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LLA2013-00004 LLA2O13 -. 00004 KURISU - SUMME RF IELD LINE ADJUSTMENT NOTICE OF TYPE I DECISION IN II LOT LINE ADJUSTMENT (LLA) 2013-00004 KURISU/SUMMERFIELD LOT LINE ADJUSTMENT T t GA RD 120 DAYS = 01-28-2014 SECTION I. APPLICATION SUMMARY FILE NAME: KURISU/SUMMERFIELD LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(LLA) LLA2013-00004 PROPOSAL: The applicant is proposing a lot line adjustment affecting Lot 142 in the Summerfield No. 3 subdivision, 15695 SW Old Orchard Place, and the Summerfield Golf Course, 10650 SW Summerfield Drive. The adjustment would increase tax lot 04000 from 5,032 sq. ft.to 6,614 sq. ft. and reduce tax lot 06600 from 176,853 sq. ft to 175,271 sq. ft. The lot line adjustment would correct the encroachment of the existing house,which was built across the property line, onto the golf course. APPLICANT: Bill McMonagle 12555 SW Hall Boulevard Tigard, OR 97223 OWNERS OF Hoichi&Judy Kurisu OWNERS OF Summerfield Civic Assoc. PARCEL 1: POB 23623 PARCEL 2: Rod Sacconaghi Portland, OR 97281 10650 SW Summerfield Dr. Tigard, OR 97224 LOCATIONS: PARCEL 1: 15695 SW Old Orchard Place;WCTM 2S110DD,Tax Lot 04000 PARCEL 2: 10650 SW Summerfield Drive;WCTM 2S110DD,Tax Lot 06600 ZONING DESIGNATIONS: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.410.040. LLA2013-00004 Kurisu/Summerfield Lot Line Adjustment 1 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITION OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED The applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City within fifteen days of recording to be incorporated into the record. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcels are located within the Summerfield subdivision, on the northwest corner of the intersection of SW Summerfield Drive and SW Old Orchard Place. The lots are developed with a single family home and the Summerfield Golf Course. The applicant wishes to adjust the lot lines to correct an encroachment of the existing house onto the golf course. Proposal Description: The applicant is proposing a lot line adjustment affecting Lot 142 in the Summerfield No. 3 subdivision, 15695 SW Old Orchard Place, and the Summerfield Golf Course, 10650 SW Summerfield Drive. The adjustment would increase tax lot 04000 from 5,032 sq. ft.to 6,614 sq. ft. and reduce tax lot 06600 from 176,853 sq. ft to 175,271 sq. ft. The lot line adjustment would correct the encroachment of the existing house,which was built across the property line, onto the golf course. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the following criteria for approval of a Lot Line Adjustment request: Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; the two lots comply with the minimum lot area requirements for the R-7 zone, a minimum lot size of 5,000 square feet. This criterion is met. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; Based on the plans submitted, the lot line adjustment does not create any violations of the site development or zoning regulations. It brings a nonconforming situation into compliance. This criterion LLA2013-00004 Kurisu/Summerfield Lot Line Adjustment 2 is met. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: ♦ The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; ♦ The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; ♦ 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; and ♦ Setbacks shall be as required by the applicable zoning district. Both lots will satisfy the minimum lot width for the R-7 zone, conform to setbacks requirements, and front a public right-of-way. The lot line adjustment does not create a flag lot. This criterion is satisfied. With regard to flag lots: ♦ When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. ♦ A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed lot line adjustment does not create a flag lot.This criterion does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. There is no new access associated with this lot line adjustment. Fire hydrants are already in place. This criterion is satisfied. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. A common driveway is not proposed with this lot line adjustment. This criterion does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access complies with TDC18.705 and is currently in place.This criterion is met. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain,greenway, or right-of-way dedication is required. Floodplain,greenway, and right-of-way dedication is not required as part of this application. This criterion does not apply. