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ARU2015-00002 NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNIT (ARU) 2015-00002s CERBONE ACCESSORY RESIDENTIAL UNIT 120 DAYS = August 28,2015 SECTION I. APPLICATION SUMMARY FILE NAME: CERBONE ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2015-00002 PROPOSAL: The applicant proposes to create an 800-square-foot accessory residential unit within an existing, detached single family residence. Off-street parking will be provided for both the original residence and the accessory residential unit. APPLICANT: Robert Cerbone 13611 SW Tracy Place Tigard,OR 97223 OWNER: Robert Cerbone Revocable Living Trust 13611 SW Tracy Place Tigard,OR 97223 LOCATION: 13611 SW Tracy Place;WCTM 2S104CD,Tax Lot 10200 COMPREHENSIVE PLAN DESIGNATION: R-7:Medium-Density Residential. ZONING DESIGNATION: 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 18.710.020 SECTION H. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section 1V. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. _NRU2015-00002 CERBONE.NCCE.SSORN'RF.SIDENTI_NL UNIT Page 1 of 3 SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is part of the Hillshire Estates No. 2 Subdivision. The site is currently occupied by a detached single family home, with a three-car garage and paved driveway. The home measures approximately 3,291 square feet in size, according to Tashington County Department of Assessment and Taxation's records. The site is zoned R-7: Medium Density Residential, as are surrounding properties. Proposal Description: The applicant proposes to create an 800-square-foot accessory residential unit within an existing, detached single family residence. Off-street parking will be provided for both the original residence and the accessory residential unit. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards A. Location.As noted in the use tables (18.510.1 and 18.520.1), accessory residential units are permitted as limited uses in all zones where detached, single-family dwelling units are permitted. The site is located within the R-7 zone,where detached single family dwellings are petrnitted. Therefore,an accessory residential unit is permitted on this property.This standard is met. B. Limitations. An accessory residential unit is permitted providing there is compliance with all of the following standards: 1.An accessory residential unit may be created within or as an addition to a detached single family dwelling. For the purposes of this chapter, "addition"means the sharing of a common wall with the primary residence.A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the primary structure; The accessory residential unit will be created within the basement of the existing,detached single family dwelling. This standard is met. 2.An accessory residential unit may not exceed 50%of the size of the primary unit, up to a maximum of 800 square feet; The existing primary unit is approximately 3,291 square feet,and the proposed accessory residential unit is 800 square feet. The unit is less than 50% of the size of the primary unit,and meets the maximum of 800 square feet. This standard is met. 3.The number of residents permitted to inhabit the accessory residential unit is regulated by the State Building Code; The applicant proposes one permanent resident in the accessory residential unit. This standard is met. 4. Either the primary or accessory residential unit must be owner-occupied; The applicant owns and presently occupies the primary residence,and will continue to do so. This standard is met. ARU2015-00002 CERBONE_ACCESSORY RESIDENTL L UNIT Page 2 of 3 5.A primary residence in which an accessory residential unit has been created may have only one home occupation; City records for this property show no current home occupation permits on file.This standard is met. 6. