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ARU2017-00002 NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNIT ARU2017-00002 SHAMBLIN ACCESSORY RESIDENTIAL UNIT im 120 DAYS =July 25, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: SHAMBLIN ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit(ARU) ARU2017-00002 PROPOSAL: The applicant proposes to create a 399-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: NW Kitchen Designs,LLC Attn: Grayson Tumlinson 6103 NE St.James Road,Suite E Vancouver,WA 98663 OWNER: Andrew A. &Julie D. Shamblin 10205 SW Murdock Street Tigard,OR 97224 LOCATION: 10205 SW Murdock Street;WCTM 2S111BC,Tax Lot 4900 COMPREHENSIVE PLAN DESIGNATION: R-3.5: Low-Density Residential. ZONING DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes 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. ARU2017-00002 SHAMBLIN 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 located on the north side of SW Murdock Street, west of SW 100`h Avenue and east of SW 103'd Avenue. The property was originally approved as Parcel 1 of the Mitchell and Galich Partition (Case No. MLP2005-00009). In 2010, the City of Tigard Planning Division approved a Lot Line Adjustment for the subject property, in order to accommodate a two-story addition on the west side of the existing single-family dwelling. This addition was approved as an attached garage, with habitable space on the second story (Case No. MST2010-00072). The applicant now proposes to convert this habitable space into a 399-square-foot accessory residential unit. City records show the property was also approved for a Type I Home Occupation Permit in 2014 for online retail sales (Case No. HOP2014-00011). The site is zoned R-3.5 (Low-Density Residential),as are adjacent 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-3.5 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 primary unit is approximately 2,200 square feet in size, and the proposed accessory residential unit will be 399 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; ARU2017-00002 SHAINIBLIN:ACCESSORY RESIDENTIAL UNIT Page 2 of 4 The applicant proposes one permanent resident in the accessory residential unit, which meets State Building Code regulations.This standard is met. 4. Either the primary or accessory residential unit must be owner-occupied; The property owners presently occupy the primary residence, and will continue to do so. This standard is met. 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 one approved Type I Home Occupation Permit on file. This standard is met. 6. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This parking space shall be paved and/or covered; The minimum required off-street parking for the primary residence is one parking space. The accessory residential unit is also required to have one parking space. There is currently a two-car garage and paved driveway on the property, which will provide adequate parking for both the primary and accessory residential units. This standard is met. 7. The front door of the accessory residential unit shall not be located on the front facade of the primary unit unless the door is already existing; The front door of the accessory residential unit is proposed on the front facade of the primary unit, as the door is already existing. 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-3.5 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: X The applicant and owners X Affected government agencies Final Decision: An Accessory Residential Unit is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. ARU2017-00002 SH:AMBLIN ACCESSORY RESIDENTIAL UNIT Page 3 of 4 THIS DECISION IS FINAL ON MARCH 28, 2017 AND BECOMES EFFECTIVE ON MARCH 29, 2017 Ouestions• If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSntigar�d-oror.gov. --� March 28,2017 APPROVED BY: Lina Smith Assistant Planner ARU2017-00002 SIL NIBLIN ACCESSORY RESIDENTIAL UNIT Page 4 of 4 APPLICANT MATERIALS RECEIVED City of Tigard MAR 16 2017 _ COMMUNITY DEVELOPMENT DEPARTMENT TIGARD Accessory Residential Unit — Type IP i Vit"G PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: REQUIRED SUBMITTAL Primary unit area: square feet ELEMENTS Accessory Residential unit area: 9quare feet Owner sSignature/l\%ritten An accessory residential unit may not exceed 50 percent of the size of the Authorization primary unit,up to a maximum of 800 square feet. Title Transfer Instrument or Deed Accessory Unit will be: Within primary � An addition XSite/Plot Plan(2 copies) Site/Plot Plan(reduced 8'/2"x 11") Owner will occupy: Prima"unit Acce.ssorp unit IFS 0 Narrative(2 copies)address criteria Total number of off-street parking spaces (,nin.ane for each miit): L in 18.710.020 VZOy �� L) � Lk Properrn address/location: u��` f-. Application Fee, ataA D r. Gi 7 Z Z 4 Tax map and tax lot #: Case No.(s): A'Rt•lZe7��[��X)Z Comprehens' e plan/zone designation: - J-S Related Case No,(s): Site size: ��.r�� Application Fee: Application Accepted: APPLICANT: By. hc— Date: .-Application Determined Complete: Name: 6sf'-,SO✓\,, ll kw k A SO%A // ��-++ Address: �v t O N r� ��`. Jew• QS `��e (i Bv: �J Date: City/state: \Lo u C oy� W Zip: !g(623 1:u.WwW0&sWnu.nau rAPPk&ao* P"01115nms Phone:3W-77 3-$779Email: PROPERTY OWNER/DEED HOLDER(SY QSame as Applicant ame: I n T»C+'e lam J iJ i e Stic,-VvAblj'kl Address: 41M e GLS e-%.