place. Therefore, the final resultant size of the parent parcel (after the 10 foot dedication for SW 110th Avenue) will be approximately 22,978 square feet. Separating a 10,000 square foot parcel from this parent parcel will leave the existing residence on a lot of approximately 12,978 square feet in size. Therefore, both of these two Iota shall conform with the lot size requirements of the R -4.5 zone. Code Section 18. 88. 040 t C1 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved accede to sunlight for residential dweilinge. The front property lines of these two proposed lots are aligned with the existing east- -west orientation of SW Garden Park Place. Therefore, the front property lines of these two lots are within 30 degrees of a true east -west axis ae is required by the base requirement. Additionally, the north -south lot dimension of both of the lots will be greater than the required 90 foot minimum. Therefore, since both of these requirements have been satisfied, these two lots meet the base requirement of this section. Code Section 18.50.501AL,a (Building Setback) lists -he Setbacks for the R -4.5 zone. The following Setbacke which are listed below are required: 20 foot front yard setback 5 foot side yard setback 15 foot exterior Side yard setback on Corner lot 15 foot rear yard setback 20 feet between the property line and the front of the garage STAFF REPORT CUP 91e10 /fLP 91 -14 SCHUMACriER OWNER APPLICANT Page 6 The setbacks of the existing residence comply with, or exceed, the minimum required setbacks for the R -4.5 zone. The siting of all new structures shall also conform to the applicable setbacks. Section 18.50.501A1.141.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. This code restriction shall also apply to the future duplex. Code Section 18.164e060(B ) (Access, Egress and Circulation) states: Each lot shall abut on a street other than an alley for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050(C) applies. Section 18.162.05QLQI states: Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Each lot in this partition request shall have a street frontage well in excess of the code standard. The original lot shall retain a street frontage of approximately 95 feet. The newly created lot shall have street frontages of approximately 80 feet and 116 feet. Conditional. Use Permits Section 18.50.040(6) of the Code lists "duplex" as a Conditional Use in the R -4.5 zoning district. 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: 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 surrounding properties and uses. 2. The characteristics 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 a; modified by this chapter. The use will comply with the applicable policies of the Comprehensive Plan. TAPE REPORT CUP 91.....10 M'P 91 -14 SCHUMACHER b 'NLR %APPLICANT Page I Additionally, Section lgaLLAWINALLIAL contains the following applicable Conditional Use criteria for duplexes: a. Lot Size: Minimum lot Aize shall be 10,000 square feet; b. The remaining dimensional requirements of the underlying zoning district shall apply. The siting of a duplex on this site is consistent with the above criteria. According to the Minor Land Partition request, this site shall provide adequate area for the placement of a duplex along with the four required parking spaces which are specified in Section 18.106tagal. There are no apparent physical obstacles to this use on the site. Adequate public utilities are present to serve the proposed duplex. Setbacks, lot coverage, and building height requirements of the R-4,5 zone shall be satisfied by this proposed use. Section 18.108.070 (Accees and Circulation - Residential Use) requires that if only one driveway serves both residential trh.ei of the duplex, there Shall be an accessway with 20 feet of pavement width within a 25 foot minimum access width. The proposed major modification complies with applicable Comprehensive Plan Policies as follows: 1. Policy 2.1.1 is satisfied 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 both Conditional Use Permit CUP 91-0010 and Variance MLP 91-0014 with condi ions based upon the foregoing findings. Prepared by: _ Roh PomerOy Assistant Planner • :4 Approved by: Dick Bewersdoeff Date Senior Planner cup91-1O .ded STAPP REPORT CUP 91,-10/MLP 91.44 OCHDMACHMR OWNER Page .", A request by Dean Schumacher, purchaser of record, for a conditional use permit. and a minor land partition to divide a .51 acre parcel into two lots of 10,060 sq. ft. and 11,680 sq. ft. The conditional use permit would allow the placement of an existing duplex structure onto the western half of the parcel. Also requested is a variance to delete the requirement of a sidewalk along SW Garden Park P.Z ce. The property is zoned R -4.5 (Single Family Residential, 4.5 units /acre) and is located at 13800 SW 110th Ave. (251 3DD lot 1300) . The proposed site is 900 feet from the intersection of State Highway 99W and SW McDonald Road. Within a 300 ft. radius of the proposed site there are 13 existing duplexes'.and 10 existing single family homes. The proposed site is bounded by R -7 zoning .to the south. 7 lots zoned R -4.5 lie to the east and north of the site. 5 of these 7 lots are under the current 7,500 sq. ft. lot size required for single family detached residential structures in a zone R-4.5. To th0 west is an annex structure of a church. The proposed partition creates a 10,000 sq. ft, duplex lot and a 11,680 sq. ft. single family lot. Both are allowed by. the city comprehensive plan. Current setback and lot size requirements are all met by the proposal for both the lots. Height requirements are also met. A vacation of ,public right -of -way has been requested. If this request is denied, the duplex lot size will be less than 10,000 sq. ft. and setback requirements on the north side of the lot will not meet the code. All necessary public utilties are accessable and all improvements shall meet applicable city standards. Since this proposal involves the movement of an existing structure to a site only 550 feet from its' current location, and since the . impact on public facilities will not increase, it is requested that those fees collected to pati for increased impact on public facilities be waived. In addition, it is requested that the city allow the placement of the existing duplex structure on a foundation at the proposed site, and that the installation of and connections to public facilities shall also be permitted prior to the construc- tion of the required street improvements. 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Na 5!111 510. r0__int.1C • 7�•�z. i4,4ro `` 1402.34 13 a 1i4F 12�,N1e\'T1011 .:.. z b 1 1 I dI . 1 0 0' N 12 MI ifs 2900 r 13 1" INITIAL PE /**4 44.1 ri, ..,, � 91035'E ;34 681.63 I i:74 . til#,39C1L) Y /03, le' SW i114 AV PR0Pas ED *Du pLe., '6 IT be.611,041A6. OP ) -re) Pgocasi) Novall-t fki-oM& d6W 11011+ AWD Ct*ITIK(Ue.. aAs-r LoN G .6\64 GiNgtotA 'AO- 1LA6E.... "10 A66-re.14 -ag)s-rit46. vaBIN.c6- PiKtb 611)ENVAL46 t N. 0 P4 r-V L. -3-19-VP/Pd st GS: i s +?II-s Nf'AQQ. -Bata p+Nis c . 1,1.4 c2:s. Q .�.-� �t• Q cr`NV ras\i`a - z-b'N--r —3,014 revi w S tN -9 p tsst x OD QNV -o Z1'SiA-2 s x,21\143 DAIS t, S3 '1'1 ►..�53� s-�r` _L. 5 Nri V 0 , v-1d lava Aso vo hts 1 NeW ogarl-&-iabin41, saeve--a s-rges.-r 1Ncrp.:14 a-W iI bray., :V.A -- &AS `S-atVics- Sv4 GA RP W AR‘r-, ?LAC INJav,f 'DgigaNklIA401 ;II iva-tom -ro *silt ocruize..... xEE Pr €b/ \A/ 5 ,► 1` ' -52v!tvk Mme. , SVC) :Vitt I 79JVj 9Niv • 5-5 Pi q ' 7gAQ 4,F17s 000 i<7 W s A- `.StadiNr) Qti_.os _ oFF-1. (y*VS I tnf't l) Aolw7 ��. G....) G crI r S it r R, Wig 3O Qom; ! 3 (:L1IPQfr4 sue, s QL) s-' < S-V-1-900Q 3 ft , 15p ---/ tfi 5Nr 6 Ti { Z. tp in --3'c [ in li -s s. -� -FL vv ;`sue � _ Z ..,.:., 3,- - 13704 0 33fix -ri 71 - lit 14' CITY OF TIGARD, OREGON RESOLUTION NO. 78 -c/ A =SOLUTION DECLARING A PORTION OF SW 110th STREET' IN THE CITY OF TIGARD AS A PUBLIC STREET AND ROADWAY AND ACCEPTING THE SAME AS A PUBLIC STREET AND ROADWAY. WHEREAS, that porti''n of SW 110th Street lying generally north of SW Gaarde Street and extending 352 feet more or less to the north has been used as a public street and roadway for a period of time in excess of 10 years, and WHEREAS the west: rly 16.6 feet of the street has not been carried and shown as a tax account on the records of the Department of ReVenue and Tn ation of Washington County, Oregon, and no ad valorem property taxes have been levied against that portion, and WHEREAS the City of Tigard has accepted the said 110th Street as a public street; NOW, therefore, 1,e it resolved: That certain portion of SW 110th Street described in Exhibit "A" hereby accepted as a public street and roadway to be known and designated SW 110th Street. _ Vovember ( Introduced and adopted this ' -day of itaxsaaiwmt 1970. X, DORIS HARTIC, hereby certify that X am rt the duty appointed, qt2alified, and acting Recorder' for the City of Tiga.rde Oregon. X ftarther certify that X have compared the hereWith copy With the criejittal my possessiun as custodian of the Official record of the City of Tigarde .rid that the herewith cup”' is true.'and, complete copy thereof. •1*.‘44€P4Vt 'Xigal'd this L.0.07h day of A tract of land in the Southeast one- quarter of Section 3, Tnwnnhip 2 South, Range 1 Went of the Willamette Meridian, in Washington County, Oregon, described ae folloWa9 Commencing at the eoutheaet corner of said Section 3; thence North 99° 56' 00" West along paid south line, a distance of 1193120 feet total to a point; thence So line of County test, Not t to a point on the north right of South 6' 29' 50" Rast, a distance of 4,27 ice y 58 (Oaarrl. Street); thence North 56° 464 19" West ' � a along the north line of Gaarde Street a distance of 44131 feet to an angle point; thence North 89° 564 00" Went along the said north line, a distance of 171151 feet to the east line of S /W. 110th Avenue and the true point of beginning: thence North 0' 18' 00" East along atli enat line a distance of 636,06 feet, Clore or less, to the most southerly southeast corner of FAIRl1AVEN COURT, a duly recorded oubdivision thence Weat along the south line of said plot, 16.6 feet, more or leas, to the northeast confer of that tract of land dedicated for public use in deed recorded June 15, 1962 in Book 465, Page 63, Washington County Records; thence South along said cant line end the aoutherly ekteuaion thereof, 636106 feet, more or leas, to the north line of aforementioned Gaarde Street; thence Eliot along Said north lint 16.6 feet, more or lean, to the point of beginning, 5�T�OF�O EooN 0 fEiDfl 1 Attipit 111.4;0044., blrioi er r4.lionli in Eletinini enr Ed4)0444 A.oerdsi of Can- a.yano:4 fa said to.in* i, do h.rail csertllY thai ih4 within initrtamSni el 441004 ass i.csknl and ieCadtl k 6*4 d wantdi 44 Hid County th044 ray hind Owl ►swi a4Ni.ae w' abeen tMOMtatN,Piaikvei e4 niCOtdi' 6 [fxiane' i, p, Add Oa 4 YI '1w.i•• i.1:.✓ ✓.iw,�M .lr r�l i,M.VMIY J.• Y"M 79044168 STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Rotal.D A" L11ibA C !IST1i 9430 S.W. Fourth, Wilsonville, Oregon 91670 � hereinafter culled grantor(d) for the some of $......--•.-- constituting the actual consideration for this deed. do Wehy give, grant and dedicate )4+ to the City of Tigard, a municipality of the State of Oregon, Ito nucceesaru and aodigna, (strike innapplicable part) a perpetual right -of -way and easement for street, road and utility (proposes on, over, across, under, along and within the following described real premiums in Wauhington County, Oregon: Three feat from the northvaot property lips moving spat 92.6 feet, and dedicate bS.0 teat irom the northeast property line warding west 98.0 feet. This property located et 13800 8W 110th Avenue (Wash. Oe. Tax Hap 361 30D, Tax Lot 1300) td TO have and to Hold the above described and dedicated rights unto thd00119001100 to the City of ' iga.rd (strike inapplicable part) for the tined and purpoueo hereinabove stated. The grantor(d) hereby convenanto that'( (they) are the owner(d) .� in fee dimple and have a good and legal right to grant My ( their) ,,is(• rights above duucribed, �r, IN WIT4E$8 W'rlfRYli`Oyi the gtantofr(e) have (liavo) harou o ee "� %�1 _ day o f ;. , ..;�`. _ _; � � � �� ;74: hill (their) lioind(a) ails edai(d) thin � � 19 .3.�I, f -- t , r • , a icy i ,� r{t: o :,lr'IYr r � r. / e (SEAL) (SEAL) (9EAt. ) (hii Ab p4,'., .FROJECT NAItEs- Ronald Wirth rite REFERENCE 1 s HLP 14-79 b c0 3 -U0 '...,.Id S S s „upib, :.Li is tdat a TAX HANN 1 191 300 , LO't 300 STREET DEDICATION 80027731 KNOW ALL HEN DY THESE PRESENTS, THAT nntiELP it- stn LISSA G_ ,___,,,,9430 SW E'our ia. 1em►yille, fJreoen gxn7d hereinafter called grantor(e), for the sum of $, 1.00 consituting the actual consideration for this deed, do hereby gave, grant and dedicate io the Public 14W$ )uycHituuRa .Ait6 its su. cei sore and eAti e, > tlpftltAlbt) CItil�Itit, �ltff�CA, �{�ikU�,XHBtYtldlltatEl�N.14tl�t W�ii Sin (strike inapplicable part) a perpetual right -of -way and easement for street, road and utility purposes on, over, across, under, along and within the following ''.scribed real promise' in Wasni.tgton County,. Uregoni NOTE EXIIIOIT A ATTACHED IltREIN a To have and to hold the above described and dedicated rights) Onto the Public 1)00146,4X34iglaktE4x pd i / wai>a( for the Uuee and purposes hareinabotle stated. The grantor(() hereby convenantr thet he (they) are the obn ist(s) In itee alaple end have a good and legssl right to giant his (their) rights above described. III WtraS13, Witnttlor, the grantors) have hurounto eat his (their) hi d(s1 and ' PNI __ ---., 19 41t6 . (DIAL) ,. _„_.