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit.This parking space shall be paved and/or covered; The minimum required off-street parking for the primary residence is one parking space. The accessory residential unit is also required to have one parking space. There is a currently a three-car garage and paved driveway on the property,which will provide adequate parking for both the primary and accessory residential units. This standard is met. 7. The front door of the accessory residential unit shall not be located on the front facade of the primary unit unless the door is already existing; The front door of the accessory residential unit is proposed on the east facade,while the front door of the primary residential unit is on the south facade. This standard is met. 8.There shall be compliance with all development standards established in the base zone. Staff reviewed the applicant's submitted siteplan to determine that both the primary and accessory residential units meet all the development standards for the R-7 zone. This standard is met. FINDING: Staff finds the proposed accessory residential unit meets all applicable standards of the City of Tigard Community Development Code. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: An Accessory Residential Unit 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 APRIL 30, 2015: AND BECOMES EFFECTIVE ON MAY 1, 20 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS tigard-or.gov. ^� April 30,2015 APPROVED BY: Lina Smith Assistant Planner ARU2015-00002 CERBONE ACCESSORY RES IDENTIA I.UNIT Page 3 of 3 APPLICANT MATERIALS RECEIVED City of Tigard APR 2 8 2015 COMMUNITY DEVELOPMENT DEPARTMENT ITY 0 :fIGARD Accessory Residential Unit — TypeP PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: REQUIRED SUBMITTAL Primary unit area: 3291 square feet ELEMENTS Accessory Residential unit area: Mu square feet ® Owner's Signature/Written ' An accessory residential unit may not exceed 50 percent of the size of the ,/�/Authorization primary unit,up to a maximum of 800 square feet. ® Tide Transfer Instrument or Deed Accessory Unit will be: 0 Within primary An addition ' `Site/Plot Plan(2 copies) Site/Plot Plan(reduced 8'/2"a l l'� Owner will occupy: Q Primary unit Q Accessory unit Narrative(2 copies)address criteria Total number of off-street parking spaces(thin.one For each unit): b in 18.710.020 Application Fee Property address/location: 13611 SW Tracy Place. Tiqard, OR 97223-5659 Tax map and tax lot#: 2S14CD-10200 �MaO/S Case No.(s): 00= Comprehensive plan/zone designation: Hilishire Estates No. 2 Related Case No.(s): Site size: 14,374.8 square feet Application Fee: Application Accepted-. u APPLICANT: By:�S Date: Name: Robert Cerbone Application Determined Complete: Address: 13611 SW Tracy Place B� Date` City/state: Tiqard, OR Zip: 97223-5659 e\cva-tX\M ted\t.dtxeAppftatloes P�.utnsnnts Phone:503-590-9300 Email:bob@cerbone.net PROPERTY OWNER/DEED HOLDER(S)• ❑Same as Applicant Name: Cerbone, Robert Revocable Livinq Trust Address: 13611 SW Tracy Place City/state: Tiqard. OR Gip: 97223-5659 Phone: 503-590-9300 Email: bob@cerbone.net When the owner and the applicant are different people,the applicant must be the purchaser of record ora lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.dgard-or.gov • 503-718-2421 Page I of 2 THE APPLICANTS)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the suhiect 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. SIGN TURES of applicant and each owner of the subject property required. Robert Cerbone 04/23/15 Applicant's signature Print name Date Robert Cerbone, TTEE 04/23/15 Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION Cityof Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigud-or.gov • 503-718-2421 • Page 2 of 2 RECEIVED p APR 2 8 2015 BARGAIN AND SALE DEED - STATUTORY FORM S�TI( ARD0 Deborah Cerbone, Grantor, Cou�r } �s'hIfngtonC'IN�ERI conveys to Robert Cerbone, Grantee, the following real I.Jerry n r of Assess- property located at 13611 SW ment and n o County Clerk for Certify that Tracy Place, Tigard, Oregon thewit ''I Leceived 97223 , and situated in the and re 7 0�@l>?of said county ^= ' county of Washington, and more particularly described as follows : Irector of Lot 101, HILLSHIRE ESTATES, s axation,Ex- No. 2, City of Tigard, County Clerk of Washington, State of Doc 99114507 Oregon. Rect: 241452 31.00 10/07/1999 12:29:56pm The true and actual consideration for this conveyance is the terms and conditions of the Judgment of Dissolution of Marriage filed in Washington County, Oregon, Circuit Court Case No. C98 3121DR. -712 7Deborah Cerbone, Grant r ate THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. e1(QS STATE OF , County of l✓Ct1/l )ss. 1999. Personally appeared the above-named DebqTh Cerboneac owledged the foregoing instrument to be her voluntary act and deed. &ACW �. f �- , MV C0 r'tsfow me: • h0larOh IIL 