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LLA2014-00009 LLA2O14 - 00009 Gianola Lot Line Adjustment NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (LLA) 2014-00009 GIANOLA LOT LINE ADJUSTMENT T I G A R D 120 DAYS = 3/6/2015 SECTION I. APPLICATION SUMMARY FILE NAME: GIANOLA LINE ADJUSTMENT CASE NO.: Lot Linc Adjustment (LLA) LLA2014-00009 PROPOSAL: The applicant is proposing a lot line adjustment affecting two lots, 11550 SW Fonner Street (parcel 1) and 13030 SW 115`h Avenue (parcel 2). The adjustment would increase the square footage of parcel 1 to its original size prior to the lot line adjustment that was approved in 2001. APPLICANT: Caswell/Hertel Surveyers Inc. Albert Hertel 6150 SW 124th Avenue Beaverton, OR 97008 OWNERS OF Jeffery and Shannon Gianola PARCEL 1 & 2: 11550 SW Fonner Street Tigard,OR 97223 LOCATIONS: PARCEL 1: 11550 SW Fonner Street;WCTM 2S103AC,Tax Lot 02600 PARCEL 2: 13030 SW 115`h Avenue;WCTM 2S103DB,Tax Lot 00100 ZONING DESIGNATIONS: R-4.5: low-density residential district. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.410.040. 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. LLA2014-00009 Gianola Lot Line Adjustment 1 CONDITION OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED 1. 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 on the east side of SW Fonner Street and SW 115th ;Avenue. The lots are developed with single family homes. The applicant wishes to adjust the lot line to its original configuration prior to the lot line adjustment approved in 2001 (MIS2001-00002). Proposal Description: The applicant is proposing a lot line adjustment affecting two lots, 11550 SW Fonner Street (parcel 1) and 13030 SW 115`x' :Avenue (parcel 2). The existing parcel 1 is 76,730 square feet and will be 58,570 square feet after the adjustment. The existing parcel 2 is 23,416 square feet and will be 41,576 square feet. "I'he adjustment would increase the square footage of parcel 2 to its original size prior to the lot line adjustment that was approved in 2001. 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 A. 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: 1. 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 arca requirements for the R-4.5 zone, a minimum lot size of 7,500 square feet. This criterion is met. 2. 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. This criterion is met. 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; LLA2014-00009 Gianola Lot Line Adjustment 2 b. 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; c. 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 d. Setbacks shall be as required by the applicable zoning district. Both lots will satisfy the minimum lot width for the R-4.5 zone, conform to setbacks requirements, and both lots have at least 15 feet of street frontage for access. The lot line adjustment does not create a flag lot. This criterion is satisfied. 4. With regard to flag lots: a. 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. b. 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. 5. 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. 6. 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. 7. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access complies with IDC 18.7(15 and is currently in place.This criterion is met. B. 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. C. 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. FINDING: Based on the analysis above, staff finds that the Lot Line Adjustment criteria have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION LLA2014-00009 Gianola Lot Line Adjustment 3 Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Lot Line :\djustment 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 NOVEMBER 17, 2014 AND BECOMES EFFECTIVE ON NOVEMBER 18, 2014. 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. 4t 4 , November 17,2014 APPROVED BY: Ages Kowacz DATE Associate Planner 503-718-2427 agnesk@n,tigard-or.gov LLA2014-00009 Gianola Lot Line Adjustment 4 City of Tigard TIGAR • Lot Line Adjustment — Type I A ' • GENERAL INFORMATION N O V 0 4 2014 PARCEL 1 CITY OF TIGARD Property Address/Location(s): 11550 SW Fonner Street PI ANNING(ENGINEERING Tax Map&Tax Lot#(s):2S103AC 002600 FOR STAFF USE ONLY Site Size: 76,679 s.f.(1.74 acres) Case No.(s): L 2-01`n4-(�(.(.)(J`� Property Owner/Deed Holder(s)*:(Attach list if more than one) Other Case No.(s): Address: 11550 SW Fonner Street Fee: —10 Receipt No.: Fl b 2g t City/State:Ti and O on Zip: 97223 Primary Contact: Jeffrey Gianola Application Accepted By: PC Phone: 503-319-6732 Fax: Date: I 1 PARCEL 2 Date Determined Complete:I I ((1 l l Property Address/Location(s): 13030 SW 1156 Avenue Rev.6/24/2043 I:\CURPLN\Masters\Land Use Application\Lot line Adjustment Tax Map&Tax Lot#(s):2S103DB 00100 App.doc Site Size: 23.416 s.f. Property Owner/Deed Holder(s)*:(Attach list if more than one) Address: 11550 SW Fonner Street REQUIRED SUBMITTAL ELEMENTS City/State:Tigard.Oregon Zip: 97223 (Note:application will not be accepted Primary Contact: Jeffrey Gianola without the required submittal elements) Phone: 503-319-6732 Fax: Applicant*/Agent: 0 Application Form Address: 6150 SW 124th Avenue 0 Owner's Signature/Written Authorization City/State:Beaverton,Oregon Zip: 97008 0 Title Transfer Instrument or Deed Primary Contact: Albert Hertel,Caswell/Hertel Surveyors Inc. Phone:503-644-3179 Fax: 503-644-3179 0 Preliminary Map(2 copies) E-Mail: info(a,chsurveyinc.com _ 0 Site/Plot Plan(2 copies) *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 (Address Criteria in TDC 18.410.040) from the owner or an agent of the owner. The owner(s) must sign this ❑ Filing Fee application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: 2 parcels of 76,679 s.f. and 23,416 s.f. (number) (acreage or square footage) into 2 parcels of 58,570 s.f. and 41,576 s.f. (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 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS, to be considered as part of this application: 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 this application,including the policies and criteria, and understands the requirements for approving or denying the application. /�-04/e ALBERT HERTEL / 4.57/17& 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 /:—...,i _7 JEFFREY GIANOLA /0/27/0/ c/ App t 's S ignature Print Name/Title Dat (//-1).