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ARU2017-00003 NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNIT ARU2017-00003 MEEKER ACCESSORY RESIDENTIAL UNIT 120 DAYS =July 25,2017 SECTION I. APPLICATION SUMMARY FILE NAME: MEEKER ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit(ARU) ARU2017-00003 PROPOSAL: The applicant proposes to create an 800-square-foot accessory residential unit as an addition to an existing detached, single-family dwelling. Off-street parking will be provided for both the primary and accessory residential units. APPLICANT: Tim Meeker 11180 SW Errol Street Tigard,OR 97223 OWNER: Meeker Living Trust Attn: Andrew Meeker 345 W 145`h Street New York,NY 10031 LOCATION: 11180 SW Errol Street;WCTM 2S103AD,Tax Lot 507 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. ARU2017-00003 MEEKER 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 south side of SW Errol Street, east of SW 113`' Place, and west of SW Fonner Street. The site is currently occupied by a detached, single-family home, with an attached two-car garage and paved driveway.The applicant's narrative states the home is 2,050 square feet in size. City records show the property was approved for a Type I Home Occupation Permit in 2002 for an office associated with a construction business (Case No. HOP2002-00042). No other land use approvals were found that affect the property.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 as an addition to an existing 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 2,050 square feet in size, and the proposed accessory residential unit will be 800 square feet in size. The accessory residential unit is less than 50% of the size of the primary unit,and meets 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. ARU2017-00003 MEEKER ACCESSORY RESIDENTIAL UNIT Page 2 of 4 4. Either the primary or accessory residential unit must be owner-occupied; The applicant's narrative states that the property owners will occupy the primary unit. 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 off-street parking requirement for the primary residence is one parking space. The accessory residential unit is also required to have one parking space. The primary unit currently contains a two-car garage, and the applicant proposes to construct a one-car garage that will be attached to the accessory residential unit. Accordingly, staff finds there is adequate parking for both the primary and accessory residential units at the subject site. 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 applicant states the front door of the accessory residential unit will be located 35 feet behind the front facade of the primary unit,on a separate wall plane. 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: 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. ARU2017-00003 MEEKER ACCESSORY RESIDENTIAL UNIT Page 3 of 4 THIS DECISION IS FINAL ON JUNE 7, 2017 AND BECOMES EFFECTIVE ON JUNE 8, 2017 Questions• If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS&dgard-or.gov. _ Tune 8, 2017 APPROVED BY: Lina Smith Assistant Planner ARU2017-00003 MEEKER ACCESSORY RESIDENTIAL UNIT Pale 4 of 4 APPLICANT MATERIALS RECEIVED City of Tigard MAY 17 2017 COMMUNITY DEVELOPMENT DEPARTMENT ' CITY41FAl"ation ARD , Accessory Residential Unit — Tib E PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: REQUIRED SUBMITTAL Primary unit area: 2050 square feet ELEMENTS Accessory Residential unit area: 800 square feet Owner's Signature/Written " An accessory residential unit may not exceed 50 percent of the size of the r` Authorization primary unit,up to a maximum of 800 square feet. Title Transfer Instrument or Deed Accessory Unit will be: ❑ Within primary ❑✓ An addition Site/Plot Plan(2 copies) Site/Plot Plan(reduced 8'/,"x 11') Owner will occupy: ❑✓ Primary-unit ❑ Accessory unit Narrative(2 copies)address criteria Total number of off-street parking spaces (min.one for each unit):_ in 18.710.020 Application Fee Property address/location: 11180 SW Errol St Tiqard OR 97223 FOR STAFF USE ONLY Tax map and tax lot #: tax lot: 2S103AD0057 r� Qd�-0� Case No.