(!sat) JLL6X)_ _WEAL) ..... .,,, _. ,(scAL) (SEAL) (skAL) IITATC or OittG00 county of C �g��t f On this , 3c/ day of PCs/ s 19 y4, pureonally appeared the above hexed I,i q Id L . 1.14 r y Da and acknowledged the foregoing ihetriiment to be their volusitary nit ,.wis) 4464. Before Me NJ u3;rrwwoj A j 1J093110 511I1hJ AU'/iCii Oti AiVail t. Neter Publ c for Oregon Hy Coei Lsaiors aspires i to. . rr 1 • , r ri li • �, 1 r 1+ y 4. 41, , {rrl+17 /i . llrr i7r,+Nil !`.R,1 . /• I Approved as to forts this 1by +Clt r otnay "City o,: igard --•- -' Approved as to iega1 dusaription this r day of r' + 19 ri of/ p+ I 4 Byi Approved this V)1-11 day of ; ilLI, Cx'i' A TIGAObi Ohi GOI) PLANNItNG CCMMI ISIOt rant 1 Acrepted by the City l:wuiicil this day 1911,!.. 41112,_ city Rocordue Page 2 h71i ietl,i y'{i, � it 4rt• ri r „ ;t M u 4, .4 4. 6. ba."...4 • .. ■ ‘,;“164,..i..rt 14i 4. 4,'/ 4 171j A Cg:. :r,- lilt:: ti„ •1fil43 ; EXHIBIT A , 0' • 1 PARCEL 1 A—FREE—Of land in the Southeast quarter of Section 3, Township 2 South, RANO 1 Watt, Willsiatto Hatidiani Washington countyi Oregon, daactibad 411 follosst if Beginning at an iron rod on the Easterly tins of a 16.66 foot width entrente toedwey (peed Book 236, page 565) and which iron rod is Routh 89' 35 Vest, 1402,34 feat and Worth 0' 11' Weet, 407 feet from the Southeast corer of esti Section 3, and 1.,!01.,1"!...'1 going thence North 89" 56' teat, 190.6 feet to an iron codithence North 0° 11' 3!' Neat, 138,6 fast to an tree rod at the Northeast corner of a tract of lend told to ,!1' 04 -It Theridate Voneda, et 02, by contract recorded tet,'Ree, Pea $64 78046833 F. Roe gosh. ..., Cde and the ttoa point of beginning of the tract of land herein to be dodalhad$ :171 thence South o' 11' Narita distance Of 25 !tett thence 864th 89' 56' Wet 0104114/ With and 25 feet diitent frOdi the Notth line of said liOnada property a dietencs P; of 90 fetal thence Worth 0' 11' West 25 fait; thence North 89' 56' East a distends of 98 feet to the point of beginning, • 71'I i .0 , PARCEL It ):1!. Beginning at the Northwett c6rner of a tract of land sold to Theodore Voneda, et .6t 4; um, by contract recorded to Rae, Pee No, 70046833 F,R, Web, Coil thence South .,4",,. i':. tgpir?? . .., to 0' 11' Coat 3 fiat: thence Worth 09' 56' test parallel with and 3 Last distant .q. ' 1.q4it huk. 6110 the North lint of said Vonedi tract a distance of 92,6 feet to a Fetal thence Worth 0' 11' Wet i distance of 3 Glatt thence !Routh 89" 56' Vest 92,6 :': '4: feet to the point of boginalbgi ,i,■td'i, .4 . i ; , .. ..,, ; 4 1 14'0 Ht1:4' , ii '' :?e•• 4. P ! 0 ,:,:t..4.11 $ „ '.o.6 .,..- ,, . t It i li 114'4 :1,35tar Mutt rtestA20. 49.44-4,..iatho 1, 1100‘1 tweed 04 ilectsti. Eiecit040 end 410.011kkit 110.0:0400 61 Ce.t. "Onto 1.10 OA MAO. a.$a.sy toistv tfiti the w.th0i ittititkiteiti 34 0004 4446 lio•itied tocatdot4 tit 14044 istimsti 0,1 0045 totthiV • �MM NII��N! PHOJECT ME* 'rfibZ l)//tA: FILE d, ADDPESS e 54.i aiiii1 77 7(7 57170 !/D TAX HAP t CONSENT COVENANT (NoNltENONSTa?NCE AZASER t1T) Street IMprovemonte TM UY a e) O 81040727 Thhe undersigned owners (including purctnasers) of the real property d)UCril:ed below do hereby record their consent to the formation of a local Improvement district by the City of Tigard tor the purposes of improving they public street or streets upon Which the duucribsd property abuts. The undersigned expressly wales all present and future rights to oppous or remonstrate against the forMatton Of a local ieeproVemsnt district for the iayprovewent of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the iaprobeeent district proceeding and any right they may have under they 101 of the State of Oregon to contest the proposed assessment formula. This consent and Waiver shall run with the title to the described land and be bAndIng upon the undersigned and e11 successor ownerea, for a period of fifteen (15) yonra from the date of the last signature below. The teal property that le tho subject of thld conaont covenant its de edribed ad fullowa$ 5E2 ATTACHED EXHIBIT "A" r44 ' °T 13 e, 2 S /3i)' IN WITNESS WHEREOF, the grantor(s) have hereunto sat his (their) hand(i) and 860 ,0) ti'' this /, '&y of 0 er . 19 j L . (OEAL) (SEAL) (SEAL) (SEAL) STATE O9' OPECA(1 ) cd . county o! N AW (WO (SAy,; (SEAL) and acknotleldi d the foregoing ihoteieeient 'A (Jr/y! ) ' t , Notary ubl o tor Oregon fly Coeeali st ion a xp 1 ie t Nature tot to l,n their volutntenry act and dsade 011 �. 1 Apprtttail ley City Council on October 76; ivAle tote °ME A R Si od neienie et Ow. that C ty 'scot sr mbEitarg e•41ee40 , ft ♦ra.r: N iI *1. .• TAX WTI //__. PrOJECT tlietet iheai WT /WORESSI to, &ow) COUSEUT coVEUMIT (tIOURZHONSTRAticE aGnECHES11 Street Improvements 8 1 0 14 0 7 2 0 The undersigned oialers (inclUding purchaserss) of the real property described below do hereby record their consent to the formation of a local improvement district by the city of tigard for the purposes of improving the public street or stroots upon which the described property abuts. The undersigned expressly maitre all present and future rights to oppose or reeonstrate against the formation of a local improvement district for the improvement of the abutting treat or streets, reserving ally the right to contest the inclusion of particular omit items itt the improvement district proceeding end any right they P.114 have under the laws of the State of Oregon to contest the proposed asserssent Coronae. This consent and waiver shall run With the title to tiro &scribed land and ba binding upon the undersigned and all aLiecessor owners, for a period of fifteen (15) years frost the date of the last signature beloW. The zisi property that is the subject of this coneent coVenant is &aacribed so foiloWi Su ATTACKED gXIII13tt 001 iU Oltulna WIIMor, the grantor(s) have hereunto set his (their) hand(s) this 9 eVt day of Oa "7"/0 1912. (utu.) STATT4 Of oREGoN County of 14 co this day of ...61clataitic_____J 19b psesonatiy sopsated the above sued tnd jad)crtOdie.dgad the foregoing inetrUsent to be their VtilWitUtY eat and &ed. .... t. y , 17'110‘ J' Approved by City Council on Weber 26 19614 042444 IITATI Or °neat* I C.1444iV ii# V4144144061i 1 " :4,041404 it4 . L Near i O ' , ei neasiei 41 ene OM* **Con, verineet ,A, *the* Se el wed end eetintY. teist \ i '1,14i OM ta k...,t4( 41, 4 I l''' IN V i 11•4 4 ill' 1 0"1" 11,4%Xal 191 DEC '44 144,, 4.• •444• ADDITIONAL RELATED MAPS • • „ 15.00' 989.42'00'E INITIAL POINT 227.421 S estip'ao"E 58, 42 57730 / @ I 0 FAIR AVEN coURr " BASIS 01 BEARINGS IS' UTILITY EASEMENT .0 0 0 Lu 0 co' 2 rV 4. ‘10 3 0 --1 34,33' 22,73 • 0 0 55,00 TT 14) 0 0 4 ?C 111011MMIMMI I '0 0 0 z 15 , UTI L ESMT, r— 7,5' t's, 1:74 S 89'42'0011 S. W. GARDEN PARK® P 213`/0' 32.74 75. 23' ' 1-4CE _t/89°42100 W 361,.28 39. 28• .03 Non - Access 4.."." 4) Easement --- c‘i 1 92 ,05 5139°59'36 lo W 97, 85 Ne9°25 17"W 141 a — ,........___ .4. '' ,, 83 d. 65,00 0 fr, SO0'49122 W in c■r • rii) oi PUBLIC ROAD 0 . ..... co 0 4 Z I III t•A I N . — 0 6 n. .... 0 i 0 ...., z ki) • : 75.23' e N89°42 00 W 80/27731 fr . co Alum, Cap Fnd aii I I Waker Assoc, ---.„, „.,. ,,,,lb.....1. 65,00 8 1 C) 1 130. • 1489.40' 541tit 0.1 - I GAAFIDE PART 65,00' iikdo emir Scale l" 50' Attest: This day of 2986 DIPECTOR OP ASSESSIVENT AND TAXATION EA CtUNT7 CLERIC to, NOTE BOUNDARY RCsoLUTioN C.S. 18i487 ond 18 j 615 , ErAsis OP bpARINOS C.s, 18a 615, •.4, 1 M 44 GV 1 D ' WATER DISTRICT 8841 SW COMMERCIAL•'' • STREET w • + TI 2D, OREGON 9 2' - 4 TELE E. (503) 633;1554.',',' r DETAIL ,;pF INTER CTlON r,Y � y� . + 110 T 11 AVE �. ,r .4 AND' 4 +' • rl • +GA tD 1 PA +" • 4� .rte ° \• { IAI )1'I rl �•Y v ti 1 A ��. , r + r to 1,12716- End z s4red cons4.-ivia '-. curb_ .exisf C 509 in 5 /crrrl 3ek'er con ,(50v h,) .se,}-'r . e - eq rf ar „e -er C0173 1 aa # et -''r. E S o te r d }rdrai: I and re locale bhif7 d ccs Eci9se o ej / = AC rnakh new AC exisf /ng . 0675.1 , ,'oex JYaer - /n/aft ad gar fa/ xist ' wer Inca Seer. tai. - " 't 21,9 IS J :and 2 from Eexisi 8" n 4 LATy j'Au 151 elf r y ease t 17 :- i eot D SW GARDEN' PARK 0 00 3 Garden r1t P1aoe -4G es5 ter Lai I 1 only be p� rfded Y _ S 6rden P -/( F ril drams icor Leis 2 -4 y ,7.0 eG7L 30 £x/SJ sttarrn f {s prat ecJ) #f - nc Sc3 . Seer con s exier 1 0 y Y CALL I% ORE YOU DIG PIPE E LOCATING (5 1246.6699 A5 LINDA LtJIOENOVICN DISPATCH CENTER ENGINEERING DEPARTMENT NORTHWEST (503) 220.2415 3 S W i 42 ,w NATURAL GAS COMPANY 220 N.W. Second Avenue / Portland, Oregon 97200 FAIRHAV 013743 1®"!'3' r e. . , 'poses only fo r t.kii.rent and exar cation of out facilities... �yy a� uu,. .� bra, ya•r .,. tv 1 7 / E Gi/ }'rAland :246.6 60() :25.16 50W stem :585.6676 1.► ;i ,cif. :494 2111 rL� �ail�' `152.8631 '�'li ' I) iI'iI�� ?.98.51S2 2 W .�� gene :342•606 Clark Co. :691,4848 .dt v a rts-- 6. 1146-'1 O .,c- ,4369 P1. 5, VV. '211V • b V GARDEN 0 ail AbrIU tea , r i 711,'x! • l);` 4..1 1, ess 4-- 45,19 • RECEIVED PLANNING ihiSgfiliMMIPPZIPernel DEC 111991 Given that the adjoining properties to the site in question do not currently have sidewalks on the south side of SW Garden Park Place. Additionally, sidewalks do exist on the north side of SW Garden Park Place, across from the site in quest'on. It is requested that the sidewalk requirement along SW Garden Park Place be deferred until such time as they are required for the adjoining properties which are currently without sidewalks. The construction of a sidewalk that comes to an end in the middle of a block could create unsafe pedestrian crossings at that point. Also, the construction of this sidewalk would require the removal of 4 large trees that could otherwise be saved. The trees that would have to be removed are a ponderosa pine, a tulip tree, a Japanese black pane, and a douglas fir. These trees are an important natural feature. They are also an important erosion control feature as they are growing on the edge of a steep bank. Also, a nonremonstrance agreement concerning street improvements to the abutting streets of the property in question is currently binding. Attached is a copy of the recorded agreement #81040721. The applicant will accept a nonremonstrance agreement in lieu of a variance to delete the sidewalk requirement for improvements on SW Garden Park Place. The arguements stated in support of a variance also apply to the nonremonstrance agreement. Particularly with regard to public safety and the fact that the adjoing properties have been developed without sidewalks and are not likely to be required in the near future. 'rho Imdersigned owners (including purchasing) of the real property described below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of improving the public street or stylists upon which the deooribed property abuts. The undersigned expressly waive all prostint and future rights to oppose or remonstrate /walnut the formation of a local improvement district for the improvement of the abutting street or streets., reserving only the right to contest the inclusion of particular cost italic in the improvement dietrict proceeding and any tight they may have under the laws of ths State of Oregon to contest the proposed assesissant formula. This consent and waiver shall than with the ti'de to the described land and be binding upon the undersigned and all successor owners, f:or a period of fifteen (15) years from the date of the last signature below. The reel property that is the subject of this consent covenant is described an foUuws gt r.4H1 XUZIZT "A" 1,4 40 r /3 i z S 13 hb IN MOSS IMIREGT0 the grantor(') have hereunto eat his (their) bend(e) and seal(s) this day of (�M) 03140 and oio,Juundoeisrsit the foregoing iiistressent to be their voluntary act and deed. JL rn • oe„ . u D tow • (4 •`,4. 10, UtO Ott .04,41 ittips64.4 by City Coattail, on dotolict it. OfAill OP tiatettii AgE1440 C ti ibi* si tiiieiroto • Mints see e ••++totv EASEMENTS AND STREET DEDICATIONS V A4 )11t f t CITY OF TIGARD, OREGON RESOLUTION NO. 78 -7 SID 78052892 A =SOLUTION 110th STREET IN THE CITY OF TIGARD AS, AS PUBLIC NSTREET AND ROADWAY OAND FACCEPTING THE SAME AS A PUBLIC STREET AND ROADWAY. WHEREAS, that port?rin of SW 110th Street lying generally north Peof SW Gaarde Street and extending 352 feet more or less to the north has been used as a public street and roadway for a period of time in excess of 10 years, and y p carried and shown as a tax account on the4records of the Department Revenue and J- WHEREAS the west' r1 l6 G feet of the street has not 1 T ation of Washington County, Oregon, and no ad vo or m property taxes have been levied against that portion, and WHEREAS the City of Tigard has accepted the said 110th Street as a public street; NOW, therefore, �o it resolved: That certain portion of SW 110th Street described in Exhibit "A" is hereby accepted as a public street and roadway to be known and designated d as SW 110th Streets _ NoVember inttoduce'l and adopted this /`•day of Rstudtliml 1978. /* �of TIG MAYOR, Attest: /7/2 tt RECORDER, CITY TIGARD bLUTION fib: 1-3 4 ,• •"'"" •■■". • " , • . • • ;„, , , .",*4 . • " •fttrwhstri..