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ARU2017-00004 NOTICE OF TYPE I DECISION r ACCESSORY RESIDENTIAL UNIT ARU2017-00004 TOEWS ACCESSORY RESIDENTIAL UNIT . 120 DAYS = September 28, 2017 SECTION I. APPLICATION SUMMARY FILE NAME: TOEWS ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2017-00004 PROPOSAL: The applicant proposes to create an 800-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: Jordan&Megan Toews 12183 SW Plantation Terrace Tigard,OR 97223 OWNER: Same as applicant LOCATION: 12183 SW Plantation Terrace;VICTM 2S103CC,Tax Lot 15800 COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential. ZONING DESIGNATION: R-4.5 (PD) Low-Densit;, 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. ARU2017-00004 TOEWS ACCESSO RY RESIDENTIAL UNIT Page 1 of 4 SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located on the north side of Six'Plantation Terrace,west of SW 121" Avenue, and east of SW 124`h Avenue. The site is currently occupied by a detached, single-family home, with a detached, two-car garage, and paved driveway. The applicant's site plan shows the existing home is 3,318 square feet in size. The subject property is Lot 3 of the Plantation Estates Planned Development (Case No. PDR2014-00002, SUB2014-00005), which was approved by the City of Tigard Planning Commission in January 2015. This approval was for three new single-family lots,with the preservation of the existing home on Lot 3. The site is zoned R-4.5 (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-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 primary unit is approximately 3,318 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 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; ARU2017-00004 TOEWS_ACCESSORY RESIDENTIAL.UNIT Page 2 of 4 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 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. There is currently a detached, 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 facade,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 JUNE 5, 2017 AND BECOMES EFFECTIVE ON JUNE 6, 2017 ARU2017-00004 TOEWS ACCESSORY RESIDENTIAL UNIT Page 3 of 4 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS_,tiga_ rd�-or.gov. _lune 5. 2017 APPROVED BY: Lina Smith Assistant Planner ARU2017-00004 TOEWS ACCESSORY RESIDENTIAL.UNIT Page 4 of 4 APPLICANT MATERIALS RECEIVED City Of Tigard MAY 0 3 2017 _ COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD Accessory Residential Unit — Type I �"ppiication G PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: a REQUIRED SUBMITTAL Primary unit area: �5 I e) square feet ELEMENTS Accessory Residential unit area: eoo square feet (4Clwner s Signature/Written 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: RV%Vithin primary E] (�i An addition Site/Plot Plan(2 copies) te/Plot Plan(reduced 8`/2"x 11") Owner will occupy: R Primary unit ❑ Accessory unit —/ 6 ftp'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: UiS5 54J PI.AAI7,47'1oN IEQRAGc � F#C.AR0 OK 9-'ZZ3 FOR STAFF USE ONLY Tax map and tax lot #: Z5101 LC I5'800 U�`-�_OWO4 Case No.(s): t'/1[R Comprehensive plan/zone designation: Related Case No.(s): Site size: 0,31 AcAIES Application Fee: c��6 •w Application Accepted: APPLICANT: By: K� C Date: 30 Name: JOA0 4AI � MEGAN TO EtJS Application Determined Complete: Address: 1 Zl 63 5 W. PtAN Ti4nory 7'ERa4tE By: 42S Date: City/state: T G AQ D zip: GR 1ACURPUAMasters\Land Use Applications Rev.01/15/2015 Phone: 360-570-9311 Email: IM14 @ thit.fbeWS. Gorr PROPERTY OWNER/DEED HOLDERS) Wsame 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 • www.tigard-or.gov • 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 property. • 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. jcbigDAN JUAZ Z5 Aff6licant's signature Print name Date Maky /aEw S /ICY z 2-0,7 Ow>;� gnature 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 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Lawyers Title of Oregon, LLC 1915 NW Amberglen Parkway,Ste 155,Beaverton,OR 97006 Phone:(503)297-8084 1 FAX:(503)645-7442 FINAL BUYER'S STATEMENT Settlement Date: April 24,2017 Escrow Number: 371700219 Disbursement Date: April 24,2017 Escrow Officer: Krista Thorne Buyer: Jordan Toews and Megan Toews 6610 SW Terri Court,#10 Portland,OR 97225 Seller: Westwood Homes,LLC 12700 NW Cornell Road Portland,OR 97229 Property: 12183 SW Plantation Terrace Tigard,OR 97223 Lender: Mortgage Trust, Inc. 4386 SW Macadam Ave.,Suite 401 Portland,OR 97239 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION Sale Price of Property 500,000.00 Deposit or earnest money 10,000.00 