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ARU2017-00001 NOTICE OF TYPE I DECISION 94 ACCESSORY RESIDENTIAL UNIT ARU2017-00001 NIX ACCESSORY RESIDENTIAL UNIT � 9 120 DAYS =June 7, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: NIX ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2017-00001 PROPOSAL: The applicant proposes to create a 624-square-foot accessory residential unit within an approved, detached single-family dwelling. Off-street parking will be provided for both the primary and accessory residential units. APPLICANT: David C. Nix 12610 SW 121"Avenue Tigard, OR 97223 OWNER: David C. and Julia A. Nix 12610 S\X,' 121"avenue Tigard,OR 97223 LOCATION: 12610 S`Y' 121st Avenue;WCTNI 2S10313D,Tax Lot 11800 COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential. ZONING DESIGNATION: 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 18.710.020 SECTION II. 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 IV. _�RU2017-00001 NIX_ACCESSORY RESIDENTIAL UNIT Page 1 of 4 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is a flag lot, located behind a frontage lot (12630 SW 121" Avenue; WCTM 2S103BD,Tax Lot 11700) on the west side of SW 121"Avenue. The property was originally approved as Parcel 2 of the Nix Partition (Case No. MLP2005-00013). In addition,the applicant was approved to construct a new detached, single-family residence with an attached garage and paved driveway in May 2016 (Case No. MST2016-00216). The site is zoned R-4.5 (Low-Density Residential), as are surrounding properties. 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-4.5 zone, where detached, single-family dwellings are permitted. 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 an approved 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 proposed primary unit will be 3,202 square feet in size, and the proposed accessory residential unit will be 624 square feet in size. The accessory residential unit is less than 50% of the size of the primary unit,and is below 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 two permanent residents in the accessory residential unit, which meets State Building Code regulations.This standard is met. ARU2017-00001 NIX ACCESSORY RESIDENTLIL UNIT Page 2 of 4 4. Either the primary or accessory residential unit must be owner-occupied; The applicant's narrative states the property owners will occupy the primary unit. This standard is mct. 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. The proposed primary unit will have an 812- square-foot attached garage and paved driveway, 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 south facade,while the front door of the primary residential unit is on the north 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 site plan to determine that both the primary and accessory residential units meet all the development standards for the R-4.5 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: * 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 FEBRUARY 13, 2017 AND BECOMES EFFECTIVE ON FEBRUARY 14, 2017 ARU2017-00001 NIX ACCESSORY RESIDENTIAL UNIT Page 3 of 4 Questions• If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS9tiead-orgov. p �A� February 13,2017 APPROVED BY: Lina Smith Assistant Planner ARU2017-00001 NIX ACCESSORYRESIDENTIAL UNIT Page 4 of 4 APPLICANT MATERIALS RECEIVED City of Tigard FEB 0 6 2017 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD pp = NING/ENGINEERING Y�' Accessory Residential Unit — Type I Application PROPOSAL SUMMARY The owners of record of the subject property-request an Accessory Residential Unit as,described: REQUIRED SUBMITTAL Primary unit area: 1320GI �J� /JET square feet ELEMENTS Accessory Residential wait area: _ � square feet 011Chvner"s Signature/\Written ' An accessory residential unit may not exceed 50 percent of the size of the uthorization primary unit,up to a maximum of 800 square feet. 14itle Transfer Instrument or Deed Accessory Unit will be: Within primary �An addition Site./Plot Plan t2 copies) Owner will occupy: IR Primary unit �AccesAccessoryunit Site/'lot Plan (reduced 8'/z"x 11") Narrative(2 copies)address criteria Total number of off-street parking spaces (min one for each unit):( in 18.710.020 � (av Propertyaddress/location: I 2P 10 5�i� �u _ 71��� Application Fee '5as'Ct. llJ 412 Tax map and tax lot #: 2S 10300 I)k DO U 7 ` ac7dd l Case No.(s): Comprehensive plan/zone designation: Related Case No.(s): Site size: 2-tp (4CXr-6 Application Fee: L Application.Accepted: APPLICANT. �, \ By: ( Date: 0 -(v 17 Name: IP� Vr A lv r� Application Determined Complete: Address: Bv: Date: City/state: 71 6'1 d fd (0 Zip: el IACIAPMAUslen�Lsnd Use Applkatioma ne,c®1/15/2075 Phone:eJl -31 q-Pil Email: v-.