Correspondence (7) Albert Shields
From: Al Dickman
Sent: Wednesday, March 09, 2016 2:50 PM
To: Albert Shields
Cc: Theresa Reynolds; Rob Block; Paul lzatt
Subject: MST's
Attachments: Al Dickman.vcf
Albert,
MST2015-00289, 00290 and 00291 were all commented upon regarding sanitary and storm issues.
The storm from the properties flow through a previously approved private plumbing system connecting to the city
system of 95th
The three sanitary line segments have all been cleaned, had a mandrel pulled through and have been video scanned.
The scanning revealed a grade issue in both manholes that has now been corrected.
Therefore the previously commented engineering conditions have been met.
Al..
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1
John Floyd
From: John Floyd
Sent: Tuesday, February 16, 2016 3:25 PM
To: 'Ove Petersen'
Subject: RE: 11455 SW Greenburg Rd.
HI Ove,
I have an answer for you. Putting this in writing so there's no confusion. For purposes of this partition,we will be
treating Lot 1 as a corner lot and your can design a new duplex under that assumption. That said, the variance will not
be extended to any new development, and you must either conform to current setbacks or apply for any new
adjustments.
Please note this is based on historical determinations made in MLP94-00003, and does not extend to development
beyond the boundaries of this partition.
John
From: Ove Petersen [mailto:lop8318@aol.com]
Sent:Thursday, February 11, 2016 2:50 PM
To:John Floyd
Subject: 11455 SW Greenburg Rd.
Hi John,
It has now been 7 weeks since I submitted my building plans to the City. I know you have forwarded your questions to the
City Attorney. However that was 2 weeks ago now. Can you please update what has happened so far?
Thank you.
Ove Petersen
503 515 9464
1
Albert Shields
From: Albert Shields
Sent: Thursday, December 31, 2015 12:03 PM
To: 'LOP8318@aol.com'
Cc: John Floyd; Mike White; Al Dickman
Subject: MST2015-00289, -00290, -00291
Attachments: Conditions - 12-31-2015.pdf
Ove, on reviewing your applications for building permits MST2015-00289, -00290, and -00291, Planning and Engineering
have flagged a number of issues that need to be addressed.
1. For all 3 applications, the Conditions of Approval highlighted on the attached list must be met before building
permits can be issued.
2. For all 3 applications, the sanitary system constructed on this property serving all 3 lots has never been
inspected and approved by the City. Accordingly, we require that the 6 inch pvc sanitary system have a mandrel
pulled through and the line be pressure tested and video inspected. These tests are needed to demonstrate
structural integrity.
3. For all 3 applications, show on your site plans where storm water leaves the site and connects to a City approved
system.
4. For MST2015-00290, a 35 foot setback from the property line is required per Tigard Development Code
18.730.040.A and a 60 foot setback is required from the centerline of Greenburg Rd. at its ultimate width.
5. For MST2015-00291, a 30 foot rear setback is required.
Please revise the site plans for MST2015-00290 and MST2015-00291 accordingly and re-submit them. If you have any
questions about the required setbacks please contact John Floyd, 503-718-2429 in our Planning Department. Please
coordinate the sanitary system tests with Al Dickman in our Engineering Department, 503-718-2463.
Please let me know if you have any questions.
MZAlbert Shields
City of Tigard
Permits/Projects
6 Coordinator
l%/_ .obert` ` gard-or.goo7
(5O3,, 713-2426 :
(50 624-36$1
13125 SW Kali Blvd,
ig,rd,OR 97223
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� � , � _. ROW ` �� ', + `\ •,
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PROPERTY LINE � at
`\ In 1# 0 --i—t18" -1 • • l = ,0 t6 EXISTING GRADE
grilr1 5.50'
i ' FUTURE
EXISTING GRADE WALK
0.50' 24.00' PLANTER WALK • -.- 0.50'
Cid, Carenca
52.00' 8RA/.pinp the FW
RIGHT OF WAY POR WND
(i) River Terrace Realignment DEDICATION E: ,<s pro° :IOD°°RTLOM°�"�
Date:/2//7/24,5 mm
Project No.:2,5093eo CONTACT:Matt Lewis
Tigard Tualatin School District Rutkin Property Development
("Th
r
r
�s'
"Story, half" - a story under a gable or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than two feet
above the floor of such story. If the finished floor level directly above
a basement or unused underfloor space is not more than six feet above
grade, as defined in this section, for more than 50 percent of the total
perimeter or is not more than 12 feet above grade as defined in this
section, at any point, such basement or unused underfloor space shall be
considered as a half story.
(7 "Street" or "road" - a public or private way that is created to provide
ingress or egress for persons to one or more lots, parcels, areas or
tracts of land, excluding a private way that is created to provide ingress
or egress to such land in conjunction with the use of such land for
forestry, mining or agricultural purposes.
"Street, private" - an accessway which is under private ownership.
"Structure" or "building" - that which is built or constructed, an edifice
or building of any kind, or any piece of work artificially built up or
composed of parts joined together in some definite manner.
"Subdivide land" - to divide an area or tract of land into four or more
lots within a calendar year when such area or tract of land exists as a
unit or contiguous units of land under a single ownership at the beginning
of such year.
"Subdivision" - either an act of subdividing land or an area or a tract of
land subdivided as defined in this section.
"Substantial improvement" - any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50 percent of the market
value ofthe structure either:
A. Before the improvement or repair is started; or
B. If the structure has been damaged and is being restored, before the
damage occurred. "Substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The
term does not, however, include either:
1. Any project for improvement of a structure to comply with
existing state or local health, sanitary or safety code
specifications which are solely necessary to ensure safe living
conditions; or .
2. Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Revised 02/27/89 Page 31
"Loading space" - an off-street space or berth on the same lot or parcel,
with a building or use, or contiguous to a group of buildings or uses, for
the temporary parking of a vehicle which is loading or unloading persons,
merchandise or materials, and which space or berth abuts upon a street,
alley or other appropriate means of access and egress.
"Lot" - a unit of land that is created by a subdivision or partition of
land and is owned by or under the lawful control and in the lawful
possession of one ownership.
"Lot area" - the total horizontal area within the lot lines of a lot
exclusive of public and private roads, and access easements to other
property or the private driveway area of a flag lot.
"Lot, corner" - a lot situated at the intersection of two streets where
the interior angle of such intersection does not exceed 135°.
"Lot coverage" - the percent of a lot area covered by the vertical and
horizontal projection of any structures or buildings.
"Lot depth" - the distance from the midpoint of the front lot line to the
midpoint of the rear lot line.
"Lot, interior" - a lot other than a corner lot and having frontage on
only one street.
"Lot line" - the property line bounding a lot.
"Lot line adjustment" - the relocation of recorded lot lines which does
not result in the creation of an additional lot.