-2.,— a:0-/ G----- SHANNON GIANOLA D 7P/ Applicant's Signature Print Name/Title Date Applicant's Signature Print Name/Title Date Applicant's Signature Print Name/Title 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 WASHINGTON COUNTY SURVEYOR'S OFFICE ACCEPTED FOR FILING PARTITION PLAT 2014-0E3 PARTITION PLAT PARCEL 3 2002-040 (125.48'-P.P.2014-023) ( TO 06„1 PIPE..-.„.c. S19'39'40'E 12546' SITE PLAN NOD ISM FD Ws'MCN ROD FOR JEFFREY AND SHANNONGL4NOLA IN THE NE 1/4 AND THE SE 1/4 OF SECAON 3, L 2S. R. 7W, W.M. rp f/2'MON Roo 7w111 FFIELD ISN 272873 WASHINGTON COUNTY, OREGON G A 1.25•MASHER MELDED TO CED FD T/2 IRON ROD SCALE: 1'-30' OCTOBER 8, 2024 20' 20' arc SR�SM'4,7'54'E 5.00' WELDED ii2 WASNER - V LOT a (SH HITT 0 15 JO 45 60 w ® X Ip-C. ® 589'43.34T 790.62'(191.00 7211) -10 ! Irl 20.00' 17082' a w f! -R I Lor7 LEGEND V1 •� 0 MOMFOUNDBT FOUAS FATED-IRONS FOUND C BENZ WERE SIRIKIl1ENED. �.°,M z ❑ CALCURATED MON PIPE AT CENTER OF SECTION 3,PER SN 7211 14 JO' 45 5 ENGE -25.42' () RECORD SPRING MO/OR DISTANCE BY SURVEY MASER OR PUT NAVE E 1D (1 PROBABLE DIEDN OR FIRST RECORD OF MONUMENTDOC.NO.2001.011157 15.00 §,c,', BY SURVEY AMBER OR PUT MIME EXISTING AREA '. COMP row�yQ' 11.2'. SN SURVEY NUMBER,COUiNTY SURREY RECORDS. 0 3 76.730 Sr.(1.7752 ACRES) LOT 7 w//PC-6478 701.08 PLASTIC CAP INSCRIBED 9 (EXCLW1R:R.O.W.) • PROPOSED AREA 5.&_PARRHONpow��PUS I� 50.370 S.F. 7.14.1.17. ) 0ti-000MY RWD ' DOC.N0.-DOCUMENT WNW/ a /J I RSURVEYOR'S NOTES CALCULATED IRON PIPE ,6 I. REFERENCE M4TERW: Al 00)4728574 OF SECTION h IDT 9 PLA75 P WER MOODS GENESIS NO.3.PP 1996-065 3,PER SN 7211,P.O.B. PP 2002-040,PP 2004-063,PP 2014-023 -C.R.495 N 5/8'MON R00 SURVEY NRA4BER5: 5375.90.57, 6423, 7217, 77714,21257,27267,26550 W roWBERrsaN ES DEEDS:98-098081(Df).2001-021157.2006-033048,2014-023657 $; ka00 PROPOSED 2o4r, N13•10.411 1.87' 2. BASIS OFF 8EAR910: BASED BETWEEN THE FOIAD MOMAIENIS 47 POIR5®MIO PROPERTY LRE (PP 7896-063) ®,PER SN 272287 S.W.FONNER 296.7r'(296.79'-SH 26550) /-/-_ _ '0 59094'(191.05'-SN 26550) Q 15.7.78'(15.5.74'.SN 26350) Q^N STREET ® \N89,1809TI 318.71'(376.80'-SN 9423) 11 --'):\ N(C.R.]68) PIPE 1-1/4"NON PROPERTY ONE COSTING 1 CJI8 FD 5/8'IRON ROD 1\ W 'BURTON LM79EER910" (SD FD ye'MON ROD (SN 5637) 1 700'S2.27T 0.18'(SH 28550) D 72 287 NARRATIVE 1 DE PSAPOSE OF nes SURVEY IS TO MONUMENT A PROPOSED PROPER??UNE ADJUSTMENT 20' 20' fri LOT 4 02001-021157. 04 DE LAND AS DESCRIBED N MAANNGTON 8 8, DEED 000V14047 MM/ERS 2006-a1XN8 5555 ANO 2001-02 7 7 57.FELD WORK BEGAN ON OCTOBER a 2014 IRM B0UMIN STAGY PLS 57791 AND _r° , 00304' a 1 L PLS 2329 AS THE FIELD CREW.A TRIMBLE 5800 TOTAL SU1gN SAS USED FDR ALL Ii N pVT�' fI 75.05 a I _,� p I NOD FOOT 1sT®AS BONG ON THE SPAN R S OF 00C.NO.2001-027757 AND ON NNE 5.2' N69'5Sb9TY PROPERTY UNE $+ i WEST 20.00 FOOT RIGHT-OF-B➢1Y LNIE OF S.W.FORMA S42T7)4 1.8* 115714.740,AVENUE 7� I''� 47.26 �` I Rao> +'RENT(DAS 6E7NG ON DE WESTERLY-NORM LSE OF DOC.N0.2001-021157 ti Y I - 1r1�1 AFD 6E8r4 5.00 FEET EAST OF TIE EAST 20.00 FOOT RIGHT-OF-IW?LIE OF S.W.FCY*ER STREET. Y (41.25.'-SN 26350) Y PER SN 7217. MI fT wwpCFD5/15.IRON ROO'BuRToN ENGPEERNc• t ft v I NEW i00000t 73 Cl]).