*Itorkerty 0"..f"Int' t ,M)i• s”)■,,,,,, •,0 • • - ••• I,. , „. X. DORIS HARTIS, hereby certify that X am the duly appointed, qualified, and acting Recorder for the City of Tigard, Oregon. • C " X zurther certify that 1 have compared the herewith copy with '• ":, ,,, •,..:t4't.,, the original in my possession as custodian of the official "cords of the city of Tigard, and that the herewith copy is "4 4,, .td i,",,, • ,. T.' ? a true•and complete copy thereof. • , • ...'":4:" .:.,;',, *..,, , .i.:„ 4„. iESS waertEor I have hereunto set elekland and ■ • .4'.,:•,' , arTigazd this ,2,0Th day of -.0.-4.17; till'iv..-rit LEOL______41, ...._. seal, of 192Z, the • , . 4.•••• • 11 DESCRIPTIONt A tract of land in the Southeast one - quarter of Section 3, Township 2 South, Range 1 Weat of the Willamette Meridian, in Wnahington Oulnty, Oregon, described an follows: Commencing at the southeast corner of said Section 3; thence North 89' 56' 00" West along acid south line, a distance of 1193 p 20 feet total to a olnt; thence Sut."•h 6 °,294 50" East, a dictance of 4,27 feet to a point on the north right of Vey line of County Road No, ?58 (CaaP+e Street); thence North 56° 46' 19" West along the north line of Caarde Street a distance of 44,31 feet to an angle pcint; thence North 891 56' 00" that along the said north line, a distance of 171,51 feet to the east line of S,t, 110th Avenue and the true point of beginning; thence North 0' 184 00" East along NIL; emit line a distance of 636,06 feet, more or lead, to the most southerly southeast corner of FAIRNAVEN COURT, a dal•.' recorded eubdiviaion; thence Went along the aouth line of amid plat, 16.6 feet`, more or lens, to the northeast corner of that tract of land dedicated for public use in deed recorded ions 15, 1962 in gook 465, Page 63, Washington County Records; thence South along said east line and the southerly extension thereof, 636,06 feet, more or lens, to the north line of aforementioned Caarde Street; thence East along said north line 16.6 feet, more or lesfl, to the point of beginning. Napes' Thomism bhN of o4 noawdi end Ehetione imd EN•OHlole nioerdet Of Co,'. ereiino°o la ominty, do hemb1► puffy that the wtt in Inatromont of arhlnp we, neeteed teat/ did d en ti0o 4 N i*meu , Na, ol Witt Count MirweS my flood eut4 wtai fitted, a nokEN THOMeeefi,lvt4 ntei tleeoedi 6 %Wet,ani. INDEXED ecc 4 OWEN STREET DEDICATION KNOW ALL MEN DY THESE PRESENTS, that ___L_ROWLDKDLIHDAGWIRTit 9430 0,U, hereinafter called grantor(s), for the nume of constituting the actual consideration for thin deed, do hereby give, grant and dedicate Wr0904*(0,9(to the City of Tigard, a municipality of the State of Oregon, ite succcenors And samigyis, (strike inapplicable part) a perpetual right-of-way and easement for utreet, road and uti:ity proposes on, oVer, across, Under, along and within the following described real premises in Wanhington County, Oregon: Three feet from the northoest property line moving most 92,6 feet, and dedicate 25,0 feet from the northeast property line moving west 90,0 feet, This property located at 31306 Tax Lot 1300) 110th Avonus Ten Hap 101 To have and to Hold the above described and dedicated righti unto th0004090490 to the City of Tigard (strike inappiicsbla part) for the Ueda and pUrposeit hereinabove stated. The grantor(e) hereby cenVenante that # (they) are the owner(s) in fee simple and have a good and legal right to grant pot (thoit) rights above described, IN WITNESS WASEOF, the grautor(o) have (have) heroutko set t1I'44:: bin (their) hand(8) and eeal(s) this e9tfil day of A., rilai.04.rw,'-', 104q. ,o , .(8EAL) ., (SEAL) lj lithltX _MAO — (HEAL) _MAL) (SEAL) (SEAL) ......____(bielt0 PROJU1 Na1aC= Nomad Wirth PILE PEFLtEHCE •tHLP 14.79 t:11 1 -U11 ',..., sr...l,ns.►� au. ciord,u,,,,ay,',ca TAX RAP _ 1 Sad , car 300 STREET DEDICATION 80027731 KNOW ALL MEN DV THESE PRESENTS, THAT _j aijin g _ Kan monk (1 ,.ielSlt'171........_ hereinafter called grantor(s), for the sum of S 1.00 coneituting the actual conaidaretion for this deed, do hereby give, grant and dedicate to the Public f# 3( {k t 4XXXMg O ,ttX#11mlST 1 i $201,:;atfta0►i,.sa.Mtlikl : pa$ its a :cawdore and assigns, (strike inapplicable part) a perpetual right -of -way and easement for ndruut, road and utility purposes on over, across, undar, along and within the following "jocribed real promisee an Wasni3gton County, ()regent r.'�{� { fwuJ�, a'r 1i� t.. To have and to Hold thri above �ocribad and dedicatad rights unto the Public Kites , .�� . ,,. iba xti ncitltA�lK9tt cloitobuL db op�'Afiot i$> for the Wigs and purpoaen hareinabove , . '�+' }F rF #w4�,�'Y stated: c, +,u ,s (. The grantor(s) hereby ccnl►anantt that he (they) ere the owner(.) In fee slq le and w'`i 1% have a good and legal right to giant his (their) rights *boil. detorlbed, ' ',�,��,'� � �(� 1 tU Wingsd W1i¢itl:OP, the grantors) have hereunto eat his (their) hand(.) and , , y; 1+ t npo1(iv are .,J ay ,,,____211,4, , 151 ><! aG�'� Ji,i�9 , ie :tA6rx, Av- (.., • (glum) ,...._..................._______Jszko ♦f'. (SCALb (8XAL) �..,.,(`.. A%7 1, STATE or OREGON ) , +'` ipi� r 1 fee. ).k.11 1 County Of (41(414 . w _ .., �. ' x '�17 On tI, , ?r/ day of 19 ti puretuall y aip raared ths ii►uve narwd to U q I: Lb. r �!' I . i iu•f q ,. , and acknowledged the foregothy inetrur nt to be their voluntary not and deed: Mb Fore t i <11.- �^ ='r dlyj umu:rwc Ay it liOJ71,O 6113tt3 Ai111Q:1 hater Pub c for Dreg •�� iu npproVod thl i of CXTX Or TIC11) MOO pij1UHSNC CCHMItiC O1 , ot■ 4II1i 1 EXHIBIT A PARCEL I TTIFiFt—of lend in the Southeast quarter of Section 3. Township 2 South, Range 1 Nast, Willamtte Heridian, Washington County, Oregon, described OS followat Seginning at an iron rod on the Easterly line of a 16.66 foot width entrants roadway (Deed look 236, pegs 365) and which iron rod is South 890 35 West, 1402634 feat and North 00 II' Hoot, 407 feet from the Southeast cosset of ecU Section 3, end going thence North 89' 56' teat, 190.6 feet to an iron rod;thenca Worth 0' 11' West, 13066 feet to an iron rod at the Northeast corner of e tract of land sold to Theodora Vonada, et to, by contract recorded millet. Pee No. 78046033 F. 0.1 Wash. Go. and the true point of beginning of the tract of land herein to he deocribed$ thence South o' 11' Emits distance of 25 feet; thence South 89' 56' Week parallel with and 25 feat distant from the North line of said Vonada property a dietetics of 98 fest; thence North 0' 11' West 25 feet; thence North 89' 56' East a distance of 98 feet to the point of beginning. PARCEL 11 Beginning at the Northwest corner of a tract of land sold to Theodore Vonada, et us, by contract recordod cc Sec. roe No. /8046833 P.a. Wash. Cu.; thence South 0' 11' East 3 feet; thence North 890 56' teat parallel with add 3 feet distant form the North line of said Vonada tract a distance of 92.6 foot to a point; thence North 0' 11' West a distance of 3 feet; thence South 69' 56' West 02.6 test to the point of beginning. ITA*1 or oninON teepoy Ohafthe$41 Bootd Ihotheten, DOete4 .4 A4C‘iall othd Elediorti sid Es•Ofhette B4444 4 Ceti, iroyintei ler geld 00■11411, de he4iov eePwi ha the oAttitti ihit$044,te Of 04051 04:4 eiettsiniod and .scooted hi heels c totiortia ‘144 eounie ABEIA IttOMBE61. thfeciet • flocovois Eteetione ` '. + , i i .„..4 /0414 .14 A4Y44; 'S 13 •211 " `..1re410+w14‘401u NVt'° . . OM .a� ►� 'rfl6l /MAR FILL de a� �.�� i'hOJSC'f faA.�s � TAX zu►r� 2 s� D? TAX ',.j+'' ADONESS$ 11 44' 1AV /'4'Iic* disc t` LL�► .-- C *SENT COVENANT (NOUREHONSTRANC1t AZAECNEUT) i1�,Y1b!. street Improvemasttsr 8104®727 The undersigned owners (including purchasers) of the real property daucrit,ed below do hereby reoord their consent to the formation of a local improvement district by the city of Tigard for tho purposes of improving the public street or etroats upon which the duct rtbed property abuts. The undersigned expressly waive ell present and future rights to oppose or remonstrate against than formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion under articular cost the in the inproveaeent district proceeding and any right they may u State of Oregon to context the proposed assessment formula. This consent and Waiver shall run with the title to the descrtbad lend and be binding spur the undersigned and e11 auccessor owners, for a period of fifteen (15) years eruct true date of the last signature below. Tha real property that is the subject, of thin consent covenant is described uu tutlotdo ... rm.. for )3ov 2 5i hi) tit. • . 4% 4; M WITNESS WEAEOto the grantor(a) have hnrbunto at hid (their) hand(s) a)1d seel(e) o-hte a , day of o rT"_ 1 ..rr a y (Geis,) AE2 ATTACHED CklIIDIT "A" (sent) ) 6n1 acknouledga d tha fot�ojoLnq lnitelment to b their voluntary a r ae fore ere 1 it c) �\ Mot*ry 'ubl v for Oteyon .I•,'•..,,, r.,';'' Hy coa 'i m1'iolon 4kyiii • 6,.,"/_ ;i ii,r Apptov ut by city Cothicll oh October 260 19Bt. otioi 0 oniaoi ( coi* of j ' 0+a i Ilido f I Kam . id II Gm . f981 UEC PIS kt a5 4 P10.1ECC NANEs /1-1h '7/ atm- FILE I --- ADDRESS! .,$tv TAX NAN TAX LOTs /_10/ 81 0 it 0 7 2 0 CONSENT COVENANT (NONSENONSTRANCE AGREENENT) Street Improvements The undersigned owners (including purchasets) of the real ProPortF dal4olribad below do hereby record their consent to the formation of a local improvement district by the City of Tigard for the purposes of impro.ing the public street or streets upon which the described property abuts. The undersigned eaptressly waive ill present and future right* to oppose or remonstrate against the formation of a local improvement district for the leproVement of tho abutting street or streets, reserving only the right to contest the inclusion of particaer coat items in the its,prowment district proceeding and any right they may have under the 'alto of the State of Oregon to contest the proposed asesessmnt formula. This consent and Waiter shall run with the title to the dosCribed land and he binding upon the undersigned and all successor otenerro for a period of fifteen (15) years from the data of the last signature below. The real property that is the subject of this consent covenant Le described se followst SEX ATTNZLED EXHIBIT "A" 1- or (30 SIF,b1) WIIP:REOF, the grantor(s) have hereunto sat his (their) hand(*) and nal(s) this 9444 day of , 19..±7Z, (VW (SEAL) on this dal Of ... 143.L.0 persboally epkeeted the *boys aismid .o.° ' .. Enid Enoirolease.10eid tiro rote ciaiii0 .14)rakkonit to be their Voluittatli ,t,,,,, 1 i' .. • ii))11.'• tl ko .v , . ...t: ,„„. wit tic:. Di teeny P 0 felt °recoils . ,.. . i,• Anetwisd by City Council on October 26; 1901; itAtti tiii OirildON i e0/444 , ji,A,4A644,,,i, tee* et tteeeteoei I tit i, rot e — ' r 0, �� tritelial 64111 ' Of#40 - et Con, syenell Ittht that anDEXED at' • • • j* a; • • • 57.00 .,/ 55.00 4Z • 0 F•41....... Nee......10 IMM.TION. 'NO. •■■■••••■• .00.1.1.1.. % U). .2 0 % • elMIOMM.00. .17 / ,....r. ..—„, 0 Co 4) WI I iti 3 (3 I : 13,2 o, Li ql \ ' (1/ I 0 . O qt) 43 LI c - o :0 ' A , ' °‘ '' 0 e' 4) . 4,103 ,_ 0 0 0 . pin . c) .... c El .N; c° 2 ...I cc' 2 I, j ow ... 0 N, -,-; 0 (1? ) lc° '' .4.' 0 0 r9 ° 0 ,....? ;; 0 °;" 4 ..... 8 • • Ni ... LI 0 0 !.. 1-1 z z 1 2 15 urn.., Cl) ,z ,,,..31.691 —1 1-r— E7s4M51-i e • o 10 .........ri ° ,............28 75.23' c 16.(..).00 1' Non - Access • ..4 1...... *0 . 1....... ••■••■• i w • Easemerti -1-- 9715 i ••'" N89.25117'4 , 16.21' ® N09°4200 __W i 1« \ 0 2171 \00 45,03 ti 65.00 • ..._ S89°59.36"W i , , S00°49'22 "W .. '0 in sit) N if, oi / c‘, ,Aium, Ceti) Fndi.a __ - - « / . / Woker Assoc. _, 0,65,00 1 1 lorm........................ri es, 0O' 21111•Iiiiiiiniiim0021416. NA& 11.61.11100.i I - 130, N39040. p41tv ' , OD I (E I " OAAPtit 1PAR1 ...........ii Afe,. Attest: AiS of DIRECTOR OP A,5,51g.5,91■IEWP Al D TAXATION n-OFFIC/0 COUNTY CLERX NOTE BOUNDARY 11E8OLUTION C.S. 181481 and 180616 , BASIS Or figIAPINOS cos, MI 615. • e641 SW.. atiMERC AL" • STREET TIED, OREGC N 72231 ti� ' + r TELEPHONE: , • (503 '.' DEMIL . PF INTE TI01 `�► + ++ w i • 110 T'H .AVE . ♦ 1 A N D s r r ,StIft GARDEN "PyA.ii - PL , . kos TH9 i tat& VI N0 (— 0 (503) 220.2415 LINDA LUKENOVICH DISPATCH CENTER ENGINEERING DEPARTMENT NORTHWEST 6-11116 NATURAL GAS COMPANY 220 N,W, Second Avenue / Portland, Oregon 97209 1'(W) FAIRHAV 013743 102'3' orpo5c5 only ror current and exac! cation of our tr :ilitiw;. "CAL L. la < 01(74" nrl land :.24 G.I 6,Y1 Miot : 325. 161. 