"Lot line,. front" - in the case of an interior lot, a property line which
abuts the street; in the case of a corner lot, the shortest of the two
property lines which abut the street; except where the narrowest side of a
lot is a minimum of 75 feet there may be a choice of frontage.
"Lot line, rear" - the recorded lot line or lines most distant from and
generally opposite the front lot line, except that in the case of an
interior triangular lot or lot with more than four sides, it shall mean a
straight line ten feet in length which is:
A. Parallel to the front lot line or its chord; and
Revised 02/27/89 Page 26
V
k.
•
Albert,
This memo serves as engineering comments for MST2015-00289, MST2015-00290
and MST2015-00291.
MST2015-00289, Lot 2:
• Approved for review.
• Requires water quantity fee in lieu X 2 and water quality fee in lieu X 2.
Prior to issuance of building permit:
• Since the sanitary constructed on this property as part of the system serving all
three lots was not previously accepted by the city then the city is requiring the 6
inch pvc sanitary system have a mandrel pulled through, the line be pressure
tested and the line be video inspected. All are required to demonstrate
structural integrity.
• Show how and where storm water leaves site and connects to approved city
system.
MST2015-00290, Lot 1:
• Not approved for review.
• Requires 60 foot front set back from C/L of Greenburg Rd at its ultimate
width.
Upon resubmittal:
• Requires water quantity fee in lieu X 2 and water quality fee in lieu X 2.
Prior to issuance of building permit:
• Show how and where storm water leaves site and connects to approved city
system.
• Since the sanitary constructed on this property as part of the system serving all
three lots was not previously accepted by the city then we are requiring the 6
inch pvc sanitary system have a mandrel pulled through, the line be pressure
tested and the line be video inspected. All are required to demonstrate
structural integrity.
MST2015-00291, Lot 3:
• Approved for review.
• Requires water quantity fee in lieu X 2 and water quality fee in lieu X 2.
Prior to issuance of building permit:
• Since the sanitary constructed on this property as part of the system serving all
three lots was not previously accepted by the city then the city is requiring the 6
inch pvc sanitary system have a mandrel pulled through, the line be pressure
tested and the line be video inspected. All are required to demonstrate
structural integrity.
• Show how and where storm water leaves site and connects to approved city
system.
106.60
o
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y 10 PRIVATE SEWER EASEMENT l ��` 11 L
FINISHED / co REAR YARD , '2 t i
<0 5.0I SLOPE ' EDGE OF PATIO SETBACK / �y
SIDE EDGE OF ROOF 13.5'MIN.
ARD PER VAR 94-0003
3 8"STEPS v-
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PATIO -PATIO - / t ,evH.,t r
`:FLEV 208 96 -FLEV 208.9:
14455SWGRIN RBURG RI 14451 SWGREENBURG RI , // \Q \/
ELEV. 209.38' MAIN FLOOR \ ��o\ / /
ELEV. 211.00' \
:.0 GARAGE GARAGE / ��
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GRAVEL CONSTRUCTION ACCES-.• - - - - . • . • . ; , _ _ ••• . . _
NORTH �1
°�4° 76.00 p6
A`.1. 11455 & 11451 SW GREENBURG RD. tip°
<:<,, 1S135CD09000 ����'
/
8,692 SQ.FT.LOT AREA
2,567 SQF.T ACCESS EASEMENT SITE PLAN /
6,125 SQ.FT. BUILDABLE LOT AREA
2,369 SQ.FT.BUILDING COVERAGE SCALE 1/16"= 1-0"
3,228 SQ.FT.TOTAL IMPERVIOUS AREA
38.7%BUILDING COVERAGE AREA
53.7% BUILDING AND IMPERVIOUS COVERAGE AREA
46.3%LANDSCAPE AREA
60
•
- — 106 N EDGE OF PATIO
0�� --_ -———- �_STANDAA RD SILT FENCING
` FINISHED 10'PRIVATE SEWER EASEMENTREAR YARD %�
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COVERED COVERED m, 13.5'MIN.
PATIO PATIO - EDGE OF ROOF PER VAR 94-0003
t ELEV.208.96 -- __ _ -. -LAV.2-108-
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,1° 11455&11451 SW GREENBURG RD. 9>
<0 1S135CD09000 «"- .,
8,692 SQ.FT.LOT AREA
2,567 SOF.TACCESS EASEMENT SITE PLAN
6,125 SO.FT.BUILDABLE LOT AREA
2,369 SQ.FT.BUILDING COVERAGE SCALE 1/16"=1'-0"
3,228 SQ.FT.TOTAL IMPERVIOUS AREA
38.7%BUILDING COVERAGE AREA
53.7%BUILDING AND IMPERVIOUS COVERAGE AREA
46.3%LANDSCAPE AREA
PARTJ770N PLAT PARTITION PEAT NO. -51/A/-/DLi-
OF A PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE SW 1/4 RECORDER As DOCUMENT NO. 9`/7IL3G9
OF SECTION 35, T.IS., R.1W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON
NOTES: Dirt REFERENCE NO.
MARCH 24, 1994 Mw 9'f c3
1. THE ACCESS AND PRIVATE WATER UNE EASEMENT IS FOR THE USE AND BENEFIT PREPARED BY:
OF PARCELS 1, 2,AND 3. MAINTENANCE OF FACILITIES SHALL BE THE W&H PACIFIC
RESPONSIBILITY OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR 8405 S.W. NIMBUS AVENUE
SUCCESSORS OR ASSIGNS. ��SOONN,OREGON 97008 LEGEND:
2. THE 5 FOOT PRIVATE STORM SEWER EASEMENT IS FOR 774E USE AND BENEFIT OF JOB NO. 4-542-0301 ///
PARCELS 1, Z &3. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY FILE NAME,0542PL01 PARCEL LINE / OFESrxm
OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR SUCCESSORS OR ASSIGNS EXTERIOR LAT BOUNDARY I PROFESSIONAL
ND SURV OR
3. THE SEWER EASEMENT IS GRANTED TO THE CITY OF TIGARD FOR CONSTRUCTION AND -- — EASEMENT LINE
MAINTENANCE OF A PUBLIC SEWER UNE. — CENTER LINE f�/�-�'(��J
4. THE 10.00 FOOT PRIVATE SEWER EASEMENT IS FOR THE USE AND BENIF/T OF PARCEL -- oREc.
RIGHT-OF-WAY LINE .T M G ,
2. MAINTENANCE OF FACILITIES 514811 BE THE RESPONSIBILITY OF THE OWNER OF • FOUND MONUMENT AS NOTED \PAT2382 O U i 5
PARCEL 2, THEIR SUCCESSORS OR ASSIGNS /! SET 5/8'4 30"IRON ROD WITH
5. 774E 13 FOOT PRIVATE STORM SEWER EASEMENT ON PARCEL 2 IS FOR THE USE AND YELLOW PLASTIC CAP STAMPED EXPIRES 12-31-94
BENEFIT OF PARCELS 1 &2. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY
"W&H PAC1F7�
OF 174E OWNERS OF PARCELS 1 &2 OR THEIR SUCCESSORS OR ASSIGNS. IR IRON ROD /HEREBY CERTIFY THIS
SIXXX WASHINGTON COUNTY RECORD TO BE A TREXACT
7.' SURVEY FILE NUMBER PIAT
OF THE E PA PARTITIONr �! W/YPC WITH YELLOW PLASTIC CAP
SCALE 1710 FOUND
20 0 20 10 20 40 MON. MONUMENT
3\--FND 1/2'IRON PIPE (FEET)
1 INCH =20 FEET
HEW Q
I L 0 T 5 FNO 5/8"IR IN MON. BOX [-1-
m0.3B' STAT/0 33 F.78 / O`
p�
GREENBERG HTS A"
HEW FID I''T'✓O/NT ON 3/4'PIPE(WESTERLY PORTION) - ,� �`��
�'O WITH PUNCH MARK(5#3908) l
� N0120J0"W
/ / v•, N DD'Oo'OPE 289.60' 91.59' 14.89
s AI \ ►-`Am.i _ _ x_60'
5'PRIVATE STORM I� � "RIVS 7 . E le��ie -'( No'4) x n �_ •01 y /
SEWER EASEMENT y.
1 (SEE NOTE 2) - 50120'30"E y�
S" PARCEL 2 87.15' ti� �(v
NOD'OWOrE a t� . , , (1
AREA•8,907 S.F. - .- 6•(ry 1 4, :'1A �� / ^v /
H \ C�
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P.: \10.00' ? L '..may /y�
2 N00'04'09'E 0 FND 5/6'IR 75. /
op
y y ���A `v
LOT 3 c 31.0
PARCEL 1 N 71.17W 0.09 b y
PAROL h., _� 4 AREA,8,688 S.F. yy O ^ti
1
GREENBERG AREA: 8,610 S.F. m __, SO`27 WCi
4Q 1
/ 2, /
HE/GHTS y L �( ERNO SENT 16a.sz 0 L=9.04=ter ; 0 ��l
I ,15. - E3 I Q ('�
3 SOY04'09"W ------ 60.52'I� �J
gro —� NOB•042T 3
y 0 ACCESS 185-98'E 12�_ y 4.01' HELD
lN?WL POINT,S.E. CORNER LOT 5 A H ANO PRIVATE h --� g Fl./0 5/8'IR IN MON.
GREENBERG HEIGHTS FOUND 3/4" 2 O WATER LINE EASEMENT BOX P.7. CURVE
IRON PIPE, HEW (SEE NOTE 1) 2 = 04'44'32' STATION 28+25.63
3 •��• 1 R= 530.00• PER.5124854
N 00'04.09"£ 99.46' 90.00' \ 1 80� L = 43.67'
35.00' 93.00' 76.00' / CHORD= 4.3.89 14"E
FN !R W BEARING ; S OPO4'09'W 259.00' •• 89'56'1,W 43.85'
/ �C 5 SET IR N 89'56W 0.50' /
STAMPED'LS 660' �5�•' AND. 1'IR WITH PUNCH MARK AS WITNESS TO TRUE CORNER
�' ORIGIN UNKNOWN FENCE POST IN CONCRETE I
' OCCUPIES TRUE CORNER I (^. I
L O T 4 BOETCHER' S ADD N.
1�, E R 0 T !2 CURVE TABLE
S
END. BRASS DISK O R=55.00 SB'O R=35.00' O R=35.00' 0
R=2 3858'O R= �3J' -T47I
0'
STATION-WARD- L =22.51' L =33.69' L =33.6'9' L=46.10' L=39.27' I 30•
LAT.=45'2554.18'N CND =22.35' CHO=32.40' CHO =32.40' CHO= 39.84' CHO = I
LONG.=122'46'12.66W N1 1'47'38"E N27.38'39'E N2T38'39"E N29'18'22'W 3535'
NAD 1927 DATUMN4S03'55'E
SHEET 1 OF 2
PAY tl " '� 'r Y®i" PLAT PARTITION PLAT NO. )99'1-/G 2.-
OFA PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE SW 1/4 RECORDED AS DOCUMENT No. 9`/J!2 36
OF SECTION 35, T 1 S., R.1 W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON
MARCH 24, 1994
PREPARED BY:
W&H PACIFIC
8405 S.W. NIMBUS AVENUE
P.O. BOX 80040
PORTLAND, OREGON 97280
503/626-0455
JOB NO. 4-542-0301
CITY REFERENCE NO.
MLP 9Y—CC'°3
NARRATIVE: DECLARATION: CITY OF TIGARD APPROVAL:
PURPOSE: THE PURPOSE OF THIS SURVEY IS TO DETERMINE THE EXISTING KNOW ALL MEN BY THESE PRESENTS,THAT JOHN DRENNAN, ACTING ON BEHALF OF APPROVED THIS 766 DAY OF December ,1994
PROPERTY LINES AND TO PARTITION INTO 3 PARCELS THAT CERTAIN TRACT HIMSELF AND AS ATTORNEY IN FACT FOR DAVID A. DRENNAN, AND JOAN DRENNAN,
DESCRIBED AS LOT 5, GREENBERG HEIGHTS EXCEPTING THEREFROM THAT THE OWNERS OF THE LANDS DESCRIBED IN THE ACCOMPANYING SURVEYOR'S CERTIFICATE, //JJ
PORTION OF SAID LOT 5 DESCRIBED IN DEED RECORDED SEPTEMBER 6, 1950, BOOK 311, DOES HEREBY MAKE, ESTABLISH, AND DECLARE THE ANNEXED PARTITION PLAT TO BE BY, //2•� .f #
PAGE 80, AND ALSO EXCEPTING THAT PORTION OF SAID LOT 5 DESCRIBED A TRUE AND CORRECT PLAT THEREOF, ALL PARCELS BEING OF CITY ENGINEER
IN DEED RECORDED JANUARY 26, 1953, BOOK 341, PAGE 18, BOTH OF THE DIMENSIONS SHOWN AND ALL STREETS AND EASEMENTS OF WIDTHS THEREIN
'NASHINGTON COUNTY DEED RECORDS. SET FORTH AND HEREBY GRANT ALL EASEMENTS AS SHOWN OR NOTED ON
SAID MAP. THERE ARE NO WATER RIGHTS APPURTENANT TO THIS PLAT.