Loan Amount Mortgage Trust,Inc. 310,000.00 Third Party Gift Funds 182,979.76 Seller Credit 7,000.00 PRORATIONSIADJUSTMENTS County Taxes at$6,238.07 04/24/17 to 07/01/17 ($6,238.071365 X 68 days) 1,162.16 NEW LOAN CHARGES-Mortgage Trust,Inc. Total Loan Charges:$6,285.90 Lender Credits Mortgage Trust,Inc. 23.00 Processing Fees Mortgage Trust,Inc. 495.00 Underwiting Fees Mortgage Trust,Inc. 695.00 Appraisal Fee PCA via MTI 875.00 Credit Report CIS West via MTI 88.00 Prepaid Interest 260.10 $37.15750 per day from 04/24/17 to 05/01/17 Mortgage Trust,Inc. Homeowner's Insurance Mortgage Trust,Inc. 197.19 3.000 Months at$65.73 per Month Property Taxes Mortgage Trust,Inc. 4,158.72 8.000 Months at$519.84 per Month Aggregate Adjustment Mortgage Trust,Inc. 460.11 TITLE&ESCROW CHARGES Title-E-Recording Fee Lawyers Title of Oregon.LLC 10.00 Title-Escrow Fee Lawyers Title of Oregon,LLC 750.00 Title-Lender's Title Insurance Lawyers Title of Oregon,LLC 391.00 OTIRO 209.10-06-Restrictions, Lawyers Title of Oregon,LLC 100.00 Encroachments,Minerals-Current Violations(ALTA 9.10-06) Policies to be issued: Loan Policv Coveraqe: $310,000.00 Premium:$391.00 Version: ALTA Loan Policy 2006 RECORDING CHARGES Recording Fees Lawyers Title of Oregon,LLC 157.00 Deed $51.00 Mortgage/Deed of Trust $106.00 Washington County Transfer tax Lawyers Title of Oregon,LLC 250.00 ($500.00) MISCELLANEOUS CHARGES Homeowners Insurance Premium Farmers Insurance 788.70 12 months CERTIFIFD COPY Pagel of 2 (371700219/57)April 24,2017 12:10 PM P FINAL BUYER'S STATEMENT-Continued Subtotals 510,377.87 510,462.87 Balance Due TO Buyer 85.00 TOTALS 510,462.87 510,462.87 1 have caused or will cause the funds to be disbursed in accordance with the Statement which I have prepared, To the best of my knowledge,the Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. La rs Title of Oregon,LLC Settlement Agent THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S)BY LAWYERS TITLE OF OREGON, LLC V Lawyers Title of Oregon,LLC,Settlement Agent SAVE THIS STATEMENT FOR INCOME TAX PURPOSES CERTIFIED COPY Page 2 of 2 (371700219157)April 24,2017 12:10 PM P ITY OF TIGARD p m j ed by Pla n►.•iing a._. R , S 1 I— oZ te.rovMILLER In tials: s coxsuEn xa ExaI NE E R$ mO m= A Z m fl m �T"q .. I vrom.x.oa.nre m 2 Z a AO\ • J m I S ��\ .acuEs.Ex.xa wa v Z I poc•.oxa I Q ' \ AW�M Mafr�•can Fi •'/� LU 03 I rzz m 2 Z o o z Q D ox Q L Q I � W I z mI Fn � Z .o a I N lk o..o.. 7 IT �ECEIVED MAY 3 0 2017 I hawITY OF TIGARD a P NTNG/ENGINEERING , ------- -- ---�gv� STE PLAN SITE PLAN so.o E SO.02 ' I I COPYRIGHT 2017 • Muer Consd9ng Engineers,Inc i m RECEIVED 1414,M MAY 3 0 2017 MG) z m 02 b t CITY OF TIGARD M I L L E R to o 1 -� �• PLANt�iNG/ENGINEERING C O N S U L T I N G I ENGINEERS m O � _ 1D I m n m I' ° ° ' Sui e o eHu no�a Portland,OR 97219 !Tl Z z D - ! Faone 50326. 250 395 ID T _ _ — _ — — I www.miller-se.com o N CITY OF TIGARD rn m � OO D I I • ° ' S3 LOCATION OFElOS71NG ^ proved by PI Hing A MI v\ BASEMENT ENTRANCEkD I Date: p Z ° • ° LOCATION OF I �.S Q I DUIN BASEMENT i t i a l s: ff��►�-- T o � M O w °° I (A J 1^ Q i m Z Z O cw1 ' I O i Z -n I Z 2m I� Q I- ON I Q w z N= i F- o ° I m Z I I Z o$ Z"" O I Q Z D. ! I J Q �o z - t�� 1 0 Una ! 0 °�° —ml IIX I �� DRAWN BY: JLT Yv. \ _ ! CHECKED BY: PROJECT NO: PROJNO l l I• I \ / I I ISSUEI DATE 05.30.20 17 �) M NOTES I (N) PRIMARY RESID NCE 3318 SO.FT. I ! I (N)ADU:800 SO.FT. I �� U I w 0 I I cl, LI J SHEET CONTENT SITE PLAN SITE PLAN Z so.oz ,..,o.-o. SHEET //� SO.02 Chapter 18.710 ACCESSORY RESIDENTIAL UNITS Sections: 18.710.010 Purpose 18.710.020 Standards 18.710.030 Approval 18.710.010 Purpose Proposal is to convert two bedrooms, a full bath, two hallways, and an unusual `utility' area, all in the basement of the current single family residence, into a one bedroom accessory residential unit(ARU). The conversion can be effected by removing some interior, non-structural partition walls and adding three new partition walls to separate the ARU from the primary residence unit.A separate proposal will propose converting an existingonen space in the basement into an additional bedroom for the primary residence unit so the total number of bedrooms in the overall dwelling is not reduced. A. This chapter provides clear and objective standards for the establishment of accessory residential units in detached single-family residences to achieve the following: 1. Increase energy efficiency in large and/or older homes; Because this conversion requires no modification of the external envelope of the structure, energy efficiency increases will be limited to the heating load reductions realized by splitting the existing three zone radiant heating system into five zones. 