® AND co FDR THE BOLRDMIY OF 5001.0 )47 {� Z.: DOL.NO.1006.033048 (SH 265501 i TO ESTABLISH PONT®,I NEW RECORD SURE'(SH 28350)C4TANCTH E ALONG E EAST Fgj EXISTING AREA FFFF111f TO UNE OF SW. 1157H*ONE*ONE23,410 S.UOID F. o �,, YYY (EXO. maw).) 10 ESTABUS54 PPM cg).I INTERSECTEDLNE(2/)-()sum LME(11 - 4r.). PE••, I PROPOSED AREA E PRMOSW MKS S ESTABLISHED 46TH A LAE BEIIIEU/MONUMENTS!•)AND 41.4 PER 41,576 SF. CLIENT'S PE1 XA S7280 (EXCLUO9X'R0.6:) NO NEW MONULENIS WERE SET N THS SURVEY. 4 ------EXIANG PROPER??LRE I !AT 711REGISTERED 296.81'(299.0'-SN 25550) 70_OO' 148.59'(148.77'..SH 26550) I 14702'(146.27'_SN 25530) J LAND PROFESSIONAL ® ® 1481752'3611 375131'(376.80'-SH 6423) XIV I ® CASWELL/ SURVEYOR 'BURRTTON ENGINEERING' HERTEL / /��j,r3 L,/ 20' 25' Lor 74 IDT 75 LOT 79 N5P52'3999 0.74'NI 255503 SURVEYORS INC. L.u<<EBI.(P -GS/�(/ 6150 S.W. 124th AVE. "GENESIS NO. 3- I BEAVERTON. OREGON 91008 OREGON (503) 644-3179 JULY 18,1990 ALBERT HERTEL 1898 RENEWS:8130201 5 J08 NO. 8465 WASHINGTON COUNTY SURVEYOR'S OFFICE ACCEPTED FOR FlUNG PARTITION PLAT 2011-023 PARTITION PLAT PIACIL J 2002-040 ®FD IRON P�� (f2�P.20'14.�J) PROPERTY LINE ADJUSTMENT SURVEY HELD(SN 5677) 0 • sem.MON ROD FOR JEFFREY AND SHANNON GL4NOLA W ED 1AN0 TECH' IN THE NE 1/4 AND THE SE 1/4 OF SECTION 3, T. 25, R. 1W, W.M. (DEO 1/2'ICON ROD WRN TETE(SN 27287) WASHINGTON COUNTY, OREGON A 1.25'WASHER WEEDED 10 ®FD 1/2'IRON R00 r` SCALE: 1'-30• OCTOBER 10, 2014 20' 20' 7211) '34'E Soo' MM/11LL TE 1To S HELD :- V'MASHER LOT e r,,// (SN 7211) \ }'� 15 JO 1N % I 511r4J'34'E 190.62'(191.00'-SN 72??) _'b R 8 00 20.00 17902' W Q zI o u. �' LEGEND tar0 MONUMENT FOUND AS NOTED-010143 POUND ui BENT MERE STRAIONRNED. k.4,` ❑ CALMEATED IRON PIPE AT CENTER OF SECTION 3,PER SN 7211 30' () BBEEA INN A 0R DOSTANCE BY SURVEY PLAT MITE }: yta () BY PROBABLE r r ORION OR OR PIAT AMIE RECORD OF MONUMENT DOC.NO.2001-021157yl o p (D—COARUIER POINT NUMBER a1 EXISTING AREA bb4oll X16 p d 7R7 S.F.(1.762 ALINES) /1 LOT 7 6'/PPC—IRM YELLOW HUMBER,SN SURVEY ?NSCRWED R0.:. r` PROPOSED AREA 98._PP PL647 01F PLAMOWING 54?raC. Sf.(I.J4 ACRES) I� (EXCYLIOMD R.0.W.) aft COUNTY READ S DOC.N0.—OOCUNENT NUMBER 0 INg I SURVEYOR'S NOTES CALCULATED MON PIPE H I. REFERENCE WTEIM/L: AT COMER OF SECTION h LOT I PLATS:FONNER WOODS.GENESIS NO.A PP 1966-063 3.PER SN 7211,P.0.8 PP 2002-010,PP 2004-083,PP 2014-023 Nii ®FD5,4'IRON 600 S1/RYEY MNABERS: ?876.6637,6427. 7211. 17714.21257,27217.28550 w t5DEE00 98-098051 (DI),2001-021I57,2008-073044 2014-023855 PROPOSED 2047'•N?310'41'E 1.872. 8195 OF BEARfNO. 34300 BEIIYEEN THE FOUND 140 16E'Ni5 AT POMNIS®AHD PROPEnn LAVE (1W if96-OBJ) ®, PEx SN 27287 S.W.FON210.7?'(200.79'-SN gesso) 1 �(//__ 2_ao0.O 190.94'(191.x5'.5/28550) 7 105.78'(103.74•.3/58550) STREET ® \N6.4eb6�V 318,71'(318.60'-SN 8427)7\ N(CR. 356) IJ+•IRON =TING /IQD PROPERTY UAE I FD 5/8'now R00 ` FD 5/1'MON ROD i`/ w 1 URTON EFId1E(51N0' w 'LAND TECH" I (SN 5637) g,It 1400'52'27T 0.11'(SN 28650) ADD(514 27287) NARRATIVE LOT e0 TN(PURPOSE OF TMS SLMIEY 15 TO MOMMENT A PROPOSED PROPERTY LME AOR.TI3INT 20' 20' IBETWEEN THE LAND AS DESCRIBED IN NIASTANGTON COUNTY OmDOCIMEM RUINERS 2006-033048 's I ANO 20014-0211457.FILO WORK BEGAN ON OCTOBER 4 2014 MIM 894148f71 SGCY PLS 5719?MIO ROBERT WITTE/45 2329 AS TIE FELD CREW.A RUMBLE 5600 TOTAL STATION WAS USED FOR ALL I^ "g ss 1. MEASUREMENTS. 