BASIS OF BEARINGS:
THE CENTERLINE OF S.W. GREENBURG ROAD STATION 28+26.63 TO n,� � F�
33+0'.75 PER SURVEY NO. 24,854 WASHINGTON COUNTY SURVEY RECORDS. JOH DRENNAN JOH DRENNAN, ATTORNEY IN FACT
BEARING= NORTH 711259" WEST FO DAVID A. DRENNAN WASHINGTON COUNTY APPROVAL:
HISTORY: ND')o, ,„
LOT 5 WAS PLATTED IN GREENBERG HEIGHTS SUBDIVISION, PLAT BOOK 2 PAGE 54 OF JOHENNAN, ATTORNEY IN FACT APPROVED THIS Z,rc DAY OF y .� ,7994THE WASHINGTON COUNTY PLAT RECORDS THE LOT WAS SUBSEQUENTLY FON DRENNAN
DIVIDED BY METES AND BOUNDS DEEDS. SEVERAL SURVEYS HAVE BEEN
CONDUCTED WITH REFERENCE BELOW. GREENBURG ROAD WENT THROUGH A �A AA BY. �e--�_
LEGALIZATION PROCESS TO ESTABLISH RIGHT-OF-WAY AND IS THEREFORE ACKNOWLEDGEMENT'S: WASHINGTON COUNTY SURVEYOR
30 FEET EACH SIDE OF THE MONUMENTED CENTERLINE IN THIS LOCATION.
REFERENCE SURVEYS:
PLAT OF'GREENBERG HEIGHTS; SURVEY NO'S: 70,506; 78,429; 3,908; STATE OF OREGON 55
24,854. COUNTY OF WASHING TON
RESOLUTION: COUNTY ASSESSOR'S CERTIFICATION:
WE ACCOMPLISHED A RESURVEY AND LOCATED MONUMENTS AS DEPICTED AND NOTED
HEREON. THE SOUTHERLY LINE WAS HELD PER MONUMENTS FOUND. THE EASTERLY
LINE WAS HELD PER FOUND MONUMENTS ON THE EAST LINE OF LOT 3 OF THE PLAT AND ALL TAXES, FEES, ASSESSMENTS, OR OW CHARGES AS PROVIDED BY
THE LINE PROJECTED TO THE RIGHT-OF-WAY OF GREENBURG ROAD. THE WEST LINE THIS IS TO CERTIFY THAT ON THIS�3''DAY OFfV(TSGril1Oon, 1994, O.R.S. 92.095 HAVE BEEN PAID AS OF r(�<G ,zG 192,4.
WAS HELD AS COMMENCING AT THE FOUND "T"PIPE AND PROJECTED NORTHERLY AT BEFORE ME,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND`STATE, DIRECTTOR 01175101 OF ASSESSMENT AND TAXATION
THE SAME BEARING RELATIONSHIP, AS RELATED TO THE EAST LINE, AS SHOWN ON PERSONALLY APPEARED JOHN DRENNAN, TO ME PERSONALLY KNOWN TO INa.6O.ng reef COUNTY, OREGON.
`HE ROAD RIGHVEY NO. T-OF-WAY TWAYWAS
'WAS HELD PER SURVEY TO IT'S TERSECDON NO. 24,854. HE WITH
GREENBURG ROAD. HE IS ATTORNEY IN FACTNAMED
FOR DAVID A. DRENNAN AND OANDID
DRENNANTHAT
THE AND HE HAS EXECUTED THE FOREGOING INSTRUMENT AND HE BY 190.1.401 //
�
SURVEYOR'S CERTIFICATE TACK.NOWLEGES SAID DECLARATION TO BE A FREE ACT AND DEED. DEPUTY
!MA,ACU/S, A REGISTERED PROFESSIONAL SURVEYOR IN THE STATE OF OREGON
HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER
MONUMENTS THE LAND REPRESENTED ON THE ANNEXED PARTITION PLAT MAP, AND
THAT AT THE INITIAL POINT I FOUND A 3/4"IRON PIPE REPRESENTING THE SOUTHEAST =omoeuix r,
C2RNE.R OF Lor 5 OF GREENBERG HEIGHTS SUBDIVISION AS RECORDED IN AIM WM
Wip7NG O COUNT' A RECORDS; THENCE TRACING THE SOUTHERLY LINE OF SAID 551/0 44641V STATE OF OREGON 7
-"TORTIT 89'56'18" Jw m
EST 9567 FEET; THENCE LEAVING SAID SOUTHERLY LINE YrSSgM nEM
EVIVier• 004 COUNTY OF WASHINGTONISS
TRACING THE AS ERLY LINE OF THAT CERTAIN TRACT DESCRIBED IN DEED - ,,n
RECORDED JANUARY 26, 1953, BOOK 341, PAGE 18, OF THE WASHINGTON COUNTY DEED `O I�;,r\ IA /V
tA-
RECORDS NORTH 00'00'O7"EAST 289.60 FEET TO THE SOUTHERLY RIGHT-OF-WAY _Jt4*^�+"'•` Il
LINE OF S.W. GREENBURG ROAD; THENCE TRACING SAID RIGHT-OF-WAY LINE SOUTH I DO HEREBY CERTIFY THAT THIS TRACING IS A COPY CERTIFIED TO ME,
772'59"EAST 56.88 FEET TO A POINT OF CURVATURE; THENCE TRACING THE ARC BY THE SURVEYOR OF THIS PARTITION PLAT TO BE A TRUE AND EXACT
OF A 530.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF COPY F THE ORIGINAL, ANO THAT IT WAS RECORDED ON THE. A, SAY
04'44'32"AN ARC DISTANCE OF 43.87 FEET(THE LONG CHORD BEARS SOUTH 73'35' OF rr / 1994. AT a•y3 O'CLOCK ,C7
M, AND
74"EAST 43.65 FEET TO THE EASTERLY LINE OF SAID LOT 5 OF GREENBERG HEIGHTS; RECORDED IN THE COUNTY CLERK RECORDS.
THENCE TRACING SAID EASTERLY LINE SOUTH 00'04'09" WEST 259.00 FEET TO THE
BY, (...<47...,,r
INITIAL POINT. C..,.....)DEPUTY COUNTY CLERK
CONTAINING 26,205 SQUARE FEET OR 0.6016 ACRES.
REGISTERED
PROFESSIONAL STATE.OF OREGON I
•ND SURVEYOR COUNTY OF WASHINGTON SS
f.% '
100 HEREBY CERTIFY THAT THIS PARTITION PLAT WAS RECEIVED
OREGON' I HEREBY CERTIFY THIS FOR RECORD ON THIS RECORDED
OTHE ,.A.,- 1994,AT ?:Vj
PAT MARQUIS TO BE A TRUE&EXACT O'CLOCKLM.,AND RECORDED IN THE COUNTY CLERK RECORDS.
i JANUARY M 1989 2382 COPYINTOF THE PARTITION
BY '�
PLAT 0 TY COUNTY CLERKERK '
EXPIRES 12-31-94 cY��
SHEET 2 OF 2
_
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preliminary plat which addresses the maintenance requirements for the zero setback wall
of the detached dwellings; and
ii. The easement shall be recorded with Washington County and submitted to the city with
the recorded final plat prior to the issuance of any building permits within the
development.