(s): Comprehensive plan/zone designation: R -4.5 Related Case No.(s): Site size: .48 AC Application Fee: Application Accepted: ti, ��* APPLICANT: By:� Date: Name: Tim Meeker Application Determined Complet Address: 11180 SW Errol St By: �- S' Date: City/state: Tigard OR /ip: 97223 I:\CURPLN\Masters\Land Use Applications Rev.01/15/2015 Phone:971.226.7827 Email:timmeeker(E�live.com PROPERTY OWNER/DEED HOLDER(S)* ❑Same as Applicant Name: Andrew Meeker Address: 345 West 145th Street City/state: New York, NY Zip: 10031 Phone: 503.806.9563 Email: Andrewrmeeker@aol.com 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 • www.tigard-orgov • 503-718-2421 Page 1 of 2 I THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or iinp sed upon the subject propcm. • 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. Tim Meeker �Ci7 Applicant's signature Print name Date &4KJ-- Andrew Meeker 5/12/2017 Owner's signature Print name Date Kathleen Amanda Elaine Meeker 5/12/2017 Owner's signature Print name Date Owner's signature Print name Date Owners signature Print name Date ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www:dgard-or.gov • 503-718-2421 • Page 2 of 2 RECEIVED May 14, 2017 MAY 17 2011 CITY OF TIGARD City of Tigard PLANNING/ENGINEERING Community Development Department 13125 SW Hall Blvd. Tigard, Oregon 97223 To whom it may concern, This letter is to authorize Tim Meeker, as the lessee in possession of 11180 SW Errol Street, in Tigard Oregon, to make an Accessory Residential Unit application on behalf of the owner, Andrew R Meeker and the co owner, Kathleen A Meeker. Thank you for your time, and please feel free to call if you have any questions or concerns. My phone number is 503-806-9563. Andy Meeker OwnerDates/l41 17 44� ------ - oe Cc Owner �_ __ ___ Date /%4/ — Washington County,Oregon 2017-037729 D-DW Stn=O S AKINS 05/1212017 10:22:39 AM File No.: 17-83742 $20.00$11.00$5.00$20.00$230.00 $286.00 I,Richard Hobe rnicht,Director of Assessment and Taxation and Ex- Grantor Officio County Clerk for Washington County,Oregon,do hereby certify that the within Instrument of writing was received and Meeker Living Trust,dated March 31, 2000 recorded in the book of records of said county. 11180 SW Errol Street Richard Hobernicht,Director of Tigard, OR 97223 Assessment and Taxation, Ex-Officio Grantee Andrew R. Meeker and Kathleen A. Meeker 345 W 145th Street#8C3 New York NY 10031 After recording return to Andrew R. Meeker and Kathleen A. Meeker 345 W 145th Street#8C3 New York,NY 10031 Until requested,all tax statements shall be sent to Andrew R. Meeker and Kathleen A. Meeker 345 W 145th Street#8C3 New York, NY 10031 Tax Acct No(s): R470831 T Reserved for Recorder's Use STATUTORY WARRANTY DEED Tim Meeker and Jane Ann Meeker, Trustees of The Meeker Living Trust, dated March 31, 2000, Grantor(s)convey and warrant to Andrew R. Meeker and Kathleen A. Meeker, Grantee(s), the real property described in the attached Exhibit A, subject only to those liens and encumbrances set forth on the attached Exhibit B. The true consideration for this conveyance is $230,000.00. (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 8, 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 N 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 �O PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO C... 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. 1 67 42 L.L Page 1 of 4 Executed this day of May, 2017 Meeker Living Trust, dated March 31, 2000 Tim Meeker,Trustee Jane Ann Meeker, Trustee STATE OF OREGON COUNTY OF J _S This instrument was acknowledged before me this day of May, 2017 by Tim Meeker and Jane Ann Meeker, as Trustees of Meeker Living Trust, dated March 31, 2000, on behalf of the Trust. 