Loading...
ARU2016-00002 NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNIT ARU2016-00002 BAKER ACCESSORY RESIDENTIAL UNIT ■ 1 120 DAYS = March 14, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: BAKER ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit(ARU) ARU2016-00002 PROPOSAL: The applicant proposes to create a 600-square-foot accessory residential unit within an existing, detached single family residence. Off-street parking will be provided for both the original residence and the accessory residential unit. APPLICANT: Shawn Baker 11865 SW Fonner Street Tigard,OR 97223 OWNER: Jennifer May Baker&Shawn Baker 11865 SW Fonner Street Tigard, OR 97223 LOCATION: 11865 SW Fonner Street;WCTM 2S1 0313D,Tax Lot 3800 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ARU2016-00002 BAKER ACCESSORY RESIDENTLU UNIT Page 1 of 3 SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located on the north side of SW Fonner Street, east of SW 121St Avenue and west of SW 116`'' Place. The site is currently occupied by a detached, single-family home, with a two-car garage and paved driveway. The home measures 1,830 square feet in size, according to Washington County Department of Assessment and Taxation's records. 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 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 proposed accessory residential unit will convert 600 square feet of the existing primary unit,which measures 1,830 square feet in size. This proposal will result in an accessory residential unit that is 48% of the size of the primary unit. Therefore,the accessory residential unit is less than 50% of the size of the primary unit, and is below the 800-square-foot maximum. 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's narrative states the number of residents that will inhabit the accessory residential unit will comply with State Building Code. This standard is met. 4. Either the primary or accessory residential unit must be owner-occupied; The applicant's narrative states that the property owners will occupy either the primary or accessory residential 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 no current home occupation permits on file.This standard is met. ARU2016-00002 BAKER ACCESSORY RESIDENTIAL UNIT Pale 2 of 3 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 a 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 west fagade,while the front door of the primary residential unit is on the south 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: 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. THIS DECISION IS FINAL ON NOVEMBER 21, 2016 AND BECOMES EFFECTIVE ON NOVEMBER 22, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSatigard-or.gov. --�- November 21,2016 APPROVED BY: Lina Smith Assistant Planner ARU2016-00002 BAKER ACCESSORY RESIDENTIAL UNIT Page 3 of 3 APPLICANT MATERIALS RECEIVED City of Tigard NOV 14 2015 e COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Accessory Residential Unit — Type IPA'PNRW f8 f'' PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: REQUIRED SUBMITTAL Primary unit area: I Z3 0 square feet ELEMENTS Accessory Residential unit area: 60(Z, square feet Owner's Signature/Written An accessory residential unit mail not exceed 50 percent of the size of the Authorization primary unit,up to a maximum of 800 square feet. lq'T-itle Transfer Instrument or Deed Accessory Unit will be: ®Within primary An addition ,Site/Plot Plan(2 copies) Site/Plot Plan(reduced 8'/z"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 18710.020 Application Fee �ZSO�e>t Property address/location: 1kWk1S> SvJ 1:004-k St-fu�CJ'i- T1(ASU r C k- 9-1Z23 Tai: map and tax lot #: 2510 3 B p 0.3opO ( ) 20t��-rty-y� _ Case No. s: L 1.� = Comprehensive plan/zone designation: L D V Del') Q5", L+�' Related Case Na(s): Site size: Application Fee: Lam/• Application Accepted: APPLICANT: Bv: Date: Name: Application Determined Complete: Address: 11�� �vJ �= 1-4 i tiZ STQ`1- By: �- S Date: City/state: Ti(XI -k) 2 Zip: 212-23 1AoJRPLN\Ws "\Undue Appbcdom nt.auunou Phone:5yl-2F-1 --2-'J l: Email: SA10 _2f-' 6-1n otmn k.tr. PROPERTY OWNER/DEED HOLDER(S)* 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. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page I 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 subjectrn onp=. • 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�plicant and each owner of the subject property required. ;ei—ica.nt's signature Print name Date /wvrnier's signature Print name Date A. Owner's ature Print name Date Owners signature Print name Date Owner's signature Print name Date ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION City of Tigard 1312.5 SXY'Hall Blvd. • Tigard,Oregon 97223 • www tigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2016-070327 RECORDING REQUESTED BY: D-DBS Fidelity National Title Stn=27 S AKINS 08/31/2016 03:22:18 PM $10.00$11,00$5.1X1$20.00 $46.00 I,Richard Hobernicht,Director of Assessment and Taxation and F,. 10200 SW Greanburg Rd,Suite 110 Officio County Clerk for Washington County,Oregon,do hereby Portland,OR 97223 certify that the within Instrument of writing was received and ecorded m the book of recti-ds or said county. GRANTOR'S NAME: Richard Hobernicht,Director of Jennifer May Baker Assessment and l axation,Ex-Officio GRANTEE'S NAME: i L—V L i VE D Jennifer May Baker and Shawn Baker LLLL//// AFTER RECORDING RETURN TO: NOV 14 2016 Jennifer May Baker and Shawn Baker 11865 SW Former Street CITY OF TIGARD Tigard,OR 97223 PLANNING/ENGINEERING SEND TAX STATEMENTS TO: Jennifer May Baker and Shawn Baker 11865 SW Former Street Tigard,OR 97223 R474034 and 2S103BD/03800 11865 SW Fortner Street,Tigard,OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE BARGAIN AND SALE DEED STATUTORY FORM (INDIVIDUAL or CORPORATION) Jennifer May Baker who acquired title as Jennifer A.May,Grantor,conveys to Jennifer May Baker and Shawn Baker,husband and wife,Grantee,the following described real property, situated in the County of Washington,State of Oregon, c 0 Beginning at a paint on the South line of that certain tract of land In Section 3, Township 2 South, Rangel West of the Willamette Meridian, in the City of Tigard,County of Washington and State of Oregon,conveyed O 0 to Ernest L. and Olga C. Blankenship by deed recorded on Page 416, of Book 136, Washington County, 6 Oregon, Deed Records South 89'51' West 500.00 feet from the Southeast comer thereof which beginning CD I point is South 89'51'West 921.00 feet from a 3/4 inch iron pipe marking the center of Section 3;thence North 1& 0'38' East 31.00 feet to an iron rod on the North line of Southwest Fenner Road; thence South 89'27' East `9 86.00 feet along the North line of Southwest Fenner Road to an iron rod and the true point of beginning of the cd C: [` parcel herein described; thence continuing South 89'27' East 88.00 feet along the North line of Southwest O Fortner Road to an Iron rod;thence North 2'28'West 182.00 feet to an iron rod;thence South 88'14'West 278.30 feet to an iron rod;thence South 00'38'West 178.54 feet to an iron road on the North line of Southwest Fortner Road and the true point of beginning of the parcel herein described. The true consideration for this conveyance No Dollars And Nall 00 Dollars($0.00)ito correct vesting. (See ORS a 93.030). ii 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 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. IN WITN S WHEREOF,the undersigned have executed this document on the ate(s)set forth below. Dat : rQ 1AJAk)A, Jennifer May ker Deed(eargwn and Sale-Statutory Form),Legal Printed, 06,30.16 @ 09:46 AM by KW ORD1352.ddc/Updated: 03,25 16 Page 1 OR-FT-FPYM-0152047121045141621766 BARGAIN AND SALE DEED -STATUTORY FORM (continued) State of ©� County of This instrument was acknowledged before me on �1f(�JU 11 -by Jennifer May Baker. Notary Public-State of Oregon My Commission Expires: OFFICIAL STAMP KIMBERLI DAWN WHITE NOTARY PUBLIC-OREGON COMMISSION NO 924416 MY COMMISSION EXPIRES JANUAPY 26,2018 Deed(Bargain and Sale-Statutory Form),Legal Printed:08.30.16 @ 09:46 AM by KW ORD 1352.do I updated: 03.25.16 Page 2 OR-FT-FPYM-01520.471210-45141621768 RECEIVED NOV 14 2016 CITY OF TIGARD PLANNING/ENGINEERING GARD Approved j Planning AA Oate: Initials: L2 ptc Y, W-4-41 MMA ss Q I Q0 5o f CITY O F TIGARD - Approved by Planning I Oate: a NOV 14 2016 i Initials: I-& PCITY Op-' '�NN/NG��NG NRE�t! NG '0 IIS z i � ' II i _ T ��-- \ t I ry Ii i �- MicNow�Vf i �' � `Vj M � i 'I'aSiR 55 �.