2. The approval authority requires the following conditions to be satisfied:
a. Deed restrictions shall be recorded with Washington County which ensure that:
i. The 10-foot separation between the residential structures shall remain in perpetuity; and
ii. The 10-foot separation between the residential structures shall be maintained free from
any obstructions other than:
(A)The eaves of the structure,
(B) A chimney which may encroach into the setback area by not more than two feet,
(C) A swimming pool,
(D)Normal landscaping, or
(E) A garden wall or fence equipped with a gate for emergency access and maintenance
purposes;
b. Easements shall be granted where any portion of the structure or architectural feature projects
over a property line;and
c. The maximum lot coverage for zero lot line shall not exceed the maximum lot coverage for
the base zone.
C. Application submission requirements. All applications shall be made on forms provided by the
director in accordance with Chapter 18.350, Planned Developments, Chapter 18.430, Subdivisions, or
Chapter 18.420,Partitions, and shall be accompanied by:
1. Copies of the plat plan indicating building and easement location and dimensions, and necessary
data or narrative which explains how the development conforms to the standards;
2. A list of names and addresses of all property owners of record immediately abutting the site;
3. All other requirements of Chapters 18.350, 18.430 and 18.420 shall apply.
18.730.040 Additional Setback Requirements
A. Additional setback from roadways. The minimum yard requirement shall be increased in the event a
yard abuts a street having a right-of-way width less than required by its functional classification on
the city's transportation plan map and, in such case, the setback shall be not less than the setback
required by the zone plus 1/2 of the projected road width as shown on the transportation map.
5A
Exceptions to Development Standard, 18.730-3 AP Update: 2./14
PAR • LA • PARTITION PLAT NO. J 9/II'/D"Z..
OF A PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE SW 1/4 RECORDED AS DOCUMENT NO. 9 y I iZ 36
OF SECTION .35, T.1 S., R. W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON
NOTESMARCH 24, 1994 CITY REFERENCE NO.
7. THE ACCESS AND PRIVATE WATER UNE EASEMENT IS FOR THE USE AND BENEFIT PREPARED BY: MLP 9Y 0003
OF PARCELS 1, 2,AND 3. MAINTENANCE OF FACILITIES SHALL BE THE W&H PACIFIC
RESPONSIBILITY OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR 8405 SW. NIMBUS AVENUE
SUCCESSORS OR ASSIGNS. 50OREGON
3/626-0455 97008
7 LEGEND.
•
2. THE 5 FOOT PRIVATE STORM SEWER EASEMENT IS FOR THE USE AND BENEFIT OF JOB NO. 4-542-0301
PARCELS 1, 2, &J. MAINTENANCE OF FACILITES SHALL BE THE RESPONSIBILITY RLE NAME 0542PlO1 PARCEL LINE REGISTERED
OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR SUCCESSORS OR ASSIGNS. EXTERIOR LOT BOUNDARY PROFESSIONAL
ND SURV OR
3. THE SEWER EASEMENT IS GRANTED TO THE CITY OF TIGARD FOR CONSTRUCTION AND EASEMENT LINE ,y,,�1� ,u/y7�
MAINTENANCE OF A PUBUC SEWER UNE. - CENTER LINE /' N ✓
OREGON
4. THE 10.00 FOOT PRNATE SEWER EASEMENT/S FOR THE USE AND BENIF/T OF PARCEL -- RIGHT-OF-WAY UNE za,
2. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY OF THE OWNER OF • FOUND MONUMENT AS NOTED PAT 2382 O U I S/
PARCEL 2, THEIR SUCCESSORS OR ASSIGNS f SET 5/8'x 30'IRON RDD WITH
YELLOW PAST/C CAP STAMPED EXPIRES 12-31-94
5. THE 73 FOOT PRIVATE STORM SEWER EASEMENT ON PARCEL 2 IS FOR THE USE AND "W&H PACIFIC'
BENEFIT OF PARCELS 1 &2. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY
IR IRON ROD l HEREBY CERTIFY THIS
OF THE OWNERS OF PARCELS 1 &2 OR THEIR SUCCESSORS OR ASSIGNS. TO BE A TRUE&EXACT
SfXXX WASHINGTON COUNTY RECORD COPY OF THE PARTITION
�� SURVEY FILE NUMBER PLAT
W/YPC WITH YELLOW PLASTIC CAP
SCALE 674,0 FOUND
\ 20 0 20 10 20 40 MON. MONUMENT
3 `FND 7/2"IRON PIPE (POET
h1 INCH =20 FEET HELD Q
END 5/8"IR IN MON. BOX
m L 0 T 5 0.38' STATION 33+01.78 /
/ PER 424854
GREENBERG HTS. — ,o° oi'-c-
//�HELD FWD 1''r JO/Nr ON 3/4'PIPE(WESTERLY PORTION) —
/ WITH PUNCH MARK(513908) ,{
1 N OC'OO'OYE NO7 2030'W 14.89'1 /
/ 289.60' 91.59' 1`
/ 106.60'
90.00' _ 930'
J. ' I
17 13'PRIVATE STORM SEWER EASEMENT'S0'�D'�' 10'PRIVATE SEWER EASEMENT
.o `-5'PRIVATE STORM r (SEE NOTE 5) (SEE NOTE 4) �2 �O y
°4'. S(SEER EASEMENT S07 20'30'E 4,7_,\..,„
h °'
. 10
PARCEL 2 N00'04'09'E a • ry 2�OTE 2)
�� () /
h ^ AREA.8,907 S.F. 20.22 1 y t� ^N� / �v /
..,
m I _10.00' >•` . ^yam Q
NOPO4'09"E 0 % FND 5/B"!R '' -y �/.� ///y}},,,
16.17' PARCEL 1 N 7I'fTW 0.09 b, Co y°
LOT 3 PARCEL 3 ti , �` ,,,\ AREA:8,888 S.F. y" o ro
GREENBERG AREA: 8,610 S.F. 'fi S08-04'2 h
HEIGHTS (.sEEND E, +ENT 168.52.w 0 - 9.04 %; CT/ ��
31500'04'09`W i N /
60.52'
g+� N08'0427-E 3 yI -„
,o O ACCESS 0 4.01' HELD
`�"� ANO PRIVATE 10 �o FND 5/8"1R IN MON.
INITIAL PO/NT:S.E. CORNER LOT 5 A^moi WATER UNE EASEMENT N —BOX PT CURVE
GREENBERG HEIGHTS FOUND 3/4" 2 (SEE NOTE 1) w A = 04'44'32" STATION 28+25.63
IRON PIPE, HELD 2 3.50' i R= 530.0' PER 3124854
N 0004'09'E 99.46' I 0 A I L=11.80'
90.00' l 35,00• 93.00' ~C 20.00' _ — L = 575543.87'
76.0' CHORD= 47735'74"E /
S 00'04'09'W 259.00' 89'56.1=W `
ED FOR N-S BEARING SET IR N •�' Va
STAMPEDEND /�LS 8 IR �C ��5�5, END. 1" IR WITH UNKNOWN PUNCH MARK AS WITNES59TO TRUE CONCRETE CORNER
FENCE POST IN CONCRETE / l
OCCUPIES TRUE CORNER I
L 0 T 4 BOETCHER' S ADD' N.
