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CITY OF" TIGARD
NOTICE OF DECISION
M 87--15
HERBERT AND EVA ELSNER
APPLICATION: A request by Herbert and Eva Elsner (owners) for a Lot Line AdjusLmont to
adjust two parcels of approximatel;. 14,900 and 11,411 square feet into two parcels of
12,900 and 13 411 square feet respec' ively. The property is zoned R--4.5 (Residential,
4.5 units/acre) and is located at 1038S5W 87t'r-. Avenue (1S1 35AA lots 3700 arid 3705) ,
DECISION: Notice is hereby given thr;.t the Planning Director for, the City of tigard has
APPROVED the abovo described application subject to certain conditions. The fi,.dings
and conc�usions on which the Director based his decision are as noted below.
A. FINDING OF FACT
1 . Background
The subject parcels and surrounding properties were annexed to the City of
Tigard from Washington County :,n April 16, 1987. Since then there have been no
other proposals for these parcels reviewed by the Planning Division.
2. Vicinity Information
The subject parcels and parcels to the south and west: are zoned R-4.5
(Rp3idential, 4.5 units/acre) and are Developed with single family residences
with a few undeveloped parcels also present. The parcels to the north are zoned
R-12 (Residential, 12 units/acre) . The 10 unit Deodora Condominium complex is
immediately north of the parcels. Neighboring parcels across 87th Avenue are
zoned CP (Professional Commercial) but are presently developed with single
family residences.
i . Proposal Description and Site Information
Tax lot 3705 is presently 1.1,411 square feet in area and abuts 87th Avenue. Tax
lot 3700 is presently 14,900 square feet and is located 138.6 feet west of
87th. Access is provided to both parcels via Oak Way, a 15 foot wide uoimproved
alley located along the north edge of both parcels. The applicants propose :c
subtract the easternmost section of tax lot 3700 (20 by 100.06 feet) arid add
this area to tax lot 3705. The resultant lots would be 13,411 square feet and
12 ,900 square feet. Access to the parcels would not bre altered by the proposed
lot line adjustment.
Tax lot 3705 is developed with a single family residence. the lot, including
tho area proposed to be added by the present application, is enclosed by a chain
link fence-. Tax lot 3700 is undeveloped and covered with a variety of bushes
and small trues. The parcel' s access, Oak Way, is graveled from SW 87th to tax
lot 3700 and is partially wooded beyond that point. Oak Way is bordered on the
north by a six foot tall wood fence on the Deodora Condominium propert; ,
4. Agency and NPO Comments
'Che Engineering Division reviewed the proposal and made the following comment:
The applicant or future owners of tax lots 3710 and 3705 should consider
initiating proceedings to vacate the existing 1', foot- wide access way which
lies to the north. This portion of Oak Way does not provide access to other
logs and is not adequately sized for, future improvement. If Oak Way is t
vacated and ownership is passed to these parcels, it k+ill be necessary for
tax lot 3705 to obtain an access easement to guarantee continued access.
NOTICE OF DECISION — M 87-15 (ELSNER) — PAGE 1
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B. ANALYSIS AND CONCI.VE:I^N
The proposed lot line adjustment mer.ts the provisions set forth in Chapter 18.162 of
the City of Tigard' z, Community Development Code and conforms with the City's
Ccmprehensive Plan. The proposal also complies with all statutory and ordinance
roquiraments and regulations. Both parcels will meat the 7500 square foot minimum
lot size of the R-4.5 zoning district and the existing home on tax lot 3700 will
continue to comply with all setback requirements. Both parcels will continue to
receive access to SW 87th Avenue via Oak Way.
�:. DECISION
The Plat ing Director approves M 87-15 subject to the following conditions:
1 . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO RECORDING THE LOT
LINE. ADJUSTMENT WITH WASHINGTON COUNTY,
2. A lot line adjustment survey map and legal descriptions shall bN submitted to
the Planning Director far review and approval prior to recording. The City
shall record the necessary documents after approval unless other arrangements
are made with the Director.
3. This approva.. is valid if exercised within one year- of the final decision data
noted below
D. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City Hall and mailed
to:
XX The applicant & owners
XX Owners of re^ord within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
2. Final Decision: THE DECISION SHALL. BE: F.T:NAL ON D_e_cember 1, 1987 UNLESS AN
APPEAL IS FILED. - _
3 . Appeal: Any party to t:,a decision may appeal this decision in accordance with
Section 18.32.290(A) and Section 18.32.370 of the Comm►snity Development Code
which provides that a written appeal must: be t=iled with the CITY RECORDER within
10 days after notice is given and sent.
The deadline for filing of an appeal is 3:30 P.M. December 1, 1987.
4. Questions: If you have any questions, please call the City of Tigard Planning
Department, Tigard City Hall, 13125 SW Hall Blvd. , PO Box 23397. Tigard,
Oregon 97223, 639-4171 .
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PRE PA _ B ry 0 Assiissl,,rd P1 ter D fE
Will A. Mona ian, Director of (:ommunit Development DATE AP ROVED
sb/1909D
NOTICE OF DECISION - M 87-15 (ELSNER) - PAGE 2