2 _�E7o5TIVG R I 14a0 1O11UENT® KING G ON THE SOWN LMOC E OF D .NO.2001-021157 ANTHE D ON T X �p�'06y PROPERTY LINE ; :EST 20.00 FOOT RIGM-0F-WAY LAW OF S.W.FC48ER STREET/X:. 115111 AVENUE W T-—41.267 ` � yy�' 1 IELD LIOFAMENT C )AS BERN:ON THE WESTERLY-NORM UNE OF GOC.N0.2001-021157 (41.26'-5N 28550) AND PPM 5.00 FEET FAST OF THE EAST 20.00 FOOT RI61/T-OF-WAY NNE OF S.W.NNIER STREET, 2 I- FD SRT MOH ROD $if t, PER SN 7211. >,g^ .. DOC.NO.2006-0330411 (SN 28570) oN�• b�j i5 go AND FOR THE BW/MRY OF DOCUNEM Z% �j EXISTING AREA ry S10 ES1ABLAN Po6?®.I HELD REC060 SURVEY(5N 28.3.70)067ANCE ALONG THE EAST 23.418 SF. 0 itt Y (OCCLUDING MOM.) PPPPIIII R1CFIT-OF-WAY LAE OF S.W. 115714 4896.6 fi ES7ABLIS1 PORT(B).I INTERSECTED LME®-()W1111 LINE Q') - Cs. 1 "1 I PROPOSED AREA 1K PROPOSED LME WAS 0074662860?REM A LAE BETIT EN MONUMENTS 4E-f ANO 371.PER i 41,576 SP h (ENCLL0I15 R.O.W.) 1. CLIENYS SPECJFICATTONS. U7 NO NEW MONUMENTS MINE SET R THIS SURVEY. --------.....061RC PROPERTY UNE _ I 79 REGISTERED __ x'61 (x'06-SN 28550) PROFESSIONAL 20.00' / 149.56'(149.77'-SN 28550) I 14702'(148.27-SH 28550) Jay LAND SURVEYOR ® ® 666.62'3619 3188?'(3166x'-SN 6423) ® I - ®Row RODl/I/' CASWELL/ :7FPL�'BLIR10N - 1./j HERTEL 20' 25' Nor r4 IDT 76 IDr 7e MP52's61Y 0.74'NV 26550) SURVEYORS INC. .,.i f .//// 6150 S.W. 124th AVE. 'GENESIS N0. 3' I BEAVERTON, OREGON 97008 OREGON (503) 644-3179 JULY 16,7980 ALBERT HERTEL 1896 RENEWS:8/30/2015 I JOB NO. 8465 Lot Line Adjustment Narrative Tax lot 2s103DB 00100 Property Address: 13030 SW 115th Avenue Tigard, Oregon 97223 Owner Jeffrey and Shannon Gianola 11550 SW Fonner Street Tigard, Oregon 97223 Current Zoning: R-4.5 Tax lot 2s103ac 02600 Property Address: 11550 SW Fonner Street Tigard, Oregon 97223 Owner Jeffrey and Shannon Gianola 11550 SW Fonner Street Tigard, Oregon 97223 Current Zoning: R-4.5 1 The purpose of this application is to adjust the property line between the properties located at 13030 SW 115t Avenue and 11550 SW Fonner Street. The properties are both owned by Jeffrey and Shannon Gianola and it is their desire to increase the square footage of the 13030 SW 115th Avenue to its original lot size prior to a lot line adjustment in 2001. 18-410.040 Approval Criteria A. Approval criteria. The director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: 1. 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 PARCEL IS CREATED AS PART OF THIS APPLICATION. THE MINIMUM REQUIRED LOT AREA FOR THE CURRENT ZONING (R-4.5) IS 7,500 SQUARE FEET. THE ADJUSTED LOT AREA WILL BE 58,570 SQUARE FEET. 2. 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. THE EXISTING RESIDENCE LOCATED ON 11550 SW FONNER STREET WILL SATISFY THE MINIMUM SETBACK REQUIREMENT OF 5 FEET (SEE SITE PLAN ATTACHED). 3. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; THE MINIMUM REQUIRED LOT WIDTH FOR THE CURRENT ZONING (R-4.5) IS 50 FEET. THE ADJUSTED LOT WIDTH WILL (AT NARROWEST POINT) WILL BE 175.04 FEET. b. 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; THE MINIMUM REQUIRED LOT AREA FOR THE CURRENT ZONING (R- 4.5) IS 7,500 SQUARE FEET. THE ADJUSTED LOT AREA WILL BE 58,570 SQUARE FEET. 2 c. 