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Svc GARDEN' P,R%s ?LACB &LAS f1 INADvarl) 14 RED C 'el)Pt ULIPI R.,05 al: S: Aill181931 REQUEST FOR COMMENTS DATE: December 19, 1991 FRO14: Tigard Planning Department RE: CONDITIONAL USE CUP 91-0010 M/NOR LAND PARTITION MLP 91-0014 SCHUMACHER (NPO #3) A request for Conditional Use approval to allow the placement of an existing duplex structure on a lot zoned for single family dwellings. Mao requested is Minor Land Partition approval to divide a 0.51 acre parcel into two lots of 10,000 and 11,680 square feet each. ZONE: R-4.5 (Residential, 4.5 unite/acre). The R-4.5 zoning allows single family detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations„ temporary use and residential fuel tanks among other uses. LOCATION: 13800 SW 110th Avenue (WCTM 281 3DD, tax lot 1300) APPLICABLE BBI7XEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. Attached is the Site Plan and applicantie statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a repert 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 Dec. 30, 1991. You may use the space provided below or attach a separate letter to return your comments. jolLare unable to imgp2othe aboto 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 CGN1T1CT: Ron Portiere* PLEASE CHECK THE FOLLOWING ITENS THAT APPLY: We heve reviewed the propOsal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Commeute: 4 Name of Person Commenting* Phone Number: - RECEIVED PLANNING REQUEST FOR COMMENTS JAN 0 7 1992 TO: DATE: December 19 1991 FROM: Tigard Planning Department RE: COaDITIONAL US p CUP 91-0010 MINOR L D PARTITION MLP 91-0014 SCHUMACHER (NPO #3) A request for Conditional Use approval to allow the placement of an existing duplex structure on a lot zoned for single family dwellings. Also requested is Minor Land Partition approval to divide e 0.51 acre parcel into two lots of 10,000 and 11,680 square feet each. ZONE: R-4.5 (Reeidentialt 4.5 unite/acre). The R-4.5 zoning allows single family detached residential units, publie support facilities, residential treatment homes, farming, mahufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. LOCATION: 13800 SW 110th Avenue (WCTM 281 3DD, tax lot 1300) APPLICABLE RE7.1EW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. 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 Dec. 30, 1991. You may use the space provided below or attach a separate letter to return your comments. Itirou tare unable to res L33 r thta_ajameggea. pleads 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, 1315 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. • STAFF CONTACT: Ron Pomero ?LEAB1 CHECK THE VOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. r Please contact Of our office. Plead() miler to the enclosed letter. Written CoMmentet iria■•■■•■•reimia .11.0,01.1111! ma, Name of Person Commenting: ArAy2...422AAAA441 Phone Number: ISL5 2,4 !,0'4 '4 [Page Too Large for OCR Processing] . . t „ MEMORANDUM CITY OF TIGARD, OREGON' TO: Ron Pomeroy, Assistant Planner FROM: Chris Davies, Development Review Engineer Q4_- R1!: MLP 91-0014 SCHUMACHER FALLains: December 30, 1991 1. Streets: The site is located on the southeast corner of S.W. 110ti, Ave. and S.W. Garden Park Pl. S.W. 110th is olass..fied as a minor collector and S.W. Garden Pk. Pl. is classified as a local street. S.W. 110th has the following minimum design standards (from centerline to property line): 30 feet of righ' -of-way, 20 feet of pavement, curb, and a 5 foot sidewalk. CurreW- , S.W. 110th has full half-street improvements, 20 feet of pavemey; curb and sidewalk along the east side excep where this development edics. Therefore, the applicant should be required to install half-strOt improvements meeting minor collector standards along the frontage of S.W. 110th including dedicating 10 feet of right-of-way. S.W. Garden Park Pl. has the following minimum design standards (from centerline to property line) 25 feet of right-of-way, 17 feet of pavement, curb and a 5 foot sidewalk. Currently, S.W. Garden Park Pl. is fully improved on both sides of the street except along the frontage of this development. S.W. Garden Park Pl. is a U shaped road and was built/improved as a part of two different subdivisions; Garde Place and Karen Park. Sidewalks were not inatallod, nor were thy required along the inside lots of S.W. Garden Park Pl. for both subdivisions; this development is located along the inside. Therefore, the applicant should be required to install half-street improvements along the frontage of S.W. Garden Park Pl. except for the sidewalk. Currently, driveway access to the site is provided from S.W. 110th Ale. The applicant is requesting that the existing dwelling be given access from S.W. Garden Park Pl. and the newly created lot be given a duel access one from Garden Park and use of the existing one off 110th. Section 18.108,060, of the Community Development Code, discourages access to a collector from a single-family dwelling if other means are available. The request by the applicant to keep the access point for the newly created lot should not be granted and access to the two lots, existing and new, should be from S.W. Garden Park Pl, 2. Sanitary Sewer: There is an 8 inch public sanitary sewer line located in S.W. Garden Park Place, at the east property line, The applicant proposes to extend the public line to serve the development. Normally it is required that for development, the sewer line is extended to the furthest property line to Serve future development. This development is at the end of the line and extending it to the west property line would not serve any other developments. Therefore, the applicant should be required to extended the sanitary sewer line to serve this development. ENGINEERING COMMENTS - SCHUMA,CHER MIIP 91-14 • I, • %Ft': PAGE 1 „, • '! • • •" • ,••••• • • „ . "••''''•••• 3. Storm Sewer: Effective December 1, 1991, we are required to comply with a new requirement of the State Environmental Quality Commission (EQC). The EQC is requiring that all new developments, that add additional impervious service area, within the Unified Sewerage Agency (USA) must include a water quality treatment facility. Previously, developments without a suitable site for water quality treatment were allowed to pay a fee in lieu of on-site water quality treatment, with the fees to be used to construct regional facilities. We feel that the new requirement is inappropriate. For many small developments, it is not feasible to build an on-site facility. Construction of numerous small facilities will create maintenance problems for the cities and USA. However, we have no choice. Effective December 1st, we must require the acilities or be in violation of State regulations. This issue was not addressed in our earlier staff reports, as we expected the ).ssue to be resolved between USA and the EQC. We are still hopeful that the issue will be resolved within the next three months. Therefore, the applicant should be required to install a water quality facility; but we recommend that the City Engineer be allowed to waive this requirement if the regulations are amended. Recommendation: THE FOLLOWING CONDITIONS SHOULDEREQUIRED PRIOR TO BUILDING PERMIT ISSUANCE: 1. Provide the Engineering Department with a recorded mylar copy of the final survey; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the cOpy, 2. The applicant shall install a water quality facility meeting the requirements of Resolution and Order No, 91-47 as approved and adopted by the Unified Sewerage Agency of Washington County, The City Engineer may waive this requirement to the extent allowed by the regulations of the Environmental Quality Commission and Unified Sewerage Agency as they exist at the time the Public Improvement plans are approved and installed. 3. Standard half-street improvements shall be installed along the S.W. 110th Avenue frontage, Said improvements along S.W.11Oth Ave. shall be built to minor collector standards and conform to the alignment of existing adjacent improvements. In addition, right-of-way shall be dedicated to the public along the S.W. 110th Ave. frontage to increase the right-of-way to 30 feet from centerline. CO 4. Standard half-street improvements shall be installed along the S.W. Garden Park Pl. frontage. Said improvement. along S.W. Garden Park Pl. shall be built to local street standards and conform to the alignment of existing adjacent improvements; the only exception to this standard is that the sidewalk is not required to be installed at this time. In addition, right-of-way shall be dedicated to the public along the S.W. Garden Park Pl, frontage to increase the right-of-way to 25 feet from centerline. 5. The lots created by this Minor Land Partition shall be granted access from S.W. Garden Park Pl. only. ENGINEERING COMMENTS - SCHUHPCHER MLP 91-14 PAGE 2 • THE APPLICANT SHOULD IN _ADDITION BE AWARE OF THE FOLLOWING_ SECTIONS OFTHE COMMUNITY DEVELOPMENT CODE THAT SHALL BE COMPLIED WITH AS AMINIMUM PRIOR TO PLAT APPROVAL: 1. SECTION 18.162.080 Final Plat Application Submission Requirements A. Three copies of the partition plat prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or narrative, B. The p artition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) , Washington County, and by the City of Tigard. 2. SECTION 10.164.030 Streets E. Minimum Rights-of-Ways and Street Widths: 1. Unless otherwise indicated on an approved street plan, the street right -of -way and roadway widths shall not be less than the minimum width described below. (a) Minor Collector ;; 60 feet R.O.W.; 40 feet of roadway width (b) Local Street; 50 feet R.O.W.; 34 feet of roadway width 3. SECTION 18.164.150 installation: Prerequisite /Permit Fee A. No land division imprtvements, including sanitary sewers, storm sewers, streets, sidewa,llcs, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. AP P ROVED Randall R. Wooley, City Engineer cd /MLP91- 14.CRD ENGINEERING COMMENT NT S - S CHtJMACHER MLF 9 -1 4 PAGE FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 91-0010 MINOR LAND PARTITION MP 91-0014 SCHUMACHER (NPO #3) A request for Conditional Use approval to allow the placement of a existing duplex structure on a lot zoned for single family dwellings. Also .requested is Minor Land Partition approval to divide a 0.51 acre parcel into two lots of 10,000 and 11,680 square feet each. ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zoning allows single family detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other us -a. LOCATION: 13800 SW 110th Avenue ,.(WCTM 281 3DD, tax lot 1300) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. 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 Dec. 30, 1991. You may use the apace provided below or attach a separate letter to return your comments. If ou ate unable to roe ond b the above date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as poEisible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Vox 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Ron Pomero 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 -...inclotted letter. Written Commento: Name of Pertion commenting: Phohe Number: RECEIVED PLANNING REQUEST FOR COMMENTS lEC 2 6 1991 f. DATE: December 19 1991 FROM: Tigard Planning Department RE: !CONDITIONAL USE CUP' 91-0010 MINOR LAND PARTITION MLP 91-00i4 SCHUMACHER (NPO #3) A requeat for Conditional Uae approval to allow the placement of an existing duplex structure on a lot zoned for single family dwellings. Also requested is Minor Land Partition approval to divide a 0.52. acre parcel into two lots of 10,000 and 11,680 square feet each ZONE: R-4.5 (Resid ntial, 4.5 units/acre). The R-4.5 zoning allows single family detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other twee. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 30D, tax lot 1300) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. 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 decisien will be rendered on the proposal in the near future. If you wish to comer& on this applica.eion, we need your comments by Dec. 311, 2991. You may use the space provided below or attach a separate 'letter to return your comments. If you ammaj21.etgxes b date.J. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as poosible. 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: ,..,_110LIVA_ero 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: "'"dt5S mommotomiNft DEC 2 0 1991 commuNomous consort REQUEST FOR COMMENTS ' ` DATE: December 19 1991 FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 91-0010 MINOR LAND PARTITION MLP _ 91 -0014 SC HUMAC! ER (NPO #3) A request for Conditional Use approval to allow the placement of an existing duplex structure on a lot zoned for single family dwellings. Also requested is Minor. Land Partition approval to divide a 0.51 acre parcel into two lots of 10,000 and 11,680 square feet each ZONE: P-4.5 (Residential, 4.5 units /acre) . The R-4.5 toning allows single family detachod residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. LOCATION: 13800 SW 110th Avenue (WCTM 251 3DD, oast lot 1300) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162 Attached is the Site Plan and applicant's statement for your review. From information supplied by variou) departments and agencies and from other information avai «table to our staff, a report and recommendation will be prepared and a decision w'in be r ndered on the proposal in the near future. If you wish to comment on this application, we need your comments by Dec. 30, 1991. You may use the space provided below or attach a separate letter to return your comaaients. f +u are unable to rea +•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 ou 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: Ron Pomeroy 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 ©ncloaed letter. Written Comments: Name of Peron Commenting: .d Phone Number= 1.21,f 2 ,f L" --- - INEVEMENESIOMMINIWISICIMMIS REQUEST FOR COMMENTS DATE: AeLember 19 1991 _..,. FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 91,-00 0 MINOR LAND PARTITION ML'P SCHUMACHER (NPO #3) A requesnt for conditions] Mae approval to allow the placement of an existing duplex ratructure on a lot zoned for tangle family dwellings. Also requested is Minor Land Partition approval to divide a 0.51 acre parcel into two lots of 10,000 and 11,680 square feet each. ZOl a R -4.5 (Residential, 4.5 units /acre). The R.