`�y e City/state: Zip: Phone:T1 I-VIG- Z5, mail: i tti dna S ve la r c T►vt v vin 69,53 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. City of Tigard - 13125 SW Hall Blvd. - Tigard,Oregon 97223 - wwactigard-or.gov 0 503-718-2421 - Page 1 of 2 THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject ro rn: • 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 owner of the subject property required. / 1,1 ✓ ` � �y-w�ry►-frow- .3—/-4" A p ' ant's signature Print name Date Jc)L;�e— Wvner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION City of Tigard 13125 S%W Hall Blvd. • Tigard,Oregon 97223 • xvww.tigard-ongov • 503-718-2421 • Page 2 of 2 File No. 16006154 Washington County,Oregon 2016-041162 --— D-OW06/31/2016 01:12:36 PM — Stn=28 A STROM $15.00$11.00$5.00$453.00$20.00 $604.00 -- I,111chard Hobe elcht,01raceer of Assesamonl and Taxadon and Ex- After recording return to omcrocounyClerkfor vvehmytoncouny,Oregon.dohereby Andrew A.Shamblin —orcw in me Wok wfthln orecords or sad—nty.`eCOtvee and Julie D.Shamblin Richard Hobemicht,Director of 10205 SW Murdock St Assessment and Taxation,Ex-Officlo Tigard, OR 97224 Until requested,all tax statements shall be sent to Andrew A.Shamblin Julie D.Shamblin 10205 SW Murdock St Tigard, OR 97224 1 ax Accl Nos: R2147125 Reserved for Recorder's Use STATUTORY WARRANTY DEED Sunchea Phou,Grantor(s)convey and warrant to ANDREW A. SHAMBLIN and JULIE D. SHAMBLIN, as tenants by the entirety, Grantee(s),the following described real property free of encumbrances except as spocifically set forth herein SEE ATTACHED EXHIBIT-A" Subject to and excepting: Covenants,Conditions,Restrictions and Easements of record as of the date of this Deed, and additional Deed exceptions as shown on attached Exhibit"One",which is incorporated herein. The true consideration for this conveyance is$452,500.00(Here comply with requirements of ORS 93.030.) BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 6,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009 AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. Executed this V;?3 day of May,2016. `_ Sunche hou Slate of Oregon,QaGnty o Mullnomah ) ss. This Instrume t wasACk dged before me on this_day of May,2016 by Sunchea Phou. Notary Pub r egon / My commi on expires: OFFIgAL STAMP EVA L SATTI.EY �� NOTARY PUELIC•OREdON MY CONAiC IS$fMOfLj E71plp�g�GUST OJ,7018 RECEIVED MAR 16 2017 OR Dcod•Stalulory Warranly CITY OF TIGARD PLANNING/ENGINEERING NW KITCHEN DESIGNS, LLC RECEIVED 6103 NE ST JAMES ROAD, SUITE E VANCOUVER, WA 98663 MAR 16 2017 360-695-3535 CITY OF TIGARD PLANNING/ENGINEERING March 15, 2017 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: 10205 SE Murdock Street, Tigard, OR 97224 Accessory Residential Unit The proposed Accessory Residential Unit will be in compliance with all of the required standards: 1) The proposed Accessory Residential Unit (ARU) will be constructed within a single-family residence. It is not a garage co version. ti �� 2} The residence TSF is 31 The proposed ARU is 399 TSF. It does not exceed the 50% of the primary residence or exceed 800 TSF. 3) One resident will be occupying the ARU. 4) The primary residence is owner-occupied. 5) The primary residence which the ARU is being created will have only one home occupation. 6) The existing paved parking area provides one parking space for the ARU. 7) The front door of the ARU is located on the front fagade of the primary unit as it is a single front entry. 8) All development standards established in the base zone will be in compliance. Grayson Tumlinson NW Kitchen Designs, LLC 00 cfl W IM 2S I 11B(� Tax Lot 04900 (10205 W Murclock Street) City: Tigard Gg I A 9\2�000 County: Washington C Y f TI.GARD-SITE PLAN REVIEW w BUILGIN +PE IT NO.: , /0- 00 , PLANNI DIV. ION: R CE VES.. Requicecl etb�ac,�.s: ❑'Ap ved [j Not Approved Sade: _ eet S' e: % MAR 16 2011 Front. G ,age.: 7- Rear: r 5� 00 r ' Visual CI ranee: Approved E] Not Approved ITY OFT ARD � Maximum Building H 1g - � feet PLS^ 4G/EN INEERING CWS Service Provi r I-en Required: ® Yes ❑ No 'I ate eived - rJ Date: % d' CITY OF T!GARD ENGINE R1N El`AR1-fAEN '• M Actual SI 5 % Approv ® Not Appr ed Approved by Plan Ing Site Plan- pproved ❑ of roved �� o Date: BY: Dates . � (t) Home Initials' jLZ.)X',d� cQ00Note L / to remain uncha ged. ((e). lot coverage: 2298 SF) -J L -------- 1 ' r��--- Roof Over Hang Approval for 399-square- foot Accessory Residential Unit (ARU) only. ARU will g be located on top of i 1 existing attached garage. 26'-11 7/8" CITY® TIGAR -Srt E�'I<.AIV. V LDING PERMIT NW O: meet Trees: , PtvWWA T ❑ Not Approved 1 5.44' Apppov H A.PproaeQ �51_0r No"; Date: ' 7 J , -------------------- Lno 31 .4 2' P 0JTc�ie §Idg Design Consultants & Assoc SJetTitle Project Manager Project l0 Mitchell Garage Addition PO BOX 6542 Project address: Drawn By Scale Beaverton, Or. 97005 10205 SW Murdock TH 1/4:1-0 I I Reviewed By Drawing No. ----__t_T__---4--_---1 503.270.6128 I Consults Y t Drawing Title Date �/P oJec`�ive Bldg Design Consultants & Assoc. s Site Plan r41)Filo Wrno