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 NO NEW LOT IS BEING PROPOSED AS PART OF THIS APPLICATION AND EACH OF THE INVOLVED PROPERTIES HAVE A STREET FRONTAGE GREATER THAN THE MINIMUM REQUIREMENT OF 15 FEET(SEE ATTACHED SITE PLAN). d. Setbacks shall be as required by the applicable zoning district. BOTH SUBJECT PROPERTIES MEET THE MINIMUM REQUIRED SETBACKS FOR THE CURRENT ZONING OF R-4.5 4. With regard to flag lots: a. 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. b. 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 10 feet of an abutting lot in accordance with Section 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. NEITHER OF THE SUBJECT PROPERTIES OF THIS APPLICATION IS A FLAG LOT. 5. 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 PROPOSED CHANGE TO THE ACCESSES OF EITHER OF THE SUBJECT PROPERTIES. 6. 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. BOTH SUBJECT PROPERTIES HAVE INDIVIDUAL ACCESS AND/OR DRIVEWAYS TO SW 115TH AVENUE AND SW FONNER STREET. 3 7. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress,and Circulation. BOTH SUBJECT PROPERTIES HAVE INDIVIDUAL ACCESS AND/OR DRIVEWAYS TO SW 115TH AVENUE AND SW FONNER STREET. 'THERE IS NO PROPOSED CHANGE TO THE ACCESSES OF EITHER OF THE SUBJECT PROPERTIES. B. 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. C. 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. (Ord. 09-13) THERE ARE NO VARIANCES BEING PROPOSED AS PART OF THIS LOT LINE ADJUSTMENT APPLICATION. 4 BARGAIN/SALE DEED-STATUTORY FORM FOR PROPERTY LINE ADJUSTMENT JEFFREY W. and SHANNON L. GIANOLA- -GRANTOR and JEFFREY W. and SHANNON L. GIANOLA - -GRANTEE After recording return to: JEFFREY W. and SHANNON L. GIANOLA 11550 SW FONNER ST TIGARD, OR 97223 Until a change is requested, all tax statements shall be sent to the following address: JEFFREY W. and SHANNON L. GIANOLA 11550 SW FONNER ST TIGARD, OR 97223 PROPERTY LINE ADJUSTMENT DEED JEFFREY W. GIANOLA and SHANNON L. GIANOLA, owner of that certain tract of land described in Washington County deed document number 2001 -021157, herein referred to as the GRANTOR, conveys to JEFFREY W. GIANOLA and SHANNON L. GIANOLA, owner of that certain tract of land described in Washington County deed document number 2006-033048, hereinafter referred to as the GRANTEE, the following real property situated in Washington County, Oregon, to-wit : SEE EXHIBIT "A" The intent of this deed is to adjust the property line between Grantor' s and Grantee ' s property, creating two new property descriptions which are described on Exhibit "B" - Grantor' s new description, and Exhibit "C" - Grantee ' s new description. The true consideration for this conveyance of $0.00 which the receipt is acknowledged by the GRANTOR BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER CHAPTER 1 , OREGON LAWS 2005 (BALLOT MEASURE 37 (2004) & 47) . THIS INSTRUMENT DOES 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 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1 , OREGON LAWS 2005 (BALLOT MEASURE 37 (2004) ) . Dated this day of , 2014. GRANTOR: JEFFREY W. GIANOLA SHANNON