-4.5 zoning allows single family detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uaae, and residential fuel tanks fang other uses. LOCATION: 13800 SW 110th Avenue (WCTM 281 3D1D, tax lot 1300) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and mcencies and from other information available to our staff, a report and recoraataendaation will be prepared and a decision will be rendered on tlee propo ®al in the near future. If you wish to comment on this application, we need your comments by Dec. 30, 1991. You may ufe the space provided below or attach a separate letter to return your comments:. you are unable to r®ap�ond by the above,,,at, a., please phone the staff contact noted below with your comments and confirm your Comments in writing as aof""„!i as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall 131vd. Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Ron Pomero PLEASE CHECK TUB FOLLOWING ITEMS THAT APPLY We have reviewed the ,proposal and have no objections to it. imarassworoome ammarvonwowslat Please contact of our office. Please refer to the enclosed letter. Written Comments: t? . y... , i°`� ! «'�i '. �c y' ✓ k ....,.s rrd.�.�bCil w �.yi A AI t Name of Person Commenting: Phone Number t„�,,,�/ Avesserommusammrsommemetas FROM: Tigard Planning Department RE: CONDITIONAL USE CUP 91-0010 MINOR LAND PARTITION MLP 91-0014 SCHUMACHER (NPO #3) A request for Conditional Use approval to allow the placement of an existing duplex structure on a lot zoned for ingle family dwellings. Also requested is Minor Land Partition approval to divide a 0.51 acre parcel into two lots of 10„000 and 11,680 square feet each ZONE: R-4.5 (Residential, 4.5 unite/acre). The R-4.5 zoning allows single family detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations,/ temporary use, and residential fuel tanks mom; otter uses. LOCATION: 13800 SW 110th Avenue (WCTM 281 3DD, tax lot 1200) APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. Attached is the Site Plan and applicant's statement for your review. Frost information supplied by various departments and agencies and from other information available to our ntaff, a report and recommendation will be prepared and a deasion will be rendered on the proposal in the near future. If you wish to comment an this application,. we need your comments by Dec . 30, 1991. You may use the space provided below or attach a separate letter to return your comm,nts. Lf_vge unble to respond by he above datsig1 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 thin matter, contact the Tigard PlaranirAg Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. t"--n 2 0 ;391 FOR COMMENTS RECEIVED PLANNING DATE: 1)eceorett1991 STAFF CONTACT: Ron Pomeroy_ 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. XX Writteu Comments: A1{1122113 the Water District has no ob'ections wet 5.1.1....) that tligg, Name of pergola Commenting: Michael Miller,. Enqineering 'Pech, III Phone NUmber: 639-1554 PROPOSAL DESCRIPTION FILE NO: CUP 91x0010 / MLP 91.0014 FILE TITLE: SCHUMACHER APPLICANT: Dean A. Schumacher 13800 SW 110th Avenue Tigard, Oregon 97223 OWNER: SAME FAQMS_T_L_IgNA,A_Mfangta Applicant requests Conditional Use approval to allow the placement of an existing duplex structure on a lot zoned for singe family home. Also requested is 2) Minor Land Partition approv4l to divide a .51 acre parcel into two lots of 10,000, and 11,680 square feet each ZONE: R-4.5 (Residential, 4.5 units per acre) LOCATION: 13800 SW 110th Avenue. (WCTM 281 3DD, tax lot 1300) COMPREHENSIVE PLAN DESIGNATION: Low Density Residential WO NO: 3 NPO CHAIRPERSON: Herman Porter PHONE NUMBER: 639-0895 CHECK ALL WHICH APPLY: STAFF DECISION gazi 2_ DuE PLANNING COMMISSION DATE X HEARINGS OFFICER DATE .6..._. CITY COUNCIL DATE lla 1X TO STAFF'_ QNL OF HEARING: TIME s `7' s ._. OF HEARING: TIME :7.0 OF HEARING: TIME s 7 t 3 REQUEST FOR COMMENTS AND ATTACHMENTS: X VICINITY MAP X NARRATIVE X SITE PLAN LANDSCAPING PLAN ARCHITECTURAL PLAN OTTER PREPARE FOR PLANER APPROVAL: ADVERTISEMENT -M TIGARD TIMES OREGONIAN X _ NOTICE TO PROPERTY OWNERS TO BE NAMED LETTER OF ACCEPTANCE OF APPLICATION STAFF CONTACT: Jerry Offer CODE SECTION: 18.130, 18.162 USE LISTINGS: Single family detached residential units, public support facilities, residential treatment home, farming, manufactured homes, family day care, home occupation, temporary use, residential fuel tank, and acrcess vey structure. CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION /3340 slAl TAX MAP AND TAX LOT NO.___2=f11.11111111_::_latIggirpt SITE SIZE /4e/eL5 PROPERTY OWNER/DEED HOLDER*04A/ 4, Sel-lUmitatrig woaii- -74 6Z o -7oSo ADDRESS /3LLi4.. PHONE kg44-1202.4/ CITY .....1:164,e,a2/4 ZIP 7Z Z3. APPLICANT* /r ADDRESS /41:544..Akif..../1,4.AlliedrPHONE _121 CITY TE6:6421) OA: ZIP FOR STAFF USE ONLY CASE OTHER CASE NO's: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: a - Application elements submitted: WSApplication form (1) Owner's sign4turdwritten authoization L-40'Title transfer instrument (1) :501-Assessor's map (1) _LL..:(11-Preliminary Plat (pre-app checklist) 4.--errApplicant's 9tatement (pre-app checklist) ftes.44240.-feeete-41) Piling fe9L(.4415.4alos.11., ,444,-.44z) 0' 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 wtitten authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request permission to divide a .5" Anee Total Area parcel into 'TWO lots between (number of lots) 42200 and square feet in size. DATE DETERMINED TO OE FINAL DECISION DEADLINEt.... COMP. PLAN/ZONE DESIGNATION: - IOS Number: Preliminary Plat Approval Date: 0520P/13P Rev'dt 3/88 Final Approval Date: Planning Engineering, Recording Date and Utmbert 3. List any variance, Planned Development, Sensitive Lands, or other land use actions to be considered as part of this application: z,,, .`7'- AbEW ` je 4. Applicants: To have a complete Lvplication you will need to submit attachments described in the attached infor►ation sheet at the time you submit this application. 5. THE APPLICANT (S) SHALL CERTIFY THAT: A. The above rednest So„s notate asi_JITL d restrictions that may be attached to or impose:c uaon the ,pub ect Eoer 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 attachments, applicants application, false. �� in the lot lar� above statements and the statements p p and exhibits transmitted herewith, are true; and the so acknowledge that any permit issued; based on this may be revoke: if it is found that any such statements are D. The applicant has read the entire ;antenta of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this /fv day of .�..'S SIGNATURES of eac t owner (eg. husband and wife) of the subject property. ,NAME n G HUMt C HE I DEAN N AlIDDR—SS 1� W 110TH : PUEsPO1xsE 'OF P Vhl1! NT I PT OF PW '1M1 E1' T RECEIPT NC3 • 1-' ►:xe s CHECK AMOUNT t 3$6.050. CASH AMOUNT 4 0400 PAYMENT DATE I 12/i0/q1 ; MOUNT pp m) ,) PUE Pt S OF Pr ME NT LR1{ amA p -.c.TMNs??tRD U AaIYVEIP x /K%RxA161kPYiAIAPUiyL CUP 9 —0010 W +�MLYesLOh�kxbHrN�+i1x .r1if0 Rgxi0 4 Ci �uubn�r+aus+.dW+,' ��+ IswA+ y��u: kiul kAiv�ualNml- i'epimfw%aN�ta;a•ri7wY•AM+ .#N`3 PPL tL' YncrY4ak 0014 • ISTAL AMOUNT g ;8 d 50 • ARCNITECTURAb DRAWINGS The structure proposed for placement on the lot created by the minor land partition is an existing strecture. This structure is to be moved from its existing location to make way for the "Gaarde Street Realignment Project". The structure is currently located at 10930 $W Garden Park Place. The tax map number is 2S13D0-02400. The structure has 2414 square feet of livirq4„ Spade plus an attached garage of 450 square feet. The height of the structure is levs than 30 feet. Since the structures architectural drawings were reviewed when the building was constructed, it is reotested that these drawings shall not be required for submission. The structure shall be placed, at its new site, on a standard concrete fondation. The applicant requests that the city approve an alternate foundation design which would involve a partial basement and an additional driveway access to be located on SW Carden Park Place. The basement area will be for storage as oppeaed to additional living area and ) '11 only be accessable from the grJund level at the north end of the structure Some preliminary drawings have been submitted on the following pages. , a LS 'FOR- go'PoSE:b i`st-Teg-l\16- '‘P rooNDArt-toA 'Fo01\31)tcr I 3' NOE DoOR...WA-y .i "..-t 4 10406:1-) PARTI1100 WALL 1141 vot)e. ill/ WIDE. GAAA6e— GAP `Dese)12-- 41o' z pAstAel„fi- VOUNIDATIDIs-1 vote. booe."A Ay 1 I\VFO 12.M. Pr LAt3P 1-7 %A:344AL.- NIME FO OW) ATtot4 UIRE-3)) re, SW S A request by Dean Schumacher, purchaser of record, for a conditional use perldt and a minor land partition to divide a .51 acre parcel into two lots of 10,a00 sq. ft. and 11,680 sq. ft. The conditional use permit would allow the placement of an existing duplex structure onto the western half of the parcel. Also requested is d variance to delete the requirement of a sidewalk along At Garden Park Place. The property is zoned R-4.5 (Single Family Residential, 4.5 units/acre) and is located at 13800 Sr 110th Ave. (281 3Db lot 1300). The proposed site is 900 feet from the intersection of State Highway 99W and SW McDonald Road. Within a 300 ft. radius of the proposed site there are 13 existing duplexes and 10 existing single family homes. The proposed site is bounded by R-7 zoniing.to,the south. 7 lots zoned R-4.5 lie to the east and north of the site. 5 of these 7 lots are under the current 7,500 sq ft. lot size required for single family detachel.residential structures in a zone R-4.5. To the west is an annex structure of a church. The proposed partition creates a 10,000 sq. ft. duplex lot and a 11,600 sq. ft. single family lOt. Both are allowed by the city comprehensive plan. Carrent setback and lot size requirements are all met by the proposal for both the lots. Height requirements are also met. 1 A vacation of public right-of-way has been requested, If thi!request is denied, the duplex lot Size will be less than 10,400 sq. ft. and setback requirements on the north side of the lot will not meet the code. Ali necessary public utilties are accessable and all improvements shall meet applicable city standards. Since this proposal involves the moveMent of an existing structure to a Site only 550 feet from its, current location, and since the impact on Public facilities will not increase, it is requested that those fees collected to pay for increased 0Pact on public facilities be waived, In addition, it /a requested that the city allow the placement:of the exiting' duple x. structure'on a foundation at the proposed site, and that the installation of and connections to public facilities shall also be permitted prior to the constrUc- tion of the required street Improvements. Also, it shall be agreed that the structure shall remain unoccupied until the required street improVements have been satisfactorily completed. 46.3 9 ; 10.10.._......... 1 0.10 1 �,. 8 .6G 427 ' 'r" 428 429 c11.95' 425 -- '- 426 •� � Q • p. 13 12 • 1 Q 10 M► moo, '..� ®o 4AP 3DC 16.6' INTAL PTb7' s 6100 6200 g I # co 1 © 2 ,4$Kr R � 6 89.66 , 671 1310 I ,, gl.®,'!a.1„.�, 60-27731 I 1 300 II ,q ..5/ Ac. 57' 55 4827 6101 33' E 63 1 3 00 0 4 6400 /9A302 c. N 34,33227s R +1701 rietao 75.22 44.70 10210 g Ft 0 2 .i '43 a 42 41 .t 40 r .39 0 38 1 v � GA 's .F. DE 4 50 0 Y0 70 69.90 `7U 7`404 :,M u GARDEN 0 4' 70.32 20 00 100 30 7 100 i ` R 7A �, ��' 200rj 2100 .,��,. 2600 4. • 1 5 �10r loss__ I0 9a32. _ 2200 too 2500 m 1600 1900 :� 2 6 9 2 0 4 too. loo 69.13 . _ �;- - 2300 o 2400, k er 8024 4 i *.t1. A i r. 1061.74 `. 14)0.0 „. 1402.34..; 18 f 1�.�CH .} . 0@9° l31t 34 ?A&E oF 4 VARIANCE APPLICATION Given that the adjoining properties to the site in question do not currently have sideWelks on the south side of SW Garden Park Place. Additionally, sidewalks do exit on the north side of SW Garden Park Place, across from the site in question. It is requested that the sidewalk requirement along SW Garden Park Place be deferred until such time as they are required for the adjoining properties which are currently without sidewalks, The constrUction of a sidewalk that comes to an end in the middle of a block could create unsafe pedestrian crossings at that point. Also, the construction of this sidewalk would require the removal of 4 large trees that could otherwise be saved. The trees. that would have to be removed are a ponderosa pine, a tulip tree, a Japanese black pine, and a douglas fir. These trees are an important natural feature. They are also an important erosion control fmkture as they are growing on the edge Of a steep bank. 4'1'1 .... .±. IA ui z z 1..01" c5 i z.. E_ 1 I , GBE i.ft < .< e 7 • 0 .1 R- < S iNGI- a: FAfri I ti eXisrik4 G d • 6 2. I a. IR Es: 2 o J . ...e.ri RE E:sAr.,...7.4.vcte.-S fil U.1 .. ill 'As. 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We. 351) . y�� t 4, lea' 'cd'6 '` 0_ pt1;1.14 .0 ,, 1402.34..,,,,; $8 .+►. 0 IP, (10,s9 4 1..i Ay 6+20 3100 1 14 100.46 see 3 ts it 64 061.9* .1 /1/.63 iii VeREPRIMNIESSINW 5 rr.. eNf fit,.. ©f M 1' tom' d,,.,�e i " #�' a 1 OP 4 3 5)11 l > /03, /$s• 0 z /0 /. 