--C,Yk iy Qamt6\ ,(JC,Y► PROPERTY OWNER/DEED HOLDER(S)• wine as.Applicant Name: Address: City/state: Zip: Phone: Email: When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. Cityof Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • xvwwtigard-or.gov • 503-718-2421 Page 1 of 2 I THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may he attached to or imposed up n the subject pro er . • 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. SIGNATURES of applicant and each ov�mer of the subject property required. Applicant's signature Print name Date elk h�i --f Owner's signature Print name Date CN� CA c, AN lX 112-y O is signature. Print name Date Owner's signature Print name Date Owner's signature Print name Date ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 Page 2 of 2 Washington County,Oregon 2008-077648 After recording return t0: THIS SPACE RES 091112008 04:06:33 PMD-DBS Cnt=1 Stn=21 RECORDSI Loy Carl Nix 55.00 S5.00 511.00-Total=S21.00 12630 SW 121St Ave Tigard, OR 97223 11111HIEITHIIR 11111111111 I Until a change is requested,all tax statements 01289288200800776480010017 shall be sent to the following address: I.Richard Hobernicht,Director of Assessment and ^. - Taxation and Ex-Curcio County Clerk for Washington -Sw.'l County.Oregon.dohereby certify that the withinDavid C. and Julia A. Nix instrument ofwriting was recelvad and recorded in the12630 SW 12151 Ave took orrecnrtls saidcou ytK. ( ' Jilt Tigard, OR 97223 R'chartl Hobernicht.Director oP Assessment and g Taxation.Ex-O11rclo County Clerk File NO.: Date: Statutory Bargain and Sale Deed Loy C. Nix and Marsha A. Nix and Julia A. Nix, Grantor, convey to David C. Nix and Julia A. Nix, Grantee, the following described real property: Parcels 2 and 3 of Partition Plat 2008-056. The true consideration for this conveyance is $0.00. {Here comply with requirements of ORS 93.030 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195-336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FORSET PRACTICES AS DEFINED IN ORES 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195- 336 AND SECTIONS 5 TO 11, OF CHAPTER 424, OREGON LAWS 2007. Dated t day of &jr 20C-P,) . I Loy C ixMa a A. Nix STATE OF Oregon, County of Washington Subscribed and sworn before me this 11 day of , 20oa . OFFICIAL SEAL Not Public for Oregon ` KATHLEEN A LAUR - NOTARY PUBLIC - OREGON My commission ex Iresi.t—W COMMISSION NO. 419575 MY COMMISSION EXPIRES JUL 24,2011 SEAL Julia A. Nix AMBER D AES STATE OF Oregon, County of Washington NOTARYPUBLIC-0REGON COMMISSION If NYCOMAkSSION EMREAUGUST 2,2009 ji Subscribed and sworn before me this day of 20 . Notary Aission blic for Orego My com expires: kW 12 ST AVENUE 128.251 TO SW 12 - 79.�g,31 SEMENT ! — PRIVATE W ACCESS EA — — STORM S ANp PEDESTRIAN — — CIPROCAL ACCES�S71LIT1' EASEMENTS h 5. PD@LIC B►�yCLE — 1SEWER,R AND PRIVATE — — — _ _ — _ N N � — — _ O — _t 1 l 6ti 31 L4 11 s`O 20 111 Off"� <11ti 23.83 ti 27.83' s1 o v 8.00' cv o 29.00' : 0) 0 N 1 N O , N 8.00 r`� K Z 1 ;+I 10.9' �` by o iryO —� 10.0' N N 89.17' N O rya + 'o 128.25, N 979'31" E SIGNED ON: ' REGISTERED ' CITY OF TIGARD PROFESSIONAL LAND SURVEYOR � Approved by PI a Hing Date: p E p� l Initials: L� N0VEMB�}�G30, 2007 \ N JAMES BURTON BROWN 60379 RENEWS: DECEMBER 31, 2017 CLIENT: LEDGEWOOD STAKEOUT j/ ORIG. PATE: 5-6'16 PARCEL 2, PARTITION PL,4T 2008-056 CENTERLINE CONCEPTS 'DRAWN BY: RLC LAND SURVEYING, INC. CITY OF TIGARD, WASHINGTON COUNTY, OREGON 19376 MOLALLA AVE., SUITE 120 SHEET No. 1 OF 1OREGON CITY, OREGON 97045 SCALE.' 1 20' PHONE 503.650.0188 FAX 503.650.0189 Plotted: 5/06/2016 — 3.'32pm, M.\BUILDER SER VICES\Stakeout Drowing`IPARCEL Z PP2008-056\dwg\STAKE0UTdwg, Layout: Model CITY OF TIGARD Approved by PI nning _ Date: � ll 3/m 9C r DOOR W/I/O 210 X 4/0 Fl> FIX 1 1 I o 0 Storage 1 ' Bat II � 3/0 I I 1 I I I n I 1 j I � I I I I I 1 I I I 1 I I I 1 I I I I -v> 1 I 1 I 1 I I I I � 1 I � 1 I THEATER 1 I 12X19 AVG 1 I 1 I I I � I I 1 I 2/b I I I 1 I 1 I I I I I 19/4X 29 A�G I 1 I I I 1 I I 1 , I � I 2 - 2/6 X 4/0 SN X 4/m 4/0 X 3/�5H I/6 X 4/m FIX (8' PDR PT) FIX 18.710.020 Standards B. Limitations 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 (ARU) is part of the single-family dwelling and shares a common wall with the primary residence. It is separate from the garage. 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 ARU meets the requirements stated above. At just over 600 SF, it is significantly smaller than 50%of the 3100 SF (approx.) of the primary dwelling. 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the state building code; The ARU will have no more than two residents at a time. 4. Either the primary or accessory residential unit must be owner-occupied. The owners will occupy the primary residence. 5. A primary residence in which an accessory residential unit has been created may have only one home occupation; Only one home occupation will occur. 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 ARU will have one dedicated, paved parking space. 7. The front door of the accessory residential unit shall not be located on the front fa4ade of the primary unit unless the door is already existing; The ARU front door is at the rear of the building. 8. There shall be compliance with all development standards established in the base zone. (Ord. 09- 13) All development standards will be met with compliance.