� s'-,.�•il tt�a 0.rwK^O '.oP.,N N,C REF "3c�_'.:P�f4 i RECEIVE© To: Tigard Building Division NOV 14 20101 From: Shawn Baker CITY OF TIGARD Subject: Section 18.710.020b Standards with Responses PLANNINGI'ENGINEERING Date: 30 Oct 2016 18.710.020 Standards B. Limitations. An accessory residential unit is permitte.; ,-oviding there is compliance with all of the following standards: 1. An accessory residential unit may be created witli, or a.� an addition to a detached single-family dwelling. For the purposes of this )ter, "addition" means the sharing of a common wall with the primary residence. A gar- ; may not be converted to an accessory residential unit unless it is rebuilt as par; ofthe primary structure; The addition will share above six feet ofc•ommon < Lill space with the primary residence, and twentyfeet of common wall space with the c•ii, nt garage. That six feet will have the required one-hour fire wall protection as requirea by state code. No portion of the accessory residential unit will occupy current gartrae space. However, some portion of the current garage space will be converted to a ul; ity/mechanical room in order to collect and consolidate appliances. 2. An accessory residential unit may not exceed 50°i�, ol'the size of the primary unit, up to a maximum of 800 square feet; The total area o0he current residence is 1830,6 2. i he accessory residential unit will have finished dimensions g1'about 20'x30'which i, 000./ . This leaves 1230 ft`' left of primary residence. 50%of*1230 fi- is 615 fi'. Thi Dimensions meat both requirements set forth in the svandard. 3. The number of residents permitted to inhabit the u, ,ssory residential unit is regulated by the state building code; No more than the number allowed by state buildii, code will be allowed to inhabit the accessory residential unit. 4. Either the primary or accessory residential unit mL, : be owner-occupied; Either the primary or accessory residential unit t, he owner-occupied for as long as the property remains owned by myself: 5. A primary residence in which an accessory resides, .tl unit has been created may have only one home occupation; tJ,04,0M€ ocevp,�-Vo-j 1S 8!'v�nmsenr5 pr . . . W,Uarall i 6. In addition to the number of parking spaces requir... for the primary residence, as established in Chapter 18.765, one parking space be provided for the accessory residential unit. This parking space shall be paved ,nd/or covered; One parking space will be provided, and it is c•urr. ,qtly paved The parking space is located on the west side of•the house, and will likes be covered as well at some point during the full remodel of the home. 7. The front door of the accessory residential unit sh., . not be located on the front facade of the primary unit unless the door is already existin--. The front door of the accessory residential unit u; . he located on the west side of the house and is not located on Me.front f wade gf•th,.- . -imary unit. 8. There shall be compliance ssith all development dards established in the base zone. (Ord. 09-13) 1 will comply with all development standards estan„;hed in the base zone. This is why I'm getting permits. Sincerely, Shawn Baker 12, � , � 11 122 A-R-U- dG9001Wwa-80160000 mrrmqu& B -11 n--D U-<E I El ACE E S SO -R-Y- RESID NTIAL UNIT s 'PAIS A 4 i 1 } 1 e 4 4 i fir.(W o '.--d-] s V E C V,- f AAAlr- ' i t G1 _ 6 S .. i 00 i t i _ 1 r s F, i S f CIT ' ..il7fG�GD f Approved by Planning VrOD Date: /l �1 ) REC Initials: LS NOV 14 201 4 CITY 0=TIGARDINE } s T4Gq��