5'5- /62 3\ 13 0 i1c1 AVE 4a —pit PRO,?O5 E.1) PL' beAtt\INiii& of ICS .6-r ti f gov em Ewr s �, 1-0 eto ez I) Nogirg 1 t..of$$& mS i0 114 AN gb 1'Ag r LAC ,.0.1..E tytP'r4.14 i 18S AL r ii S W Css R' E M PAR tom. P.LA G E. (°r »Jb CON N c r exis -ri M f PIPE_ f:AST VRA-1 tJ axisrIAG ovag..IMA.T> ?ovJare- •777=4,-E- friogr7-' - AND °Nis FR.D?os-al> 1 $W GA RPEW ARIs ?I- C' N Scr cf V9 MS N tV W?--5Y ss-a v -- Q I ,f' -- - - - _tt I CZi cog /.2x/1 fi 06 0 .42„.. pA-s s fir+ 3el..f 3 V i'40 we, iczsa_ U1 yw1 ez V 0 .1 -'t 211. -"3 -0 C S °c Q ::1 a 6 `56 Fts coo `Qt s ism ,` =et ¢t• G r► '` w 1�PAS1 ~tu nue�._nq,RLl,pNCS.tlq.eito�e FORM Nu. 964— WARRANTY DEED—STATUTORY F • DEED—STATUTORY FORM 0 19 3 WARRANTY CORPORATE GRANTOR CI ,TIZ,SNS SAVINGS & LOAN ASSOCIATION, A FEDERAL SAVINGS AND LOAN ASSOCIATION a corporation duly organized and existing under the laws of the State of OREM Grantor, conveys and warrants to .... Q1 ;PAN..p1,... . as. Pn... 1 nd. i. u. i .duai .................r.:...,.. ...... ............................... ......................Grantee, the following described real property free of -ncumbrances except as s ecifically set forth herein situated in ....Wi'3.Sh.i.tlg.tPfl County, Oregon, to -wit: jJ'S�` attached Ex'li bi t A" ee COUNTY `� fl WASHiNGTJtd TRANSFER TAX c` M: e<,� REAL PROPERT ci: �.1 � ,.l!. - DATE yC R �w� �' r �, all Ir`ISUFFiCelsta��CeN CONTINUE o�stalaT�oN QN REVEhse s os► a I cumbranc asemen recorded October 25, 1979 Fee No. 1 �'�'°�7'llie said property is free from p t rec /90144168• Easement recorded August 12, 1980 Fee No, 80027731; Restricti covenants Recorded December 7, 1981 Fee No- 8101107 j; 1987 -'88 Taxes lien, but net Yet due and payable The true consideration for this conveyance is $..374,000..00 (Here comply with the requirements of ORS 93030) Done by order of the grantor's board of directors with its corporate Seal alfixed Citizens Savings and Lo ,i1,1 Association, A ..Ee.d� t'r..�l.t.tlgs...1d,1.►OT .AT.R.T.ilar�.1.' 1rl..... 141S INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE. SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICAl3LE LAND USE LAWS AND, REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO, THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. (CORPORATE' SEAL) STATE OP ol'ccoN, County of Personally appeared 1,•lho, each bein4 first duly so'u.: , dill say that the funkier is the .. president and that the latter Is the secretary of •• .. oo , a corporation, and that the seal a!!lxed to the loreijohn4 instrument is the corporate seal of said corporation and that said Instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and each o! them acknowledged said instrument to be its voluntary act and dead. (OFrlclAL 5cAu) IJelore nie� Notary Public for Oregon; My commission ekpires: 1)or ii E. " Spaf. Vi ce.......President ‘SAltItANTY t()Ii lilt Citizens Savings and Loan Assoc, tinANTon estIANTEE Dean A, Schumacher ttHANTrF' Abhtl. 9.. /10 After teibrding reiurfl for bean Ae Schumacher 18800 SW 110th AVe . liortl,t, OR 97228 srAct nEsEtiVEb yeti UECohbiU'a (AC Until a change Is requested, all tax stateRiet ld shall be Semi to the following addreffl same as above.......... STATE OF OREGON, ss, Countyof .........r .......... ....... ......r 1 certify that the within instru- merit was received for record On the day of at ....... .............o'clocic.....,ll?„ and recorded in book /reel /volume NO. on Page or a;s document /lee /file/ itistruitnerit /tnicro1ilm No, ......., Record of Deeds of said coilrlty, Witness ni y hand and seal of County alibied, NAME tItLE Deputy NAM, Abbe440. 7:IP EXHIBIT '`A" A at of land in the Southeast quarter of Section 3, Township 2 SoL,h, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon Beginning at an iron rod on the Easterly line of a 16.66 foot width entrance roadway (Deed Book 236, 11� iron rod from South 89°35' West 1102.34 fe et the Southeast corner of said Section 3, and going thence North 89°56' E 0, ,6, feet to an iron rod o thence North 0°11' West 138 4 6 feet to an iron rod; thence South 89 56 Wes' fe , thence ou.th 0°11' East 22 feet; thence South 89°561 West �feet to ,:gin iron dot on the a Dress d Easterly roadway line; ence on the roadway line, South 0 °i1' East 116.6 feet to the true point of beginning. sT .'rE OF OREGON County of Washington I, Donald W. Mason, Director of Assessment and Taxation and Ex- Officio Recorder of Con. veyances for said county, do hereby certify that the within instrument of writing was received and recorded In book of records of said county, Donald W. Mason, Director of Assessment and Taxation, Ex- Officio County Clerk 19117 RUG 12 MCI 9� 3 CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES Phone:. PROPERTY LOCATION BDDRESS: Isgfpr) TAX MAP & TAX LOT: NEESSMY PLICATION(S): At Si 06151...6; 04/Alq(06 PROPOSAL D SCRIPT ON: COMPREHENSIVE PLAN DESIGNATION: QJ ZONING DESIGNATION: R'45 .--)deofiet NEIGHBORHOOD PLANNING ORGANIZATION CHAIRPERSON: PHONE: ZONING DISTRICT DIMENSIONAL REQUIREMENTS 5rie Minimum lot aize: hpeoe2 eq. ft.- dppoe,, *Z0P01,1 .144e Minimum lot width: go ft. 4' eitiPle> 4 ror Sr,te setbackg: front:- ft. side-i., ft* garage-...Q. gt. corner- ft. from both streets. Maximum site coverage:AO % Minimum landscaped or natural vegetation area: Maximum building height: ft. ADDITIONAL LOT DIMENSIONAL IREQOXREMENT8 Minimum lot fronta5a: 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 feet of frontage or have a minimum 15 foot wide access easement. Maximum lot depth to with ratio of 2.5 to 1. SPECIAL SETBACKS Streets: ft. from centerline of or21,14tablishedareaS: — ft. from ‘ -......-......... jAwer intensity zone el: ft*, along the dite'S boundary Flag lot: 10 ft. aide yard setback Accessory structures: up to 528 sq. ft. in sizett5 ft. setback from aide and rear lot lines Accessory structUred: up to 1000 sq. ft. (where allowed) ..., See applicable zoning district setbacks Zero lot line lots: minimum 10 foot separation between buildings Multi-family residential building separation: See Code Section 18.96.030 SPECIAL HEIGHT LIMITS Flag Lots: 1-1/2 stories or 25 ft., whichever is Xesa, 2-1/2 stories or 35 ft. in R-7, R-12, R-25 or R-40 zones if standards of Code Section 18.98.030(B) are met. Building Height Exceptions (Code Section 18.98.020): Buildings located in a nonresidential zone may be built to c height of 75 feet provided: 1. A minimum FAR Omilding floor area to site area ratio) of 1.5 to 1 will exist; 2. Al). actual building setbacks will be at least 1/2 the building's height; and 3. The structure will not abut a residential zone district. RESIDENTIAL DENSITY CALCULATX04 Community Development Code Chapter 18.92 specifies that the net residential units allowed on a particular site may be calculated by dividing the net area of the developable area by the minimum number of square feet required per dwelling unit in the applicable zoning district. Net development area is calculated by subtracting the following land area(s) from the gross site area 1. All sensitive lands areas - land within the 100 year floodplain - slopes exceeding 25% - drainageways 2. Land dedicated for park purposes 3. Public right-of-way dedication 4. Al). land provided for private streets (includes acceSsWays through parking areas) The City of Tigard allows a residential density transfer of up to 25% of the units that could otherwise have been developed on sensitive lands areas listed in (1) above to the developable portion of the Site in accordance with Code Section 18.92.030. It is the rasponsibility of the applicant for a residential development approval to provide Calculations for permitted residential density and density transfer. SOLAR ACCESS REODIREHENTS .Effective May 1, 1991 all subdivisions and minor partitions are subject to a solar access requirement which states that 80% of all lots developed must be solar-oriented. The characteristics of a solar-oriented lot are high levels of wintertime run striking the south walla and roofs of the house, house orientation maximizing south window area, and a south-sloping roof area. TO achieve this, one may utilize the following: 1. Basic requirement: Design a lot with at least 90 feet of north-south lot dimension and an Orientation within 30 degrees of south; 2. Protected Solar Building Line: the solar building line must a) be oriented within 30 degrees of south, b) have a minimum of 70 feet between it and the middle of the lot to the north, c) have a minimum of 45 feet between it and the northernmost buildable boundary of the lot on which the building line is located. Page 2 4 3. Performance Options: The first option require:: the house to be oriented within 30 degrees of an east-west axis and have at least 80% of the ground floor south wall protected from shade. The second option requires at least 32% of the glace and 500 square feet of the roof area to face south and be protected from shade. Total or partial exemption of a site from the solar access requirement can be for the following reason: 1. East, west or north slopes steeper than 20%. 2. Off-site shade sources (structures, vegetation, topography). 3. On-site shade sources (vegetation). Adjustments allowing reduction of the 80% solar lot design requirement can be for the following reasons: 1. Reduced density or an increased cost of at least due to - east, west or north slope greater than 10%, - significant natural feature, existing road or lotting pattern, • public easement or right-of-way. 2. Reduction in important development amenities. 3. Pre-existing shade (vegetation). RESIDENTIAL DENSITY T'RANSITIOU Regardlese of the allowed housing density in a zoning district, any property within 100 feet of a designated established area shall not be developed at a density greater than 125 percent of the maximum Comprehensive Plan designation (not zoning) of the adjacent parcel. Required automobLle parking for this type of uee: _tbeecoeved PARK.THG AND ACCESS Secondary use required parking: 25% of required spaces may be designated compact-only spacee. Standard parking space dimensions: 9 ft. X 18 ft. Compact parking space dimensions: 8.5 ft. X 15 ft. All parking areas and driveways must be paved. Handicapped parking: All parking areas providing in exCess of five required automobile parking spaces: shall provide appropriately located and t1/4 designated handicapped parking spaces. The minimum number of handicapped parking spaces to be prov/ ded and parking dpacte size are mandated by the Oregpn Revised Statutes (see handout). A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be provided. Bicycle racks are required for civic useo, non-residential uses, Commercial uses, and industrial uses providing 15 or more automobile parktpg spaces. Bicycle parking must be provided at a ratio of one bicycle rack space per 15 auto parking spaces. Bicycle racks shall be located in areaa protected from automobile tea f ad. The Planning Divieion can provide specifications for approved bicycle rack types. Air A h ca, Drive4n use qteuing areas: 4, Page 3 Minimum number of accesses: A °- Minimum access width: , ea() .. UN i� 1 r / / Maximum access width: Pedestrian access must be provided between building entrances and parking areas, outdoor common areas, and public sidewalks and streets. For detailed information on design requirements for parking areas and accesses, see Community Development Code Chapters 18.106 and 18.108. CLEAR VISION AREA The City requires that clear vision be maintained between three and eight feet above grade at road /driveway, road /railroad, and road /road intersections in specified clear vision areas. The size of the required clear vision aiea depends upon the abutting street's functional classification (see -gt _ �. ---- -- LAND C re Stet trees are required for all development fronting t n g,h on a public or private street or a driveway more than 100 fee gt trees must be placed either within the public right -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 grade. Street trees should be 20 to 40 t apdepending p t � esize. Furthe inform ation on regulations affecting street trees and alist of recommended street trees may be obtained from the Planning Division. parking a canopy st be planted in and A minfsnu�n of one ne tree per seven parking spaces must x►andscaped V, around parkin areas in order to provide mil. screening of parking areas from views from'public rights -of -way must be `- provided. BUFFERING ©1 rSCREENING privacy ,,. yards noise or In to increase rivac and to reduc.o or eliminate ad visual impacts between adjacant developments, especially between different sand uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of Site a g scuri screens or fences are sidth. Buffer areas tirust. be occupied by a mixture of deciduous and sand evergreen trees and st, required in some cases, and aften are advisable even if not required. Required buffer areas may only be occupied by vegetation, fences, utilities, and sidewaik5. Additional 'information on required buffer area Materials and sizes may be found in Jade Chapter 18.100 and the Planning Division bulletin on landscaping and buffering. Page 4 In addition, sig SIGNS Permits must be obtained before erecting any sign in the City of Tigard. A "Guidelines for Sign PeLmits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development application. SENSITXVE LANDS ADDITION PLANNING CONCERNS OR COMMENTS PROCEDURE Administrative staff review. 