4 Notary Public for Oregon My Commission Expires: OFFICIAL STAMP SHARON CHRISTINE BOiIIJUM NOTARY PUBLIC-OHEWN COMMISSION NO,961254 MY COMMISSION EXPIRES APRIL 09.2021 Page 2 of 4 EXHIBIT "A" LEGAL DESCRIPTION Lot 10, Plat of Echo Heights, in the City of Tigard, County of Washington, and State of Oregon, and being described as follows: Beginning at a point which is South 0°57'00" West a distance of 20.00 feet and South 89°13'00" West a distance of 173.61 feet from the Northeast corner of said Lot 10, and running thence South 89°13'00" West on the South right-of-way line of S.W. Errol Street a distance of 112.87 feet to a point; thence South 057'00" West a distance of 182.28 feet; thence North 89°13'00" East a distance of 112.87 feet; thence North 0°57'00" East a distance of 182.28 feet to the Point of Beginning. Page 3 of 4 EXHIBIT "B" Exceptions 1. Agreement, including the terms and provisions thereof: Regarding Private access maintenance Recorded : October 7, 1982 Recording No(s). : 82-026133 Page 4 of 4 112'-0 l/8" r - - - - - - - - - - - - - - -� I u� CITY OF TIGARD Approved by Planning t4'-"' '-w'b"' h Date: Initials: �. S ► m h -- 10'•5" 14' 10' I 71'•3 7I6" \ .� N QP Q ` `I �I �I I1 I y ITAX LOT:25103AUNS07 48 AG 1 I I IN I I I I L — 112'-0 l/8" a� — —-- 111 bO 11180 5lN ERROL 5T J 11180 SW Errol St RECEIVED MAY 17 2017 18.710.020 Standards OF TIGARD TY B. Limitations. pLANNI NG/ENGINEERING 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 proposed ARU shares a common wall with the primary unit at the south west corner creating an addition at the rear of the property. The primary unit's garage is not part of the ARU. 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 2050 square feet. The ARU is 800 square feet. The ARU is 39%of the primary unit square footage.The ARU,at 800 square feet does not exceed the maximum allowed. 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 residences at one Unit 4. Either the primary or accessory residential unit must be owner-occupied; I he primary unit will be occupied by Andrew and Kathleen Meeker (Owners) The ARU will be occupied by Tim and Jane Meeker (Owners parents) 5. A primary residence in which an accessory residential unit has been created may have only one home occupation; Accessory Residential Units 18.710-2 AP Update: 2/14 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 has an enclosed garage to provide parking for this unit. 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 ti urit dour of the ARU is not on aye front fa4ade of the primary unit.The ARU front door is 35' back on a separate plane. 8.There shall be compliance with all development standards established in the base zone. (Ord.09- 13) Design and construction of the ARU will meet all state and city standards for this base zoo . 112'-0 7/8" I N 0 28' 14'-5 314" 13'-b 1/4"' 4'-4"'t - 1 Q` �v�RCN I J LIVING q- \ BEDROOM 0 di� Y' KITCHEN Ice - � I 'EXI5TING TWO LEVEL HOME, `�� \\2050 50 FT _ -- X, y� �� , � �� 10'-5" 14'— QP 21'-3 718" C) QP cp = 1 1 � TAX LOT:25103AP00501 8 Ab AG � t I � N 1 i RECEIVED , CITY OF TIGARD MAY 17 2017 1 Approved by Pla ning CITY OF TIGARD Date: PLANNING/ENGINEERING Initials: L S 1 � 112'-0 101 - - - 11180 SN E RROL 5T i Ifrr�, SII iP� c � Approvedi s ining Initials: �'��i �i i � �. W FRONT � r ' ---------- BACK ] III IH iiiii 11 Dat ` �ry�� FgQ nita , s N �I O II ❑ I � I 'i i I �. I�, ISI , III MHUM , i I uillHim11111111mmill '� w LEFT SIDE EXI5TING i ARU CITY C! TIGARD ,= Approve' by Planning ■ Date: (tel . �■ Initials: ■ FRONT VIE,V� SHOVING THE CONNECTION OF THE PRIMARY RESIDANCE AND THE ARU LU ARU EX15T1 N r— BACK VIEN SHONING THE CONNECTION OF THE PRIMARY RESIDANCE AND THE ARU