2X9k NOTARY f 6LIC FOR OK-&-M 'fie IQs BON[f SY 11p7ARYOr BARGAIN AND SALE DEED MAL W_ Grantor's name and address AFTER RECORDING RETURN TO: Deborah Cerbone Robert Cerbone 3310 Far View Drive 13611 SW Tracy Place Austin, Texas 78730 Tigard, OR 97223 Grantee's name and address UNTIL A CHANGE IS REQUESTED, Robert Cerbone ALL TAX STATEMENTS SHALL BE 13611 SW Tracy Place SENT TO: Tigard, OR 97223 Robert Cerbone 13611 SW Tracy Place Tigard, OR 97223 1 - BARGAIN AND SALE DEED RSA\5479jiw.dd �o a STATE OF OREGON County of Washington SS OREGON TITLE I Insurance Com O Jerry Hanson,Director of Assess- Pa Y - rentt and Taxation and Ex-Officio County Clerk for said county,do hereby certify that the within instrument of writing Was received and recorded in took of records of said !� county. ` After Recording, Return to: Robert & Deborah Cerbone 13611 SW Tracy Place Tigard, Oregon 97223 Jerry R. Hanson, Director of Assessment and Taxation,Ex- Until aCounty Clerk �� � tax ���� Doc 95059981 shall be sent to the following address: Rect: 149635 438.00 Z Same as above 08/25/1995 02:35:OBPM w H STATURM WRRRAN TY DEED p (Corporation) . w (Abovecc I�esen�d-fa¢ v ' E D 0 Sierra Pacific Development, Inc., ant. t Oregon oorparatian Ooaveys ane warrants to APR 2 8 2015 Robert Cerbone and Deborah Cerbone , husband and wife the following desrsibed real property in the State of Oregon and County �Y OF TIGARD mbrano free of axxes, wept as specifically set forth herein: PLANNING/ENGINEERING Lot 101, according to the duly filed plat of HILLSHIRE ESTATES NO. 2, in the City Of Tigard, filed June 23, 1994, in Plat Hook 91, Pages 19, 20, 21 and 22, Reoords of the Carty of Washington and State of Oregon, WASHiNOTON COUNTY _; • REAL PROPERTY TFrbN:F ,9 TA Tax Account Number(s): R2041041 This property is free of ersamtrances, fir: 1. The subject property lies within the boundaries of the Unified Sewerage Agency and is subject to the levies arra assessments thereof. (Continued) The true oon>,sideraticn for this conveyance is !M9,745.00 THIS INS BUM0ENf WILL NOT ALLOW USE OF THE PROPERTY DFS(DIBED IN THIS INSTRT� IN VIOLA- TI(ki OF APPLICABLE LAAID USE LAWS AND REGULATIOi!S. BEFORE SIGNIM OR ACXIUM G THIS �- MENT' THE PERSON A0XIR= FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PI-ANNIIVO DEPARTMENT TO VERIFY APPROVED USES AND TO DLrERl aiE ANY LDUTS ON LAW- SUITS AGADW FARKDG OR FQREST PRACTICES AS DEFINED IN QRS 30.930. DATED this 2"fd day of August, 1995, pursuant to a duly approved resolution of the board of directors of the below nutted corporation. Sierra Pacific Development, Inc. By: Edt•:ard F. Fyn ^�" President STATE OF ClRE GON, COUNTY OF Cl ckamaas)ss. The foregoing instrument was ad-Owledged before me this 21/ day Of July, 1995, by Edward F. Freeman, as President, of Sierra Pacific DevelCCXl t, Inc., an Oregon corporation, on behalf of the corporation. Public for My COnud8eion Expires: }�..�6 OFFICIAL SEAL GREGORY B. BRAY NOTARY PUBLIC-OREGON COMMISSION NO.A012M Order NO.: 862421w MISSION EXPIRES JAN.2,1998 STATUMRY WARRANTY DE® (Continued) ENCLMIRANCES (Continued) Order No.: 862421w 2. Conditions, restrictions and/or setbacks as disclosed by the recorded plat of HILLSIURE ESTATES NO. 2, Recorded : June 23, 1994 in Plat Bods 91 Pages 19-22 3a. Public utility easement as dedicated or delineated on the recorded plat. Affects : All lot and tract lines abutting public streets and along the rear lot lines of Lots 101-111, inclusive, 8 feet in width 3b. Public sanitary sewer easement as dedicated or delineated on the recorded plat. Affects : Southeasterly 10 feet 3. An dent created or disclosed by instrument, including the terms and provisions thereof, Recorded : June 23, 1994 as Recorder's Fee No. 94060474 In favor of : City of Tigard For . Sanitary sewer and storm drainage 4. Taxes for the fiscal year 1995-96, a lien in an amount yet to be determined, but not yet payable. RECEIVED - ASR 2.8 2015 CITY OF TIGARD - ' PLANNINGIENGINEERING ..Y 11 .. ��\ O'�J Rte• CITY OF TI•GARD AtApproved b Pla ning Date: Z,3vpy y Initials: LS tt _ J11•I �C01 .�, Y4�TI MO# _. - ��� �' A 1• �..: I `�r�1•� � \K.1� `b -.. �'�-M_. qj ..I. w'.Z� Y1•N Wil WiV 111 _ �.. �••� •__.M .1N V COQ � �\ 41R•O'.Wlnr:1[ �.��_+. � ^• � � � Y'R_C4•N YC•`e•..:at'n .wOY WJw MA•Of414 •.. ..w/ I __ 1. '/ `� �vT'Ibm�_..Y.iLW'�?• VA .�w��- �J. YT'i CGJYi•Cv .. ' �1� �YRIf\f ��'I•G�, � ,•....