7]]*MiPublic heating before the land ude hearings officet. Public hearing before the Planning Commission. Public hearing before the Planning Commission rat% the Commission making a recommendation on the proposal to the City Council. Another public hearing ia held by the City Council. All applications must be adcepted by a Planning Dividion staff member at the Community Development Department codnter at City Hall. Applications submitted by mail or dropped of at the counter Without Planning Division accepf.ance will be returned. Applidations submitted after 4:30 P.M. on ThUraday Will be batched for processing with the following Week's applications for processing, No applications will be accepted after 3:00 on Fridays or 4:30 on other days. Maps Submitted with an application shall be folded in advance to 8.5 by 11 inchea. one 8.5 by 11 inch map of a proposed projent Should be submitted for attaohment to the staff report or adminiatrative deciaion. The Planning Division and Engineering Division will do a preliminary review of the application and will determine whether an application is complete within 10 days of submittal. Staff will notify an applicant if additional information or copied of the submitted materials are needed. The administrative decision/public hearing typically will occur approximately 45 to 60 days after an application is accepted as complete by the Planning Division. Applications involving difficult issues or requiring 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 followp all d cisions. An appeal on this matter would be heard by the A basic flow diagram illustrating the review process is attached to this sheet. The pre-application conference and the notes of the conference are intenead to inform the prospective applicant of the primary Community Develeement Code requirements applicable to development of a particular 'OP°J and to allow the staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide any information required by the Code shall not constitute a waiver of the applicable standarde or requirements. Another pre-application conference is required if an application is to be submitted more than six months after the pre-application conference, unless the second conference is deemed unnecessary by the Planning Division. 'PREPARED BY: ts... Fre""It PLANNING DI ISION PHONE: 639-4171 PUBLIC FACILITIES The purpose of the pre-application conference is to: (i) identify applicable Comprehensive Plan policies and ordinance provisions; (ii) to provide City staff an opportunity to comment on specific concerne; and (iii) to review the application revieW proceed with the applicant including identifying who will be the final decision maker for the application. The extent of public improvements and dedications to be required of the applicant will be recommended by City staff and approved by the appropriate authority. There will be no final recommendation to the decision maker by City staff until all commenting agencies, City Staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improveMent related requirements that may be required as a condition of development approval for your project, platIt=g1=1.4gy dedication: The City of Tigard requires that land area be dedicated to the public to indrease abutting public rights-of-way to the Ultimate functional street dlassification rights-of-Way Width pedified by the Community Development Code. • TRAFFIC IMPACT FEES In August, 1990, the Washington County Board of Commissioners adopted the county-wide Traffic Impact Pro ilr.rxP) Ordinance and referred the measure to the Washington County voterr4;Xn September, 1990, the Washington County electorate overwhelmingly approved expanding the TIF program throughout all jurisdiction o 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 county's program. The City Traffic Impact Fee program will collect fees from new development based on the development's projected impact on the transportation system. Developing properties will be required to pay based on the number of trips they are projected to generate. The TIP is calculated based on type of use, size of project, and a general use based fee category. The TIE' shall be calculated at time of building permit issuance. In limited circumstances, payment of the TIP may be allowed to be deferred until issuance of occupancy permit. Deferral of payment until occupancy is permissible only when the TIF is greater than $5,000.00. STORMWATER QUALITY FEES The Unified Sewerage Agency has established and the City has agreed to enforce, Resolution No. 90-43, Surface Water Management Regulations, requiring the construction of on-site water quality facilities or fees in lieu of their conutruction. The resolution requires that a fee and/or construction of a water quality facility be built. The fee is based ,n the amount of impervious surface; for every 2640 square feet or portion thereof, the fee shall be $375.00. The City of Tigard determines if a fee or facility shall be built. STREET DOER= PERMIT No work within a public right-of-way shall commence until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS' On all projects that require a grading plan the applicant shall submit with the grading plan a typical floor plan for each lot which shall have the elevations of four corners of that plan along with elevations at the corner of each lot. llbr/JO:PREAPP,MST PREPARED BY: 61/715 ENGINEER/NG DIVISION PHONE: 639,4171 Page 8 4 \ae., ILL i-et1,40e- \-41 kLE6 Ot.A.At 111/44. t \ANe, 1 //ae ij Minot etodeoe, Approval of a development application for this site will require dedication of right -of -way for 1. 2. Street improvements. to feet from centerline. to feet from centerline. A .r- .�' y� oPP0 t t „-'C3. (. rt+ Q- a� t.1. 60, G tvsk- 1. s►treet•1 lacnprovements will be necessary along S t h 2. street improvements will be necessary along - l�1-' ► � A PL4cC- 3. Needed street improvements will include ...,,feet of pavement from centerline, curb and gutters, storm sewers, and five-foot wide sidewalk, necessary street signs, streetlights, streetlighting fee. In some cased where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In these cases, are a condition of development approval, the property owner(s) must execute a non-remonstrance the formation of a local property district formed to improve improve Vive 01 1. ti°10 1 a /..,% " e an ary v v a' 2. Pedestrianways /biCewaye w P\''' it Sewers The closest s itary sewer to this property is an ��x � �ry inch line located at -,������� PO�� -�• .,.. • The proposed tl > �' , be connected to a sanitary sewer. It is the developer s . � � €3velo ent must b responsibility to extend the sewer along the proposed development site's Storm sewer: im rovemen pyte,+ f, .2P.AL� de lP Water Su 1 The � ± ice iir the p formation ,,vises public water should be contacted for information proposed development. de' v isewe 57) Water District (Phone.,, � w � , area of this site. The District regarding water supply for your Fire Protect ion: Tualatin galley Fire and Aeecue District (Contact: Gene Birchill, 6,45- 3t$33) provides fire protection services within the City of Tigard. The District should be coxttacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: Page 7 Staff Date CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639-4171. ITEMS TO BE BASIC MATERIALS INCLUDED: A) Application form (1 copy) WI B) Owner's signature/written authorization id C) Title transfer instrument (4 '''. 0) Assessor's map ( il" E) Plot or site plan ( F) Applicant's statement . Le -46)--t14,45,-Q4-oroper4:7.10trem-e-mddrerws-w*thill.460-feet (H) Filing fee ($ ‹UaL.....) ejoA)v .096 .. 1 SPECIFIC MATERIALS tor.zi 0 , 511410p0e4a 1°610 idfrril 401 o-r 4,1"71,( pp oki A) Site informatiotillhaqing (NO. of copies A ) VieleA-710".) KgeZoi"s1--' 1 3 ot, 01,5 1 0 1) Vicinity Map vi 2) Site size & dimensions [Pr 3) Contour lines (2 ft at 0-1O% or 5 ft for grades ) 1O%) 't 3 4) Drainage patterns, courses, and ponds [W. 5) Locations of natural hazard areas including: a) Floodplain areas 1,3 b) Slopes in excess of 25% 1 3 c) Unstable ground / ( 3 d) Areas With high seasonal water table 1 3 e) Areas With severe roil erosion potential (3 0 Areas having severety weak foundation soils 1 3 6) Location of resoUrce areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats (1 b) Wetlands 1 3 /) Other site features! a) Rock outcroppings [fr{ b) Trees with 6" + caliper measured 4 feet from ground level ( P( 9) Location of existing strUctures and their uses (lir 9) Location and type of on and off—site noise sources t 1 10) Location of existing utilities and easements tit9 11) Location of existing dedicated right—of—Ways 0,1 Ste Development Plan showing (Noe of copies C 1) The proposed site and surrounding properti 04,9 2) Contour line intervals 01 3) The location, dimensions and names of all: a) Existing 4 platted streets 4 other public ways and easements on the site and on adjoining it4/ propel-ties At PLXCATION CHECKLIST — Page 1 LEGIBILITY STRIP r4. b) ;nosed streets or other public ° ". "; & easements on the site c) Alternative routes of dead end or proposed streets that require future extension The location and dimension of: a) Entrances and exits on the site b) Parking and circulation areas c) Loading and services areas d) Pedestr,�an and bicycle circulation e) Outdoor common areas, f) Above ground uti • F ) G) H) ,. 3) Locat of terraces., decks, shelters, y areas and common open spaces [ 3 4) Location, type, size and species of existing and /{proposed plant materials. (1 The landscape plan shall include a narrative which addresses: 1) Soil conditions. . t ) 2) Erosion control measures that will be used. t ) jgDraWi Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. ( 3 TraffiSASMErati2121tig919. Preliminar artitim or ot line ad'ustment ma showin (No. of Copies 1) The owner of the subject parcel 2) The owner's authorized agent 3) The map scale, (20,50,100 or 200 feet=1), inch north arrow and date . 4) Description of parcel location and boundaries 5) Location, width and names of streets, easements and other public ways within and adjacent to the parcel 6) Location of all permanent buildings on and within 25 feet of all property lines 7) Location and width of all water courses 0 Location of any trees with 6" or gredter caliper at 4 feet above ground level 9), All slopes greater than 25% 3 10) Location of existing utilities and utility easements [ 1 11) For major land partition which createJs a public street: a) The proposed right-of-way location and width ( 3 E 3 b) A scaled cross-section of the proposed street plus any reserve strip 12) Any applicable deed restrictions 13) EVidence4 that land partition will not preclude efficient future land division where applicable (1 I) Subdivision Preliminattlgstbi(No. of Copies ): 1) Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet ( 3 2) The proposed name of the subdivision . E 3 3) Vicinity map showing property's relationship to arterial and collector streets E 3 4) Names, addresses and telephone numbers of the owner developer, engineer, sOrveyer, designer, as applicable( 1 5) Date of application 1 3 6) Boundary lines of tract to be subdivided t 1 7) Names of adjacent subdivision or names of recorded owners of adjoining parcels of unsubdivided land E 3 8) Contour lines related to a City-established bench- mark at 2-foot intervals for 0-10% grades greater than 10% APPLICATION CHECKLIST - Page 3 .t. . • 3 P489 55 350E 110 420 110.10 429 a 5T 55 S 4 E l.s� /i.; 863.42 57 :: , 4.15 ii °48 :19 X00 8.4- / INITIAL PT. 91r aa' € 5100 5000 4900 4800 4700 460Q -4500 4400 4300 4200 4100 ,�0 4c � 0100 6200 � 6300 � 6400 � 1302 � � -2 I / RE N - 34 _ 32 _ 31 30 ,_ 28 27 26 25 24 23 ' 0 ,4' f4' 39.5 5 571 34.332293 5a ss �'1 ' ' 32:7 ` 75:22 4470 4470 •44 4415 44.80 44.85 44.9 4430 44.E 4490 44:80 457:2 V' . R =:� T5.23 TR. �� � TRACT aC.i PRIVATE STREET $00 ■ 0 8.50 4a 50 x.50 ' a 0 49. 8 27 102. 190. • 1459° 56 It 900 .78 :ate a % y-e �f /L!cj s 7- ct cd, c ‘0,-(c) �.S' CS t w1 / /� c u - ``- -r h, / co Ad j' u,. -7-74o o i 4i,jd ¶-e V j u4ks ci cbnv 4 u -4 a A.) (.4 % 7 d 1 efv s r cta,r Ape t rae,s-r CYO ■ M.s7 .-.p o; ✓ac rc) ce-,A X r } • eat tOrtid3dni IrIDEti 1.7 it13. 1.11. pvtquirtep. as' 66116.tvid.ittut lettpas, italagsat taue!IIPti PAIR irg tri p.)6¢2.trt •g: •iat pitte-itlut 6.611.sni. -wisa.tpra ttitausoin.t *!gt. —rxbeev firfrulta £ii 4t ic P.( Ida" tiertst —taraidr.t. d3iu 0t 101i6i2 Daly an kT00—T6 (ITN OTOO—I6 dila (MVO I Jo 1112 aU CITY OF TIGARD Wawbington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER 1. Concerning Case Number(o): CUP 91-00101W 91-0014 2. Name of Owner: Dean A. Schumacher Name of Applicant: Same 3. Address 13800 SW 110th Avenue City Vaud State OR Zip 22223 __ 4. Address of Property: 13800 SW 110th Avenue Tax Map and Lot No(n).: 2S1 3DD tax lot 1300 5. Requests A request for 0211diti2010221P2MAIA,2Jalow the placement of an exieticluple2E structure on a lot zoned fc.efaafj.xL31witlltj..,.ngibLIIted is Minor Land Partition approval to divide a 0.51 acre arcel into two lots of 1114poo and 11 680 sacm...m,_ttael.7111$NE:l4.