351'', R T H CURVE TABLE
5 ENO. BRASS DISK O R=55.00' O R=5.00' O R=35.00' O R=25.00'; ' O R=25.0' 3Y ( 30'
STATION"TIGARD" L =22.51' L =.73.69' L =33.89' L= 46.10' L=.39.27' / 30•
LAT.-45'25'54.18"N CHO=2235' CHO =32.40' CHO =52.40' CHD A. 39.84' CHO = 35,35' I
LONG.=12746'12.66W N 1 1'47'38"E N2738'3 22
9"E N2738'39"E N29'18 "W N45-03'55"E
NAD 1927 DATUM
SHEET 1 OF 2
106.60 RECE1VEJ
�0��° r STANDARD SILT FENCING ' ' DEC„ 10'PRIVATE SEWER EASEMENT / tip ' E4 1015
�v 5.0 FINISHED�� w REAR YARD
SLOPE EDGE OF PATIO ')SETBACK • / �• .
SID • EDGE OF ROOF 13.5 MIN.
EATRBA K L 1 3 8”STEPS• _ PER VAR 94-0003 gg��CITY 01 l'IGARly
i WNTO PATID — RUII ° @ M� ?
'PARTIALLY PA TIALLY p ; /
-COVERED COVERED .- •
PATIO - -PATIO /
r El FV.708 96 -Fl FV.208.9e
�00 '
/ \ co. /
14455 SW GREENBURG R 14451 SW(GREENBURG RI r/
MAIN FLOOR MAIN�FLOOR" / \moo, /
ELEV. 209.38' ELEV. 211.00' I \Il l
.k)\/JJJ
p GARAGE GARAGE V
FIREPLACE ELEV. ELEV. / j /
EXTENSION ' / /
/,
coM / // `,SEED a
DRIVEWAY <o / \ c�
M CO /
L?__-_a: ,r-•CIA 6-i N -, 6711 '[f. -.' S�FErS 18.9.. / 4
/
..ENIR PORCH +ENTRYf ORC - SF/3 / i
y
ELEV 209.03 ELEV.210.65' / 44 /
4.
.400, 41 0®w roirelprQom°/
44 15'SEWERE EXISTING vJ e/
:� EASEMENT �. .. v,
COMMON APRONIVEW /
- oi ..; ACCESS APRON
"' EASEMENT., 4,.....� /
/
. . • . E, (GRAVEL CONSTRUCTION ACCESS)
/
/ NORTH
,,`"° 11455 &11451 SW GREENBURG RD. l'-‘ ''\ / CITY F
0, 1S135CD09000 0 TIG,4RD
8,692 SQ.FT.LOT AREA
6,125 SQ.7 FT.BUILDABLE ES SLOTEAREA SITE PLAN / Approved /by P� I�nlr�
2,369 SQ.FT.BUILDING COVERAGE SCALE 1/16"= 1'-0" / t 2! 2 ' I S
3,228 SQ.FT.TOTAL IMPERVIOUS AREA
38.7%BUILDING COVERAGE AREA I F-14-i-70,5•
53.7%BUILDING AND IMPERVIOUS COVERAGE AREA -,
46.3%LANDSCAPE AREA
•
F. 4uip 14- A
NOTICE OF DECISION
MINOR LAND PARTITION MLP 94-0003
VARIANCE VAR 94-0001
DRENNAN - OWNER/APPLICANT
APPLICATION: A request for the following develop applications: 1) Minor
Land Partition approval to divide one parcel of approximately 26,136 square feet into
three parcels of approximately 8,677, 8,892 and 8,605 square feet; 2) Variance
approval from the normally required 15 foot rear yard setback requirement to a
setback of 13.5 feet. ZONE: R-12 (Residential, 12 units per acre). LOCATION:
11455 SW Greenburg Road (WCTM 1S1 35CD, tax lot 400).
APPLICABLE LAW: Community Development Code Chapters 18.54, 18.88,
18.162.040, 18.162.050, 18.164.0300 18.164.090, 18.164.100.
DECISION: Notice is hereby given that the Planning Director's designee for the City
of Tigard has APPROVED Minor Land Partition 94-0003 / Variance 94-0003
SUBJECT TO CERTAIN CONDITIONS as listed below.
SECTION I - CONDITIONS OF APPROVAL:
TEE FOLLOWING CONDITION SHALL BE REQUIRED PRIOR TO RECORDING
TIM PLAT. 'UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL
CONDITIONS SHALL BE MICHAEL ANDERSON, ENGINEERING DIVISION:
1, The applicant shall provide a private sewer easements for Parcels 2 and
3 across Parcel 1, or construct a new Amin sewer connecting to the sewer
in SW Greenburg Road,or an alternate sewer system as approved by the
Engineering Department.
2. Final Plat Application Submission Requirements:
A. Three copies of the partition plat prepared by a land surveyor
a. licensed to practice in Oregon, 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
tO (ORS 92.05), Washington County, and by the City of Tigard,
CO
3. A revised site plan shall be submitted which indicates the lot area
exclusive of access easements and emergency vehicle turnarounds. Staff
Contact: Will D'Andrea, Planning Division (639-4171).
NOTICE OP DECISION MLP 94-0003/VAR 94-0003 • DRENNAN Page 1
• S
4. A revised site plan shall be submitted showing a 30 foot access drive, to
be located in such a way that demonstrates that parcel 1 will satisfy the
15 foot front yard setback. This access shall include 24 feet of pavement,
curbs and a 5 foot sidewalk along one side of the drive. This plan shall
also privide for an emergency vebide turn-around, to be reviewed and
approved by the Planning Division.
5. The final partition map shall include a 30 foot access easment for parcels
2 and 3.
6. Screening shall be provided along the length of the east property line,
adjacent to the access drive,in accordance with Sections 18.100.080 and
18.100.090. Staff Contact: Will D'Andrea.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF
BUILDING PERMITS:
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 provide connection of proposed buildings to the public
sanitary sewerage system. A permit is required to connect to the existing
public sanitary sewer system. STAFF'CONTACT: Greg Berry,Building
Division (639-4171).
3. A joint use and maintenance agreement shall be executed and recorded
on City standard forms for all common driveways. The agreement shall
be referenced on and become part of all applicable parcel Deeds. The
agreement shall be approved by the Engineering Department prior to
recording. STAFF CONTACT: John Hagman,Engineering Department
(639-4171).
ta. THE FOLLOWING CONDITION SHALL BE MET PRIOR TO THE ISSUANCE OF
OCCUPANCY PERMrrS:
co
1. All site development improvements shall be installed as per the approved
gn— revised site plan.