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. There are no applications for variance. This criterion does not apply. LLA2013-00004 Kurisu/Summerfield Lot Line Adjustment 3 FINDING: Based on the analysis above, staff finds that the Lot Line Adjustment criteria have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON OCTOBER 7, 2013 AND BECOMES EFFECTIVE ON OCTOBER 8, 2013. Questions: If you have any questions, please call the staff person below or mail inquiries to Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon, 97223. .kytP.6 "YM rt1- October 7. 2013 APPROVED BY: (Agnes Kowacz DATE Associate Planner 503-718-2427 agnesk @tigard-or.gov LLA2013-00004 Kurisu/Summerfield Lot Line Adjustment 4 " City of Tigard TIGARD Lot Line Adjustment — Type I Application GENERAL INFORMATION PARCEL I ! r Property Address/Location(s): )5 9 „CA;QLe) elec=f444 Tax Map&Tax Lot#(s):2.5-I-/4120 TA +10100 FOR STAFF USE ONLY Site Size:,eO7— Case No.(s): WPc 7013 - 0`t" Property O/w_ner/Deed Holder(s)*: (Attach list if more than one) Other Case"No.(s): Address: /CN/ /r�/2/ a)V 6lQ y �1/,e/.5eZ Fee: lY 5 l •00 City/State: P_4 e. 236.23 go/2r Zip: 9728/ Receipt No.: VI 3 I LQ3 Primary Contact \Ala /5 4 W/'ff/ Application Accepted By: f\ll• (iYivSS Phone: ,c03 7o8 ge08 Fax: Date: 9(I C 1 IJ' PARCEL 2 , P I o f J 13 Property Address/Location(s): 70 6 9) SW,52).0.#,e.44-.6../.61 Date Determined Complete: ff d/Z/vg._ Rev.6/24/2013 I:\CURPLN\Masters\Lund Use Applications\Lot Line Adjustment Tax Map&Tax Lot#(s): 25/-/0 029 7-4 66Dd App.dOc CDr>fLSte Site Size: y,c26 /9 ,06.1 Property Owner/Deed Holder(s)*: (Attach list if more than one) Address:3l.,101,.�/C2E/4:2 C/ //G ,4-5A) City/State:77li✓yl� O/li Zip: 972Zy REQUIRED SUBMITTAL ELEMENTS Primary Contact: (Note: applications will not be accepted Phone:.$ 3- 6 Zo-/ZOO Fax: without the required submittal elements) Applicant*/4Tatj 5////1'7£/YloA .9GGE ,,___,,,,/ff Address:/2S✓`SG5.4 /.A//eL✓� �Application Form City/State: 77G/Qi��/ o2 Zip:97ZZ 3 Owner's Signature/Written Authorization Primary Contact: Er Title Transfer Instrument or Deed Phone 3—G 39•-3 95 3 Fax So3 6 /23 a Er Preliminary Map(2 copies) E-Mail:e<!/ y/y�G cej Er"Site/Plot Plan(2 copies) lEr Site/Plot Plan(reduced WA"x 11") *When the owner and the applicant are different people,the applicant must be Applicant's Statement(2 copies) the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this (Address Criteria in TDC 18.410.040) application in the space provided on the back of this form or submit a written Filing Fee authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust U 774 y00d parcels of So 3 a SF-and X679 517. (number) (acreage or square footage) into TA 66420 parcels of 4"06 /94 and Y r D IBC. (number) (acreage or square footage) City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2 I List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: �/ / r APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • 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. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. Applicant's Signature Print Name/Title Date Authorized Agent's Signature Print Name/Title Date SIGNATURES of each owner of the subject property are required JUDY K-U �JSU 9 • 14• 15 la"--er' Si ture Print Name Date i� / HOICHI le—ti KK.ISU 9 . IA- • 13 Owner'.kign.tore Print Name Date ► lam.%. Ob Coik.l K' 9 /G 1 5 Owner s Signature r Print Name Sa/sfAf.EeF/"-ZO C/a/G Date /7$6,04 Owner's Signature Print Name Date City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 2 of 2 illill CITY OF TIGARD RECEIPT 1 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 193163 - 09/19/2013 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID LLA2013-00004 Lot Line Adjustment-LRP 100-0000-43117 $84.00 LLA2013-00004 Lot Line Adjustment 100-0000-43116 $567.00 Total: $651.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 10048 BTAGGART 09/19/2013 $651.00 Payor: Hoichi Kurisu Total Payments: $651.00 Balance Due: $0.00 Page 1 of 1 111 . M TIGARD City of Tigard September 30, 2013 Bill McMonagle 12555 SW Hall Boulevard Tigard, OR 97223 RE: Lot Line Adjustment Completeness Review File Number LLA2013-00004 Dear Mr. McMonagle: The City of Tigard has received your application for Lot Line Adjustment LLA2013-00004. Staff has completed a preliminary review of the submittal materials and has determined that your application was complete as of September 30`h for the purpose of beginning the 120-day review period for a final decision. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. Should you have any questions with regard to these items, please contact me at 503-718-2427 or agncsk(a,tigard-or.gov. Sincerely, Ald litg 46W Agnes Kowacz Associate Planner Cc: File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov H M C Harris -McMonagle Since Associates Inc. Engineering —Surveying—Planning 12555 SW Hall Boulevard, Tigard, Oregon 97223-6226 Tel. (503)639-3453-Fax(503) 639-1232-www.h-mc.com September 19, 2013 City of Tigard 13125 SW Hall Blvd. Tigard, Or 97223 RE: NARRATIVE FOR A LOT LINE ADJUSTMENT BETWEEN LOT 142 SUMMERFIELD No. 3 AND THE SUMMERFIELD GOLF COURSE Per TDC 18.410.040 TAX MAP 2S-1-10 DD TAX LOTS 4000 (LOT 142) AND 6600 GOLF COURSE. SITE ADDRESS: 10650 SW SUMMERFIELD DRIVE In the 1970s the house that is currently on Lot 142 in Summerfield No. 3 was constructed abutting the Summerfield Golf Course. This home as designed did not fit within the boundaries of Lot 142 as can be seen on the attached site plan. It is assumed that at the time the home was built that the intent was to process a property line adjustment at that time between the Lot line of Lot142 and the Golf Course, but according to the title information this was not completed. This encroachment of the home onto the Golf Course property was discovered in September of 2013 during a land survey to replace the Lot 142 property corners. This encroachment condition has existed for about 40 years. The use of the portion of the Golf Course has been landscaped and occupied by the various owners of this home during this time and there has not been a re-survey of the property until now, so the encroachment condition was discovered until now. The Summerfield Civic Association was contacted and made aware of the encroachment condition and they have agreed to allow a property line adjustment and have signed the Lot line Adjustment form to acknowledge their agreement. The Lot line adjustment will increase the size of Lot 142 and reduce the size of the Golf Course tract. All areas before and after are shown on the attached map and none of the affected properties fall below the minimum required zoning areas. A legal description is included with this application to define the boundaries of the proposed Lot line adjustment between Lot 142 and the Golf Course property. Once the City of Tigard approval is received a deed will be prepared by First American Title Company, signed by the Civic Association and recorded in the Washington County deed records. A survey will also be prepared, the lot corners set and the corners for the adjusted area set and filed with the Washington County Survey Department. Copies of the recorded deed and the filed survey will be supplied to the City of Tigard for your records. Since ' �Iliam L. McMon , President /Harris-McMon a associates, Inc. H M C Harris -McMonagle inc Associates, Inc. Engineering —Surveying—Planning 12555 SW Hall Boulevard, Tigard, Oregon 97223-6226 Tel. (503)639-3453-Fax(503)639-1232 -www.h-mc.com September 19, 2013 LEGAL DESCRIPTION FOR A PROPERTY LINE ADJUSTMENT BETWEEN LOT 142, SUMMERFIELD NO. 3 AND TAX LOT 6600 OF THE SUMMERFIELD CIVIC ASSOCIATION GOLF COURSE. THE FOLLOWING DESCRIBED TRACT OF LAND BEING A PORTION OF LOTS 2 AND 3 OF THE DULY RECORDED PLAT OF `WILLOW— BROOK — FARM, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD. WASHINGTON COUNTY, OREGON. BEGINNING AT THE NORTHWEST CORNER OF LOT 142 OF THE DULY RECORDED PLAT OF "SUMMERFIELD NO. 3" , THENCE ALONG THE WEST LINE OF SAID LOT 142, S 00 30'00" E 90.86 FEET TO THE SOUTHWEST CORNER OF LOT 142; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF SW SUMMERFIELD DRIVE, S 89°30'00" W 34.82 FEET; THENCE N 20 28'08" E 97.30 FEET TO THE POINT OF BEGINNING. CONTAINING 1,582 SQUARE FEET. 1 , 2 1 3 i 4 I 3 , 6 HELD FOR UNE INITIAL POINT(P-1) 2" GIP WITH n 5/8" IRF INSIDE 5/8' IRF (P-1) `�ad? I& ,OF '(NO 9'0 IP \'° i SUMMERFIELD GOLF COURSE 't, �) \p(vg' A PORTION OF LOT 2 5/8" IRF (P-1) / VON HELD FOR AND POSITIONS C A6 a WILLOW-BROOK-FARM 5/8 IRF(P-1) v,if?,� �'° , LP- E t�`P�11 L6.2' �.°�,� ``O ��j / `mss T/L 6600 g3.9S NO' �`` ORIGINAL AREA=4.06 ACRES REFERENCE CORNER �°1 OC�/ - =176,853.6 SF IRF ON UNE (P-1) 5.10' (5.00' P-1) 0\5) ADJUSTED AREA=4.02 ACRES n `�,, =175.271.60 SF GRASS OF v ,�,J�t 'Sr,, 04,4000 \O S 14. �t //4,� T�L 4000��?� --• ADJUSTED a LOT ORIGINAL 0` B PROPERTY / ORIGINAL AREA PROPERTY LINE .,' °5,032 SF ADJUSTMENT ADJUSTED AREA x6,614.0 SF AREA 1582 SF. - / N • 73.55' -1 PGE VAULT 5/8" IRF LINE TO BE INSIDE A 1" IP O ADJUSTED NO RECORD r7 ON R/W 0.30' EAST _ - - - 1 I I I I I I 1 I I 1 — — — 0 40 80 S.W. SUMMERFIELD DRIVE M SCALE: 1"=40' A "MUM �"°"'°""'°' ��WU, HNC Harris McMonag/e 2'tWIODDO4000 AS F ST. Associates,Inc Hs ,10 WI.Mc _ 1j 25555),Me LOT LINE ADJUSTMENT ' ' 1 .. T (503)639403 Per(503)639-1232 EXHIBIT nr, eacerece /Oft MIT S-1113