-11_5. aggildential 4.5 units acre • The R-4.5Izanng_allega single famil detached residential units ublic support facilities residential treatment homes farmimg4 manufactured homes family day care homeompatjanaL tampasAgyuggA_Andosidential fuel tanks amoncultyle)g_usgz. 6. Action: _____ as requested Approval with conditions Denial 7. Notice: Notice was pUblished in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance 3c The affected Neighborilood Planning Organization Effected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON UNLESS AN APPEAL IS FILED. The adopted findinga of fact, decision, and Statement of condition 0 can be obtained fron the Planning Department, Tigard city Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223, 9, Appeal t Aftyparty to the decision may appeal this decision in accordance with 18.32.290(8) and Section 18.32,370 which provides that a written appeal may be filed within 10 days after notice is given and pent. The appeal may be Submitted on City fonts and must be accompanied by the appeal fee ($315.00) and transcript coats (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. 10. gagatimal If you have any quedtionO, pleaae dal]. the City of Tigard Planning Department, 639-4171. bkm/CUP91-10.8KM STATE OF OREGON County of Washington City of Tigard depose and AFFIDAVIT OF MAILING ) as. say: (Please print) That 1 am a ( 1.5" Q for The City of igard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That X served NOTICE OF DECISION FOR: • being first duly sworn /affirm, on oath City of Tigard Planning Director ____,Tigard Planning Commission Tigard Hearings Officer Tigard City Council A Copy (Public Hearing Notice /Notice of Exhibit "A ") was mailed to each named attached list marked exhibit "B" on the Said notice NOTICE OF DECISION as her -t bulletin board on the day of in the United States Mail on the postage prepaid. Decision) of which is attached (Marked sons at the address shown on the day of &AAAAJl 19 _, tached, was posted on n appropriate 19 ; and depggited day of �A .. . 13 L- , Prepared Notice Posted_EFor Decieion_Only1 • r.. Sub cribec and sworn /affirm to me on the { Person w o delivered to POST OFFICE Sttbicribed and sworn of f irrn to ma on the 9 2.,. bkr i /,AFFiDAV,.'$I(M " 11 4 w M K • +" r 4'r day() NOTARY PUBLIC OF `OREGON U , f My Commission Expires: CD 40 NOT t . Y PU : IC OF OREGON My oimmiaeion Expires: .r ! .vn, ..'t Y NOTI CE OF PUBLIC _ HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, January 27 r 1992, 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- 0010 /MLP 91 -0014 FILE TITLE: Schumacher NPO NO: 3 APPLICANT: Dean A. Schumacher OWNER: Sane 13800 SW 110th Avenue Tigard, OR 97223 REQUEST: CONDITIONAL_ USE CUP 91- 0010 MINOR LAND 'PARTITION MLP 91 -0014 SCHUMACHER A request for Conditional Use approval to allow the placement of an existing duplex structure on a lot zoned for single family dwellings. Also requested is Minor Land Partition approval to divide a 0.51 acre parcel into two lots of 10,000 and 11,680 square feet each APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.130, and 18.162. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 3DD, tax lot 1300) ZONE: R -4.5 (Residential, 4.5 unite /acre). The R -4.5 zoning allows single family detached residential units, public support facilities, residential treatment homes, farmingr manufactured homes, family day carer; home occupations, temporary use, and residential fuel tanks among other uses. Duplexes are allowed as a conditional use. 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. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER RELIEVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLI C HEARING; INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CO 'INUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER J IF THERE I1992, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. EARING MAY REQUEST THAT THE RECORD REMAIN OPEN a HEARING, ANY T SEVEN DAYS AFTER THE HEARING. EN FOR AT LEAS 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 HEARINGS OFFICER WILL BE BASED UPON COMMENTS RELATING TO THE REQUEST �� THESE CRITERIA EST PERTAIN SPECIFICALLY TO THE APPLICABLE � T THAT CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT CRITERIA LISTED .i4: FAILURE TO PAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR. FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA 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 STAFF PLANER Ron Pomeroy_ AT 639- 4171, TIGARD CITY HALL, 13125 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PLANNING ORGANIZATION (NPO) # 3 . CHAIRPERSON: Herman Porter _ _ _, PHONE NUMBER: 639 -0895 ----- ' ''''' iiii--:- '-'_A 'illivr ,, ti—_,Nirc in in aii ._ ,,_,..._._____ ....,_ “„.._,,......., .• '0051141. pt1„440.1, tddi II Li itiliga a Ifil . wi- wr ifs Itailii iii ktr iliiiftLe1111 in IMO 0111611011110111111 fil wilbalrammain IN 1.01111 min Paw= 111111111011 Ili Ili Er. KIE Av m nun ii. sonnor41 NA lit" gm es, �riF1T %JA ,''' 101 NM 1. wry rinall , 1i1h1 MO MOM kiln 1 .I Ma M WMOUN fly.., ( iimm iii a iiiii iil 'will"' am 1,7,„ „Ram fa frAPIIII kir ___ . :41%., Ali cj `, The City of TIGARD CUP 91 -0010 MLP 1 -0014 N Site Area 011141 fill 1 M<iY 1i11iiii� ifllii firjllil ( i f tilt rl iliflf 411111Iij diijlf* jiff tufflf It till fillifii, Iilfi� OfIlii jilililil iiff Off if filiflif li if 4114 411i ifdlUfifl fififitdl a flit fflillllllllif li:f ii I1iffYllif) if l 11Yiliilid) lldfN (alfifd1) T GARD. OR 4.4.1 2S103DC-00600 VAN KLERK, JAMES A LANORE J 13745 SW 110TH TIGARD OR 97223 2S103DD 00425 WITT1OP, LARRY ALAN & CARLA LYNN 10950 SW FAIRHAVEN WAY TIGARD OR 97223 2S103DD,40427 SCHECKLA, KENNETH W B/BIANNE L 10890 SW FAIRHAVEN WAY TIGARD OR 97223 2S103DD-02000 NICOLAISEN, KERI NAN 5320 SW HUMPHREY BLVD PORTLAND OR 97221 2S103011-42200 RYAN, JOHN P AND SANDRA 961 COMMONS DR SACRAMENTO CA 95825 2S103DD,-05200 JESSUP, DONALD A AND SHARLEEN C 731 LA BUENA TIERRA SANTA BARBARA CA 93111 2S103DD-05400 JESSUP, DONALD A SHARLEEN C 731 LA BIM SANTA TIERRA CA 4444.644 93111 2S103DD,-.05600 4404.4,44.444os OTTOMAN, PATRICIA A & NORMAN R AT 3 AU 2600 SHERWOOD OR 97140 261030-05E00 oTToNAN# PATAICI & NORMAN R AT 3 EoE 260D sERAWooD 0A 97140 2S103DD-06000 44" JOHNSON, BENTON 1/HELEN M 10595A SW GARDEN PARK Pra)pE.' jJ IlkonsW UL% 2S103DC-0110,L FIRST BAPTIST CHURCH OF TIGARD, THE 11075 SW GAARDE TIGARD OR 97223 2S103DD-00426 PRINCE, ROBERT L JOYCE it 10920 SW FAIRHAVEN WAY TIGARD OR 97223 2S103DD-01700 RYAN, JOHN P 961 COMMON R SANDFtAj SACRAME CA 95825 28103DD-02100 WILLIAMSON, PAUL J 7422 SW VIRGINIA AVENUE PORTLAND OR 97219 2S103DD0-02600 ......, . DECOURCEY, KEITH R/JUDYRAE 10900 SW GARDEN PARK PLACE TIGARD OR • 97223 2S1030D 05300 LEWIS' nom J 10115 SW CITATION DR BEAVERTON OR 97005 2S103DDe-05500 ROBERTS, RICHARD D AND JACQUELINE J 10495 SW 135TH AVE BEAVERTON OR 97005 28103DD45700 441.44664.164446‘iiiifiii CALLAN, JOSEPH G 10935 SW GARDEN PAPt Pt TIGARD OR 97'423 25103DD-05900 dioiallo•• CAPPS, ROGER A AND JANICE I 3009 SE LAMBERT PORTLAND OR 97202 28103bD-06100 PIEsAEA, MARK A 10582 SW pMU K PL • 21 51CD3DD-062PJ0 ...o..om•..•••�� -.•� YANG, 3OONG —MO 10594 SW GARDEN PARK PLACE TIGARD OR 97223 2SIO3DD -06400 LEAR'Y, DAVID L /KATHLEEN J 10020 SW JOHNSON TIGARD OR 97223 2 S 103DD.45000 ........ . MUT ThUR, T1OMhS E /JOYCE S PELDMAN, PHILIP B 4444 NW YEON PORTLAND OR 97210 2S103DD -06500 ... SMITH, RAND►EL G & JODI K 10627 SW GARDEN PARK PL TIGARD OR 97224 2S103DD -01302 . WINN, DOUGLAS RAND KEMX J 10630 SW GARDEN PARK PLACE TIGARD OR 97223 25103DD --063 • NOV'ICK, NATALIE 3 10608 SW GARDEN PARK PLACE TIGARD OR 97223 2 S 1O3DD-.04900 044 PAINE, DAVID M 415 SW COLONY DR PORTLAND OR 97219 2S1O3DD -05100 • MULFLURc THOMAS ../JOYCE S % FELDMAN, PS P D 4444 NN YE! PORTLAND, '0, R 97210 20.03DD •06600 .... .......... TRAM, GIAO NAOAN T 10635 SW GARDEN PARK PLACE TIGARD OR 97223 SHERWOOD OR 971440 2S1O3Db -05000 JORNSON a IBEN'TON 1/HELEN M 10995A SW GARDEN PARK PLACE TIGARD OR 97223 DEAN SCHUMACHER 13800 SW 110TH AVE TIGARD OR 97223 2S103DD- -051 PIESKER0 MARK A 10582 SW GARDEN PARE PL TIGARD OR 97223 HERMAN PORTER 11875 SW GAARDE ST TIGARD OR 97223 13665 SW 110TH AVE TIGARD OR 97223 13705 SW 110 AVE TIGARD OR 97223 2S103DC..00600 VAN 'MEEK, JAMES A LANORE J 13745 SW 110TH TIGARD OR 97223 28103DC..01100 ........4 .... OM.400*6 FIRST BAPTIST CHURCH OP TIGARD, THE 11075 SW GAARDE TIGARD OR 97223 2S103DD..00425 WITTKOP, LARRY ALAN & CARL LYNN 10950 SW FAXRHAVEN WAY TIGARD OR 97223 28103DD 00426 PRINCE, ROBERT L JOYCE A 10920 SW FAIRHAVEN WAY TIGARD OR 91223 28103DD...00427 . . o . . 4 . 4 .. 0. . 00004006 SCHECKLA, KENNETH W BIBIANNE L 10890 SW FAIRHAVEN WAY TIGARD OR 97223 28103DD.-01700 RYAN, JOHN P AND SANDRA J 961 COMMONS DR SACRAMENTO CA 95825 2S103DD-02000 NICOLAISEN, KERI NAN 5320 SW HUMPHREY BLVD PORTLAND OR 97221 2S10,0D 02100 WILLIAMSON, PAUL J 7422 SW VIRGINIA AVENUE PORTLAND OR 97219 ' 4 2S103DD-42200 RYAN, JOHN P AND SANDRA J 961 COMMONS DR SACRAMENTO CA 95825 440 • 28103DD-02600 446 0046444014 DECOURCEY, KEITH R/JUDYRAE 10900 SW GARDEN PARK PLACE TIGARD OR 97223 20103DD-.05200 00444 JESSUP, DONALD A AND SHARLEEN C 731 LA BUENA TIERRA SANTA BARBARA CA 93111 25103DD 05300 LEWIS, EDWARD J 10115 SW CITATION DR BEAVERTON OR 97005 251030D,-.05400 4 JESSUP, DONALD A AND SHARLEEN 0 731 LA BUENA TIERRA SANTA BAkBARA OA 93111 2S103b0.45500 .4••44 ROBERTS, RICHARD D AND JACQUELINE J 10495 SW 135TH AVE BEAVERTON OR 97005 28/03bb*05600 444404444644444084 OTTOMAN, PATRICIA A & NORMAN R RT 3 BOX 260b SHERWOOD OR 91140 28103B0-05700 •00040000444008400064 CALLAN, JOSEPH 0 10935 SW GARDEN PARK PL TIGARD OR 97223 2S103Db.,05800 444'400' OTTOMAN PATRIC/A A & NORMAN R RT 3 BOX 260D SH3RWOOD OR 97140 2S103DD 05900 •••••••40•0•0• CAPPS, ROGER A AND JANICE 3009 SE LAMBERT PORTLAND OR 97202 2S103DD-06000 •0••004•••• JOHNSON, BENTON I/HELEN M 10995A SW GARD EN PARK PLACE 2S103D046100 444044444444641444444 PIESKEA, MARK A 10582 SW GARDEN PARE Pt 2S103DD-06200 ••ew••••s••n•• YANG, JOONG44O 10594 SW GARDEN PARK PLACE TIGARD OR 97223 28103DD -0630 NOVICK, NATALIE J 10608 SW GARDEN PARK PLACE TIGARD OR 97223 2S103DD-06400 LEARY, DAVID L /KATHLEEN J 10020 8W JOHNSON TIGARD OR 97223 2S103DD -04900 PAINE, DAVID M 415 SW COLONY DR PORTLAND OR 97219 2S103DD -05000 MULFLCJR, THOMAS E /JOYCE 8 % FELDMAN, PHILIP II 4444 NW YEON PORTLAND OR 97210 2R103DD- X05100 MULFLUR, THOMAS E /JOYCE S % FELDMAN, PHILIP D 4444 NW 'MON PORTUIND OR 97210 28103DD-06500 SMITH, RANDEL G St JODI IC 10627 SW GARDEN PARK PL TIGARD OR 97224 28103DE - -01302 WINN, DOUGLAS R AND HEM J 10630 SW GARDEN PARK PLACE TIGARD OR 97223 2S103DD -06600 ee•eeor•e•e•••••••••• TRAN, GIRO N /HORN T 10635 SW GARDEN PARK PLACE TIGARD OR 97223 { w e Y•••• e 0 e RT 3 BOX 260D SHERWOOD OR 97140 3009 SE LAMB PORTLAND OR 97202 2S103DD-06000 ••••••••••••••••••••• JOHNSON, BENTON I/ LEN Ind 10995A SW GLEN PARR PLACE TIGARD OR 97223 28103DD -06100 ...•.••••••••• PXESTIER, MARK A 10582 SW GARDEN Pty PL TIGARD OR 97223 [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] AlUdj TO: ;j1SIMPFAIMEMECOMIensillemsw REQUEST FOR COMMENTS DATE: December 19 1991 •emaamagrasomosnwrmracommormwomm FROM: Tigard Planning Department RE: CONDIT/ONAL USE CUP 91,-0010 M/NOLIMML_EMITIOL_ MLP 91-0014 SCHUMACHER (NPO #3) A request for Conditional Use apyroval to allow the placement of an existing duplex structure on a lot zoned for single family dwellings. Also requested is Minor Land Partition approval to divide a 0.51 acre parcel intJ two lots of 10,000 and 11 680 square feet each ZONE: R-4.5 (Residential, 4.5 unite/acre). The R-4.5 zoning allows single family detached residential units: public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, and residential fuel tanks among other uses. LOCATION: 13800 SW 110th Avenue (WCTM 281 3DD, tax lot 1300) APPLICABLE REVIEW CRITERIA: Community Development Code Section a 18.50, 18.130, and 18.162. Attached to 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 otaff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wiela to comment on this application, we need your comments by Dec. 30, 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 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, 01897223. PHONE: 639-4171. STAFF COWACT: Ron PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Pleaae contact of our office. Please refer to the enclosed letter. Written Comments: arrunramor, Name Of Verson commefttthigt phone Number: CITY DEPARTMENTS Building In pector/Brad R. Cjby Recorder ngincering/Gary A. Permits Coordinator/Viola G. snamp DISTRICTS V Fire Diletrict (plek-up box bldg.) Tigard Water District 8777 SW Burnham St, Tigard, OR 97223 - Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 AFFECTED JURISDICTIONS Wash. Co. Land Use & 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin Joann Rice Scott King Fred Eberle Mike Borreson 44.644-- School Dist. No. 48 (Beavr) Joy Pahl PO Box 200 _„„lattiverton, OR 97075 School District 23J (Tig) 13137 SW Pacific Hwy. Tigard, OR 97223 BoutAdary Commission 320 SW Stark Room 530 Portland, OR 97204 METRO 2000 SW 1st Ave. Portland, OR 97201..5398 Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 State Highway Division tee.G0ndereson PO Box 565 Beaverton, OR 97075 5. SPECIAL AGENCIES eneral Telephone Mike Lutz 12460 SW Main St. Beaverton, OR 97001 /NW Natural ca0 Don ThoMad 220 NW Sedond Ave. Portland, OR )7209 4.---lortland General Electric Brian Moore 14655 SW Old Scholia Perry Beaverton, OR 97007 1/ Metro Area Commdnications Harlan Cook Twinbaks Technology Center 1815 NW 169th Place S-6020 Beaverton, OR 91006-4886 US West Pete Nelson el SW Oak 5t, Portland, OR 97,204 TOI Cahlevision of Oregon, Xnci, Miko Haliock 3500 SW Bond Portland, OR 97201 [Page Too Large for OCR Processing]