II -auoila1. 1DINGs OF FAcir
1. Yjinit
NOTICE OF DECISION MLP 94-0003/VAR 94-0003 - DRENNAN Page 2
•
The subject site is located west of SW Greenburg Road,east of SW 98th Avenue
and west of SW 95th Avenue. The adjacent properties are zoned R-12
(Residential, 12 units per acre). The surrounding area is residential.
2. Site Information and Proposal Description
This site is approximately .59 acres in size. An existing single family house
presently occupies the site. The site has access to S.W. Greenburg Road. The
applicant requests a Minor Land Partition approval to divide one parceiof
approximately 26,136 square feet into three parcels of approximately 8,677,
8,892 and 8,605 square feet.
3. Agency Comments
The City of Tigard Building Division has reviewed this proposal and has offered the
following comments:
Easements shall be provided for all utilities. Buildings on the proposed parcels
2 and 3 shall convey all concentrated storm water to the public storm system
in SW Greenburg Road.
The Tigard Water District has reviewed this proposal and has offered the following
comments:
It should be required that a fire hydrant be installed on the east side of the
private drive so as to provide fire protection to parcels 2 and 3. Please note that
the requirement for single family residential is that all portions of the building
must be within 500 feet of a fire hydrant, measured along a route accessible to
fire fighting equipment.
The Tualatin Valley Fire District has reviewed this proposal and has offered the
following comments:
Submit plans for review and approval of the access road and turnaround
construction and fire hydrant location:
yam. The City of Tigard Public Works Department has reviewed this proposal and has
offered the following comments:
co
w We are concerned about where the roof drains for these houses will go,as there
�+ are existing drainage problems on SW 98th Avenue that this proposed
development may add to,
NOTICE OF DECISION ML? 940003/VAR 94.0003 - DRENNAN Page 3
II 14
• 4110
No other comments have been received.
SECTION III -FINDINGS AND CONCLUSIONS -Minor Land_Partitim
Section 18,162.040 contains the following general approval criteria for a Minor
Land Partition:
1. The proposal conforms with the City's Comprehensive Plan;
2. The proposed partition complies with all statutory and ordinance
requirements and regulations;
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(Ord. 89-06; Ord. 83-52).
The proposal conforms with the City's comprehensive plan in that the newly
created lots will continue to allow for residential development. This proposal
therefore is not in conflict w.th the Medium Density Comprehensive Plan
designation. This proposed partition complies with all statutory and ordinance
requirements and regulations as demonstrated both by the analysis presented
within this administrative decision and by this application and review process.
Adequate public facilities are available to serve the proposal.
Section .18162:050 contains the following special provisions for lots created
through the Partition Process:
A Lot Widths The minimum width of the building envelope area shall
meet the lot requirement of the applicable zoning district
n.
B. Lot Area: The lot area shall be as required by the applicable
tb zoning district. In the case of a flag lots the accessway may not be
included in the lot area calculation.
C. Lot Frontage: Each lot created through the partition process shall
CD
front a public right-of-way by at least 15 feet or have a legally
recorded minimum 15 foot wide access easement.
NOTICE OF DECISION MLP 94-0003 I VAR 94-0003 - DRENNAN Page 4
D. Setbacks: Setbacks shall be as required by the applicable zoning
district.
E. Front Yard Determination for Flag Lot: 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.
F. Screening on Flag Lots: A screen shall be provided along the
property line of a lot of record where the pay' d drive in ar
accessway is located within ten feet of an abutting lot in
accordance with Sections 18.100.080 and 18.100.090. Screening
may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
G. Fire Protection: The fire district may require the installation of a
fire hydrant where the length of an accessway would have a
detrimental effect on fixe fighting capabilities.
R. Reciprocal Easements: 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.
I. Accessway: Any accessway shall comply with the t,tandards set
forth in Chapter 18.108, Access, Egress, and Circulation.
J. Where landfill and/or development is allowed within or adjacent to
the one-hundred-year floodplain, the City shall require the
dedication of sufficient open land area for greenway adjoining and
within ble els floodplain. This area shall include portions at a
for the construction of a pedestrian/bicycle
pathway with the floodplain in accordance with the adopted
Fa. pedestrian/bicycle pathway plan.
to
Criteria A is satisfied as there is no minimum requirement r..
m
um Iot width an
the R-12 zone. The minimum lot size requirement in the R-12 zone is
W 3,050 square feet. The lot area is defined as the total horizontal area
within the lot lines of a lot exclusive of public and private roads, and
access easements to other property or the privatedriveway area of a flag
lot. A revised site plan shall be submitted which indicates the lot area
NOTICE OF DECISION IVILP 94-0003/VAR 940003 - DRF NAN Page 5
4
exclusive of access easements and emergency vehicle turn-arounds. ?c
Criteria B shall be satisfied if the revised site plan demonstrates that
these lots meet the minimum requirements for duplexes,otherwise only
single family residences will be allowed on these parcels. Criteria C is
satisfied on parcel 1 as it has approximately 100 feet of frontage on SW
Greenburg Road. Parcels 2 and 3 shall satisfy the minimum frontage
requirement of 15 feet through the provision of a 30 foot access easement.
Setbacks on parcels 2 and 3 shall be reviewed when it is built upon. As
indicated on the revised site plan,parcel 1 is in compliance with the front
and side yard setback requirements of the R-12 zone, thereby satisfying
Criteria D. The applicant is requesting a variance to the rear yard
setback requirement. The analysis and findings for this variance are
presented in Section IV of this report. Staff recommends approval of this
variance. Criteria E and F are not applicable to parcel 1 because it is not
a flag lot. Criteria E will be satisfied as front yard determination on
parcels 2 and 3 will be determined when it is built upon. Screening shall
be provided along the length of the east property line, adjacent to the
access drive, in accordance with Sections 18.100.080 and 18.100.090
thereby satisfying Criteria F.
Fire hydrants shall be consistent with Uniform Fire Code standards
thereby satisfying Criteria G. A reciprocal access easement and joint use
and maintenance agreement shall be recorded with the approved
partition map thereby satisfying Criteria H. Criteria I shall be satisfied
as a revised site plan shall be submitted which shows the provision of a
30 foot access drive, to be located in such a wa'i that demonstrates that
parcel 1 will satisfy the 15 foot front yard setback. This access shall
include 24 feet of pavement, curbs and a 5 foot sidewalk long one side of
the drive. Criteria J is not applicable as these lots are not within the
floodplain.