2. Increase the number of affordable housing units; This conversion will add an affordable housing unit(the ARU)without reducing the usefulness of the existing structure 3. Increase residential densities with minimal impact on the quality or character of existing neighborhoods; This conversion does not impact the quality or character of the existing neighborhood as there are no changes to the exterior of the structure and the existingfour parking spaces accommodate two households with no difficulty 4. Allow small households to retain large houses as residences; This property was recently purchased by the owners so does not help with retention for a previously existing home ownership 5. Permit young households to achieve home ownership; Without the assistance of parents intending to occupy this ARU, the homeowners lack the means to own and maintain this residence so this conversion directly meets this objective 6. Provide needed space for elderly family members, teenagers and/or returning adult children. As mentioned with respect to(5.)above,this conversion provides accommodation for aging parents of the home-owners. 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 subject property is fully within an area zoned as R4.5 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; This conversion requires no addition to the existing structure and is entirely within a detached single-family dwelling 2. An accessory residential unit may not exceed 50%of the size of the primary unit,up to a maximum of 800 square feet; primary unit will be more than 3000 square feet without the ARU. ARU as planned is 800 square feet. 3. The number of residents permitted to inhabit the accessory residential unit is regulated by the state building code; Total residents will be eight. Primary unit will have four bedrooms. The ARU will have one. Primacy unit has 3.5 baths and the ARU one. 4. Either the primary or accessory residential unit must be owner-occupied; Primary residential unit will be owner occupied 5. A primary residence in which an accessory residential unit has been created may have only one home occupation;There will be only one home office in the ARU and none in the primary residence unit Accessory Residential Lints 18.710-1 AP Update:2/14 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 four existing12aved parking spaces in addition to the two car garaize significantly exceed the 1/DU requirements of Chapter 18.765 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 ARU is on the side of the primary unit and is an existing exterior door 8. There shall be compliance with all development standards established in the base zone.(Ord.0913); Owners are committed to complying with all development standards and will begin by seeking a copy of Ord. 0913 18.710.030 Approval To obtain approval to create an accessory residential unit,the applicant must demonstrate compliance with all of the requirements in Section 18.710.020 by means of a Type I procedure, as governed by Section 18.390.030. ■ TO]EW(, S 11-13/411 COPYRIGHT 2017 6'-3 1/2" 2'-10 3/4" 6-2 7/16" 3'-5" 11" Miller Consulting Engineers, Inc. 15'-1" 4`-8 1/2" _ • 5'-8 1/4" 2'-10 1/4" - - T - - 1 �— O �y = Cn 1 -1 N CV ' " 3-2 MILLER bo N CONSULTING 2'-8" (E)BEDROOM (E)BATHROOM ENGINEERS T o - 9570 SW Barbur Blvd ti iV N Suite One Hundred "' N Portland, OR 97219 Phone 503.246.1250 w Fax 503.246.1395 www.miller-se.com oFL w U) O 4'-1 3/4" 2'-6" I T-5 3/4" U rn 1'-0 1/2" w 2'-8" 8'-7" 2'-4" 1'-8" (E)ELEC. 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MILLER U i j • . - -� - D'• .- CONSULTING n E N G I N E E R S zz .a I m 9570 SW Barbur Blvd Z 1 _ ° Suite One Hundred lid 1 • a . a Portland, OR 97219 ; ; ; ; Phone 503.246.1250Z ; ; ; ; Fax 503.246.1395 Q .r) a `�- CII/ WWW.Miiler-se.com (\\\^Y► :° 00 , '' 1• :a p e ° ° . ° LOCATION OF EXISTING BASEMENT ENTRANCE LOCATION OF ° ° D a• PROPOSED 800 SQ. FT ADU IN BASEMENT C)° k 1 Ul D D d w _ a ° ° ' ) a .a ° 1 # F � Z Lu W • SIC —h , ° ' g � D ° W C W o • , . o i a c.nIQ' 04M z d w b4 0 Cno �, DRAWN BY: JLT ' I � ' ' •�'' CHECKED BY: PROJECT NO: PROJNO ° i I ISSUE DATE: 05.30.2017 NOTES: I �' ' � z -, o (E)RESIDENCE: 4318 SQ. FT. I a I (N)PRIMARY RESIDENCE 3318 SQ. FT. I (N)ADU:800 SQ. FT. I ILU • I O ICITY OF TIGARD ..................................._...........__.._......_.................. I Approved b Planning F Date: Initials: LS I Uj —J SHEET CONTENT 0'V SITEF"P IVE -' --- -- -- - - __ MAY 302017 CITY OF TIGARD S ITE PLAN PLANNING/ENGINEERING SHEET SO , 021