�� big�r' -V n_e•N oto M, �`�y ri w 1 ��' � y1 •.��_1 � �T�. �sa�6��St�3TE��. ` �1.. � .,.�� .,`��•� J � ne __...____. .s._.er.s7���!ae�.�..�eal.�ssrr'x_._-._x ��ew..w _.1.•In nom_ ' I i '� SITE PLAN 'was:.-ice-------------•--- ■. Disclaimer: This document, and the ideas and designs incorporated herein a the property of sed, in whole LC. or RECEIVEV:j,� and shall not ri used, m whole ll InCITY OF TIGARD Par without written permission. all written dimensions shall have prated— Z °D once over scaled dimensions. ALL CON— O¢w TRACTORS, SUBCONTRACTORS, SUPPLIERS Approved b Nanning Q' ° APR 2 8 2 15 `, AND THIER REPRESENTATIVES SHALL BE RESPONSIBLE TO VERIFY DIMENSIONS ANDw CONDITIONS AT THE JOB SITE. ANY VARI— I w Z<W ATION FROM DIMENSIONS OR CONDITIONS Date: > REPRESENTED IN THIS DOCUMENT SHALL O 0 ql a 4 _ BE IMMEDIATELY REPORTED TO CITY OF TI = =a nn n MW LLC Initials: L--� PLANNING/ENGI ER. `N 0.. I'll,X91T, 7rs�+ pp Ox had 5%b PC5b n n n n ' vri , ���, � �-C7050NG WRlS gun u�rnn nJ� ®-raw WKl6 COM. DaMEW G O 105/0X/5 KL LZ I�_OrOSEV DleMENiftpLy':i:. �j CSAWfWNA7W eGe fiwa CS 96zlo O CQ Igo t2.e , w z Gi 6AIW.xM 1 ii N w LLJ l� Q yy 11 y.,ll N C7 Q W 3 O W Z U U Q O FILE: XAVEN.CEXW4 JOB ��:26-15,}17-15 A715;11515 4-19* SCALE: 511 mom 5CAL F - I / (5 - � � C DRAWN: SMNaa SHEET �: (Ze c hapter 18.71fl CITY OF TIGARD t 1 '�+„ 1 �CES R RESIDENTIAL UNITS Approved b Planning Sections: Date: 18.710.010 Purpose Initials: LS' 18.710.020 Standards 18.710.030 Approval 18.710.010 Purpose A. This chapter provides clear and objective standards for the establishment of accessory residential units in detached single-family residences to achieve the following: 1. Increase energy efficiency in large and/or older homes; 2. Increase the number of affordable housing units; 3. Increase residential densities with minimal impact on the quality or character of existing neighborhoods; 4. Allow small households to retain large houses as residences; D6 . 5. Permit young households to achieve home ownership;Provide needed space for elderly family members, teenagers and/or returning adult children. C t S 15 '�k_L'( �,st cam- prCipuseel- A 12-1�� 18.710.020 Standards A. Location.As noted in the use tables(18.510.1 and 18.520.1), accessory residential units are permitted as limited uses in all zones where detached,single-family dwelling units are permitted. 1 S ..� H B. Limitations. An accessory residential unit is permitted providing there is compliance with all of the following standards: 1. An accessory residential unit may be created within or as an addition to a detached single-family dwelling. For the purposes of this chapter, "addition" means the sharing of a common wall with the primary residence.A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the primary structure; t'' ;S �o-� •>� �� Q� l N 2. An accessory residential unit may not exceed 50% of the size of the prim�Oa���ary unit, up to a maximum of 800 square feet; 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the state building code; -, Se �alv15 4. Either the primary or accessory residential unit must be owner-occupied; j4 wi t k 5. A primary residence in which an accessory residential unit has been created may have only one home occupation; 6 -L'k. C,O So , Accessory Residential Units 18.710-1 AP Update:2114 6. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This parking space shall be paved and/or covered; -- Set, 1P�-LS 7. The front door of the accessory residential unit shall not be located on the front facade of the primary unit unless the.door is already existing; 5 Q—Q— ek'&"s 8. There shall be compliance with all development standards established in the base zone. (Ord. 09- 13) pLL1� 18.710.030 Approval To obtain approval to create an accessory residential unit, the applicant must demonstrate compliance with all of the requirements in Section 18.710.020 by means of a Type 1 procedure, as governed by Section 18.390.030. ■ ` S L Accessory Residential Units 18.710-2 AP Update.2114 r ... - QT s . 000 ::APR 2,8'2015 WY r OF:TIGAR D _ .. _ . PLANNING/R14GINEERING •.1 V : .. . < .. :. :. ._ � _, . . _ . •• . - ' .': _ ' ..: �` ., .. . 'CITY'OF TIGARD :- . .• • Approved ed b la nisi Date 6 � � Initials: S i •• a 0. ; V • .a -3500 FS r> ....?JC� T_ ..L•d:3.. _ . - ,: -... - 1 i, - - •. - + I - : - _ - . 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