LLA2009-00008 NOTICE OF TYPE I DECISION
, .
LOT LINE ADJUSTMENT (LLA) 2009 -00008 �,�
JOHNSON LOT LINE ADJUSTMENT
iFILGAIRAY
riiSAVEIV
120 DAYS = 03 -18 -2010
SECTION I. APPLICATION SUMMARY
FILE NAME: JOHNSON LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (LLA) LLA2009 -00008
PROPOSAL: The applicant is proposing a lot line adjustment that will increase tax lot 2S110BC-
01600, (Parcel 2), from 1.08 to 1.13 acres and reduce tax lot 2S110BC- 00300,
(Parcel 1), from .96 to .90 acre.
APPLICANT: Bret A. Johnson OWNER Vera L. Nordt Trust Estate
12235 SW Bull Mtn. Rd. LOT 1: c/o Frank Nordt
Tigard, OR 97224 14440 SW Hazelhill Drive
Tigard, OR 97224
OWNER Pamella Sims Johnson
LOT 2: 12235 SW Bull Mtn. Rd.
Tigard, OR 97224
LOCATIONS: LOT 1: 14440 SW Hazelhill Drive; WCTM 2S110BC, Tax Lot 00300.
LOT 2: 12235 SW Bull Mtn. Rd.; WCTM 2S110BC, Tax Lot 01600.
ZONING
DESIGNATION: The R -1 zoning district is designed to accommodate detached single - family
homes with or without accessory residential units at a minimum lot size of
30,000 square feet. Some civic and institutional uses are also permitted
conditionally.
APPLI CABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
i
LLA2009 -00008 Johnson Lot Line Adjustment Decision 111909 Page 1
CONDITIONS OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
1.) The applicant shall record the lot line adjustment with Washington County and submit a copy of
the recorded survey map to the City, to be incorporated into the record.
2.) The applicant shall submit the copy of the recorded lot line adjustment survey map to the City
within 15 days of recording and shall be completed prior to the issuance of any building permits on
the re-configured lots.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located in the Ames Orchard Subdivision between SW Bull Mountain Road and
Hazelhill Drive. The parcels have property lines in common and each fronts a public right of way.
Proposal Description:
The applicant is proposing a lot line adjustment that will increase tax lot 2S110BC01600 (Parcel 2) from
1.08 to 1.13 acres and reduce tax lot 2S110BC00300 (Parcel 1) from .95 to .90 acre. The addition to
Parcel 2 from lot 1 is 2,375 sq. ft.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the
following criteria for approval of a Lot Line Adjustment request:
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request
for a lot line adjustment in writing based on findings that the following criteria are satisfied:
1. An additional parcel is not created by the lot line adjustment, and the existing parcel
reduced in size by the adjustments is not reduced below the minimum lot size established by
the zoning district;
No new parcels will be created as part of this adjustment; two (2) parcels are existing and two (2)
parcels will remain after the adjustment. Both parcels as adjusted meet the minimum lot size in the R -1
zoning district. Therefore, these criteria are met.
2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the
site development or zoning district regulations for that district;
Based on the site plan, no existing structures will be in violation of the required setbacks. Therefore,
this criterion is met.
3. The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
LLA2009 -00008 Johnson Lot Line Adjustment Decision 111909 Page 2
• The minimum width of the building envelope area shall meet the lot requirement of the
applicable zoning district;
o The lot area shall be as required by the applicable zoning district. In the case of a flag
lot, the access way may not be included in the lot area calculation;
o Each lot created through the partition process shall front a public right -of -way by at
least 15 feet or have a legally recorded minimum 15 -foot wide access easement; and
• Setbacks shall be as required by the applicable zoning district.
Both parcels as adjusted will meet or exceed the minimum average lot width, minimum area and
setback requirements of the R -1 zoning district. Both parcels have frontage in excess of 15 feet to their
respective public rights of way. These criteria are met.
4. With regard to flag lots:
o When the partitioned lot is a flag lot, the developer may determine the location of the
front yard, provided that no side yard is less than 10 feet. Structures shall generally be
located so as to maximize separation from existing structures.
• A screen shall be provided along the property line of a lot of record where the paved
drive in an access way is located within ten feet of an abutting lot in accordance with
Section 18.745.040. Screening may also be required to maintain privacy for abutting lots
and to provide usable outdoor recreation areas for proposed development.
The proposed lot line adjustment does not involve flag lots. Therefore, these criteria do not apply.
5. The fire district may require the installation of a fire hydrant where the length of an
access way would have a detrimental effect on fire - fighting capabilities.
There is no new access associated with this Lot Line Adjustment. Therefore, this criterion does not
apply.
6. Where a common drive is to be provided to serve more than one lot, a reciprocal
easement which will ensure access and maintenance rights shall be recorded with the approved
partition map.
There is no proposed common drive. Therefore, this criterion does not apply.
7. Any access way shall comply with the standards set forth in Chapter 18.705: Access,
Egress, and Circulation.
Access is pre - existing for both Parcels 1 and 2. Therefore, this criterion does not apply.
FINDING: Based on the analysis above, Staff finds. that the Lot Line Adjustment criteria have been
met.