Section 18 88A10(Solar Access)states that all newly created lots within
the City of Tigard shall promote the use of renewable energy sources by
a.
providing for improved access to sunlight for residential dwellings. (A lot
meets the basic requirement if it has a north-south dimension of 90 feet
or more and has a front lot line that is oriented within 30 degrees of a
true east-west axis:) Section 18.88.040(E),however,allows the approval
authority to exempt new lots from the solar access standard in certain
cases,including situations where existing right-of-way prevents lots from
being oriented for solar access. The existing orientation of SW Greenburg
Road and the configuration of the subject site prevents the proposed
NOTICE OF DECISION MLP 94-0003/VAR 94-0003 - DRENNAN Page 6
0
parcel from being orientated for solar access. Therefore, the new parcels
are except from the solar access standard.
Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100
(Storm Drains)have been addressed and are satisfied as specified below:
i
1. Streets:
The site is located on SW Greenburg Road easterly of SW 98th Avenue. SW
Greenburg road is classified as a major collector and is fully developed to the •
ultimate width.
The proposed access to the three parcels is a private easement connecting to
SW Greenburg Road at the existing driveway constructed with the street
widening in 1992. The maintenance of the private access should be the joint
responsibility of the three proposed properties.
2. Sanitary Sewer:
The existing 8 inch public sanitary sewerline is located in SW Greenburg Road:
However,the sewer may not have sufficient depth to serve Parcel 3 at the rear
of the property. A new main may be required and should be the responsibility
of the applicant to provide a solution acceptable to the Engineering Department.
The existing downstream sewers have sufficient capacity for this development:
3. Storm Sewer:
The site slopes towards the southwest across private property that drains
toward SW 98th Avenue. In. the future when the property develops, the .
applicant should obtain offsite drainage easements that would provide for the
stormwater to drain from this site to SW 98th Avenue:
IL
SECTION IV. ANALYSIS AND CONCLUSION VARIANCE
E
t Community Development Code section 18:134,050 provides standard for
granting a variance:
m 1. The proposed variance will not be materially detrimental to the
ILI purposes of this title, be in conflict with the policies of the
Comprehensive Plan,to any other applicable policies and standards,and
to other properties in the same zoning district or vicinity;
NOTICE OF DECISION M.LP 94-0003 /VAR 94-0003 - DRENNAN Page_7
4111•
2. There ar... special circumstances that exist which o over which the
ar to the
lot size or shape, topography or other circumstances c other properties
applicant has no control,and which are not applicable
in the same zoning district;
3. The use proposed will be the same as permitted under this title and
City standards will be maintained to the greatest extent that is
reasonably possible while permitting some economic use of the land;
4. Exisiting physical and natural systems, such aslbut
l ot not
be imiteddeto
traffic, drainage, dramatic land forms, or parks
affected any more than would occur if the development were located as
specified in this title; and
not self-imposed and the variance reques ed is the
5, The hardship is . .
minimum variance which would alleviate the hardship.
applicant is requesting a variance from the minimum
Criteria. 1. The
required 15 foot rear yard setback requirement in the R-12 zone,to allow
a rear yard setback of. 13' 6" for an existing single family home. The
location of the access drive and determination of the front lot line
necessitates this variance request. The Community Development Code
Section 18.146(Flexible Setback Variance)allows expansions of existing
homes to protrude into the rear yard up to 3 feet, for an actual setback
of 12 feet. The applicants requested setback is `within what the City
would allow for an expansion of a home and therefore is not in conflict
+ im policies or neighboring
with or will.be materially detrimental to City
properties. Granting of the variance will in no way impact the adjoining
properties as this is an existing structure. As such,the adjacent property
will notice no change in the setback area.
Criteria 2;
The special circumstances which exist include the lot's long,
narrow shape and the location of h thee and location of theaccess drive eexist.ng house
d to serim the
two proposed lots. (liven the lotp
ant has no other alternative for the location of the driveway.
the applicant
Parcel 1 is consid , . The Code allows a choice of the front
lot line where the narrowest side of a lot is a minimum of 15 feet, as is
t is res provide t property line
J
the Case withparcel 1�'- The applicant access off the
hcant has chosen the e
as the front lot line. The applicant p .
proposed common driveway, as opposed to SW Greenberg Road. SW
Greenberg Road is classified as a major collector street on the City's
Comprehensive
hofs
TransportationM . The City encourages the
limiting access points to major collector streets. The City is
NOTICE OF DECISION MLP 94-0003/VARA 94-0003 - DRENNAN Page 8
Lr
41) S
supportive of the applicants proposal to limit the number of driveways
onto SW Greenburg Road. In choosing the east property line as the front
lot line, the existing single family home does not meet the 15 foot rear
yard setback requirement
Criteria 3: The requested variance will in no way affect the permitted
use status of the proposed single fondly and duplex residential
development All other City standards will be maintained, as discussed
in Section III- Analysis and Conclusions.
Criteria 4: Existing physical and natural systems will not be adversely
affected any more than would occur if the variance were not requested.
Drainage will be connected to an approved system thereby minimizing
adverse effects on the natural system. Traffic will be no heavier than
that allowed by the density of the zone. The impact of this variance will
be limited to a slight encroachment into the required setback, but less
than what is allowed by Code through a flexible setback variance. There
will be no change in the actual setback of the existing home.
Criteria 5: The hardship related to this variance is brought about
through the limited choice of locating the access drive,the location of the
existing house and the applicants cooperation in limiting the number of
access drives on SW Greenburg Road. The requested variance is the
minimum variance which would alleviate the hardship,since the proposal
relates to an existing structure and does not require eliminating any
additional setback area.
Therefore, staff finds that the requested variance meets the applicable criteria and
is APPROVED.
SECTION V- DECISION
The Planning Division hereby APPROVES Minor Land Partition MLP 94-0003
subject to the conditions listed in Section I at the beginning of this decision,
th THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF
THE EFFECTIVE DATE OF THIS DECISION.
Notice: Notice was posted at City Hall and mailed to:
au
XX The applicant and owners
XX Owners of record within the required distance
XX The affected Citizen Involvement Team
NOTICE OF DECISION MLP 94-0008/VAR 94-0003 - DRENNAN Page 9
•
{ •
mo . •
wtler
..
XX Affected government agencies
2. Final Decision: THE DECISION SHALL BE FINAL ON
7,-5'11/UNLESS AN APPEAL IS FILED.
3. Anneal:Any party to the decision may appeal this decision in accordance
with Section 18.32.290(A) and Section 18.32,370 of the Community
Development Code which provides that a written appeal must be filed
with the City Recorder within 10 days after notice is given and sent.
Appeal fee schedule and forms are available at Tigard City Hall, 13125
SW Hall Blvd., Tigard,Oregon.
The deadline for filing of an appeal is 3:80 p.nae I'' %-9
4. Questions: If you have questions, please call City of Tigard Planning
Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard,
Oregon.
Prepared by: U ` `CP,Arkn1�G-
William D'Andrea Date
Assistant Planner
1 SelApproved by:
Dick Bewersdorff / Date
Senior Planner
w
NOTICE OP DECISION 1VILP 94-0003 I VAR 94.0003 - DRENNAN Page 10
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