L. GIANOLA GRANTEE: JEFFREY W. GIANOLA SHANNON L. GIANOLA STATE OF OREGON ) )ss. COUNTY OF ) This instrument was acknowledged before me on , 2014, by JEFFREY W. GIANOLA AND SHANNON L. GIANOLA. By Notary Public for Oregon EXHIBIT "A" TRANSFER TRACT A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP INSCRIBED "LAND TECH" MARKING THE SOUTHWEST CORNER OF LOT 9 "FONNER WOODS" AND THE NORTHWEST CORNER OF LOT 80 "GENESIS NO. 3" , BOTH BEING DULY RECORDED PLATS IN WASHINGTON COUNTY PLAT RECORDS; THENCE SOO°53'04"W, ALONG THE WEST LINE OF LOTS 79 AND 80 OF SAID "GENESIS NO. 3", A DISTANCE OF 139.96 FEET TO A POINT FROM WHICH A 5/8 INCH IRON ROD INSCRIBED "BURTON ENG" BEARS N89°52'36"W 0.74 FEET; THENCE N89°52'36"W, ALONG THE NORTH LINE OF LOTS 75, 76 AND 79 OF SAID PLAT OF "GENESIS NO. 3" , A DISTANCE OF 147.02 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 2006-033048; THENCE ALONG THE EASTERLY BOUNDARY OF SAID DOCUMENT NUMBER 2006-033048 THE FOLLOWING THREE (3) COURSES, N00°52' 27"E 81 .20 FEET, S89°55'09"E 41 .28 FEET, AND N00°52'27"E 58.87 FEET TO A POINT ON THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 98-098081 ; THENCE S89°48'09"E, ALONG THE SOUTH LINE OF SAID DOCUMENT 98-098081 , A DISTANCE OF 105.76 FEET TO THE POINT OF BEGINNING. REFERENCE IS MADE TO A SURVEY BY ALBERT HERTEL DATED OCTOBER 10, 2014 AND RECORDED IN WASHINGTON COUNTY SURVEY RECORDS, AND BY SAID REFERENCE IS MADE A PART HEREOF. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 18, 160 SQUARE FEET, MORE OR LESS. EXHIBIT "B" GRANTOR'S NEW DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE RECOGNIZED CENTER QUARTER CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE OF S.W. FONNER ROAD (C.R. 495) ; THENCE NOO°50'38"E, ALONG SAID ROAD CENTERLINE, A DISTANCE OF 175.07 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF THE LAND AS DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 98-098081 , SAID POINT BEARS N89°43'34"W 25.00 FEET FROM A 1 /2 INCH IRON ROD; THENCE S89°43 '34"E, ALONG THE MOST WESTERLY-NORTH LINE OF SAID DOCUMENT 98- 098081 , A DISTANCE OF 190.92 FEET TO A 1 /2 INCH IRON ROD; THENCE N01 °20' 12"E, A DISTANCE OF 53.26 FEET TO A 1 (ONE) INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF PARTITION PLAT 2014-023, A DULY RECORDED PLAT IN WASHINGTON COUNTY PLAT RECORDS; THENCE S89°39'40"E, ALONG THE SOUTH LINE OF SAID PARTITION PLAT 2014-023, A DISTANCE OF 125.48 FEET TO THE SOUTHEAST CORNER THEREOF, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 6 "FONNER WOODS" , A DULY RECORDED PLAT IN WASHINGTON COUNTY PLAT RECORDS; THENCE SO0°53 '04"W, ALONG THE WEST LINE OF SAID "FONNER WOODS", A DISTANCE OF 227.76 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP INSCRIBED "LAND TECH" MARKING THE SOUTHWEST OF SAID PLAT OF "FONNER WOODS" , BEING ALSO THE SOUTHEAST CORNER OF SAID DEED DOCUMENT 98-098081 ; THENCE N89°48'09"W, ALONG THE SOUTH LINE OF SAID DOCUMENT 98-098081 , A DISTANCE OF 316.71 FEET TO THE POINT OF BEGINNING. REFERENCE IS MADE TO A SURVEY BY ALBERT HERTEL DATED OCTOBER 10, 2014 AND RECORDED IN WASHINGTON COUNTY SURVEY RECORDS, AND BY SAID REFERENCE IS MADE A PART HEREOF. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 58,570 SQUARE FEET (1 .42 ACRES) , MORE OR LESS. EXHIBIT "C" GRANTEE'S NEW DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE RECOGNIZED CENTER QUARTER CORNER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE CENTERLINE OF S.W. FONNER ROAD (C.R. 495) AND THE SOUTHWEST CORNER OF LAND AS DESCRIBED IN WASHINGTON COUNTY DEED DOCUMENT NUMBER 98-098081 ; THENCE S89°48 '09"E, ALONG THE SOUTH LINE OF SAID DOCUMENT 98-098081 , A DISTANCE OF 316.71 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP INSCRIBED "LAND TECH" MARKING THE SOUTHEAST CORNER OF SAID DOCUMENT 98-098081 AND NORTHWEST CORNER OF LOT 80 "GENESIS NO. 3" , A DULY RECORDED PLAT IN WASHINGTON COUNTY PLAT RECORDS; THENCE S00°53 '04"W, ALONG THE WEST LINE OF LOTS 79 AND 80 OF SAID PLAT OF "GENESIS NO. 3", A DISTANCE 139.96 FEET TO A POINT FROM WHICH A 5/8 INCH IRON ROD INSCRIBED "BURTON ENG" BEARS N89°52'36"W 0.74 FEET; THENCE N89°52'36"W, ALONG THE MOST WESTERLY-NORTH LINE OF SAID PLAT OF "GENESIS NO. 3" , A DISTANCE OF 316.61 FEET TO A POINT ON THE CENTERLINE OF S.W. 115m AVENUE (C.R. 358) ; THENCE NOO°50138"E, ALONG THE SAID CENTERLINE, A DISTANCE OF 140.37 FEET TO THE POINT OF BEGINNING. REFERENCE IS MADE TO A SURVEY BY ALBERT HERTEL DATED OCTOBER 10, 2014 AND RECORDED IN WASHINGTON COUNTY SURVEY RECORDS, AND BY SAID REFERENCE IS MADE A PART HEREOF. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 41 ,576 SQUARE FEET (1 .02 ACRES) , MORE OR LESS. Ag nes Kowa cz From: Greg Berry Sent: Monday, November 17, 2014 4:12 PM To: Agnes Kowacz Subject: RE: LLAJOl4'O0009 No issues except if this anticipates a partition, might want to look at the new access. From: Agnes Kowacz Sent: Monday, November 17, 2014 4:01 PM To: Greg Berry Subject: FW: LLA2O14'00009 Please take a look and let me know if you have any issues. I would like to get this out this week. Thanks, Agnes From: Agnes Kowacz Sent: Thursday, November 06, 2014 10:21 AM Tm: john.wo|ffgatvfr.com; Greg Berry Smbheu±: LLA2014'000O9 Good morning- Please provide comments by 11/13. orning'P|easeprovidecommentsby1l/1J. I don't think that you will have anything. • Greg- Both parcels are on sewer (no septic). Thanks, Agnes Kowacz I Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503.7182427 agnesk@tigard-or.gov DISCLAIMER: E-rnails sent or received by City of Tigard employees are subjectto public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules ''City General Records Retention Schedule." 1 Agnes Kowacz From: Wolff, John F. <John.Wolff@tvfr.com> Sent: Thursday, November 13, 2014 4:50 PM To: Agnes Kowacz; Greg Berry Subject: RE: LLA2014-00009 TVF&R has no objections to this application. John Wolff I Deputy Fire Marshal II Tualatin Valley Fire & Rescue Direct: 503-259-1504 www.tvfr.com From: Agnes Kowacz [mailto:AgnesKCatigard-or.gov] Sent: Thursday, November 06, 2014 10:21 AM To: Wolff, John F.; Greg Berry Subject: LLA2014-00009 Good morning- Please provide comments by 11/13. I don't think that you will have anything. Greg- Both parcels are on sewer(no septic). Thanks, Agnes Kowacz I Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 503.718.2427 agnesk@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1