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
LLA2009 -00008 Johnson Lot Line Adjustment Decision 111909 Page 3
Final Decision:
A Lot Line Adjustment 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 19, 2009
AND BECOMES EFFECTIVE ON NOVEM :ER 20, 2009.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
it
November 19, 2009
APPROVED BY: Darrel "Ha' " Watkins DATE
Assistant Planner
LLA2009 -00008 Johnson Lot Line Adjustment Decision 111909 r �� Page 4
jti; LOT LINE ADJUSTMENT
•
IN m
TYPE I APPLICATION r
C Tigand Pernit Center 13125 SW Hall Blzd, Tigarra OR 97223 R EC E V E®
City
Phone 503.639.4171 Fax:503.598.1960
NOV 1 7 2009
GENERAL INFORMATION CITY OF TIGAAD
PLANNINKIVE,tGINEER!NG
PARCEL 1
Property Address/Location(s): 14440 SW Hazelhill Drive -
Tigard, OR 97224
Tax Map&Tax Lot#(s):
2 S 110 g C 300 FOR STAFF USE ONLY
Site Size: "l ica c 41, 603 sq . ft . Case No.(s): Li,/a Zug -.000 O d
Property Owner/Deed Holder(s)*: (Attach list if more than one) Other Case No.(s): J A-
Address: 14440 SW Hazelhill Drive Receipt No.: 2J.7G �(.0030
City/State: Tigard, OR Zip: 9 7 2 2 4 Application Accepted By /C-3.r)
Primary Contact: Frank N o r d t Date: 1147/0/-
Phone:
Phone: Fax:
Date Determined Complete:
PARCEL 2
Rev.7/1/07
Property Address/Location(s): 12235 SW B u 1 1 Mt . R d . is\cucpin\masters\land use applications\lot line adjustment app.doc
Tigard, OR 97224
Tax Map&TaxLot#(s): 2S110BC – 01600
Site Sale: 1. 08 acres/ 47.045 sq. ft .
Property Owner/Deed Holder(s)": (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS
Address:
12235 SW B u 11 Mountain Road (Note: applications will not be accepted
City/State: Tigard, OR Zip: 97224 without the required submittal elements)
Primary Contact: Bret A. Johnson
Phone: 503/639-1802 Fax: ❑ Application Form
El Owner's Signature/Written Authorization
Applicant's/Agent: Br e t A. Johns o n ❑ Title Transfer Instrument or Deed —
Address: 12235 SW Bull Mountain Road ❑ - Preliminary Map(2 copies)
City/State: T i g a r d, OR Zip: 97224
❑ Site/Plot Plan(2 copies)
Primary Contact: Bret A. Johnson
Phone: 503/639-1802 Fax: 1=1Site/Plot Plan(reduced 81/2"x 11")
El Applicant's Statement(2 copies)
"-When the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040)
the purchaser of record or a lessee in possession with written authorization ❑ Filing Fee $478.00
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.
PROPOSAL SUMMARY
The owners of record of the subject property request Lot Line Adjustment
permission to adjust:
Two parcels of 41, 604 and 47 ,045
(number) (2ctexmlor square footage)
into Two parcels of 39 , 227 and 49 , 420
(number) (wirggIt j tsquare footage)
List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part
of this application:
NONE
APPLICANTS:
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on
the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANT(S) 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 each owner of the subject property.
DATED this c> day of Ir ,20 09
Applicant/Autho;zed Agent's Signature Owner's Signature
Bret A. Johnson Bret A. ohnson
7
/6--(2C C, ���c?1•41-7
XOwner's Signature es1SAnarl m s John
anJ
Trustee of the
Vera L. Nordt Estate Trust
dated October 21 , 2005
ErCITY OF TIGARD RECEIPT
13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 176030 - 11/17/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
LLA2009-00008 Lot Line Adjustment 1003100-43116 $415.00
LLA2009-00008 Lot Line Adjustment-LRP 1003100-43117 $63.00
LLA2009-00008 Lot Line Adjustment 1003100-43116 $4.00
Total: $482.00
PAYMENT METHOD CHECK# CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 18078 KPEERMAN 11/17/2009 $478.00
Payor: Anderson Law Tigard LLC
Credit Card 104313 KPEERMAN 11/17/2009 $4.00
Payor: Anderson Law Tigard
Total Payments: $482.00
Balance Due: $0.00
Page 1 of 1
B( -
RECEIVED
§18.410.040 Approval Criteria CJ O V 1 7 1009
CITY OF TIGARD
The following criteria are satisfied. PLAN N+IMEMGINEER!NG
1. An additional parcel is not created by the lot line adjustment, and the existing parcel
reduced in size by the adjustments is not reduced below the minimum lot size established
by the zoning district. The reduced lot is 39,227 sq. feet, which is larger than the 30,000
sq. feet minimum required in R-1 Zone.
2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site
development or zoning district regulations for that district. The expanded lot is 49,420 sq.
feet, which is above the 30,000 sq. foot minimum required in R-1 Zone.
3. The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
a. The minimum width of the building envelope area shall meet the lot requirement of
the applicable zoning district. The minimum width is not affected.
b. The lot area shall be as required by the applicable zoning district. In the case of a
flag lot, the accessway may not be included in the lot area calculation. No flag lot
is created.
c. Each lot created through the partition process shall front a public right-of-way by
at least 15 feet or have a legally recorded minimum 15-foot wide access easement.
Accesses unchanged.
d. Setbacks shall be as required by the applicable zoning district. All setbacks will be
satisfied with this adjustment.
4. With regard to flag lots: NOT APPLICABLE BECAUSE NO FLAG LOT IS
INVOLVED.
a. When the partitioned lot is a flag lot, the developer may determine the location of
the front yard,provided that no side yard is less than 10 feet. Structures shall
generally be located so as to maximize separation from existing structures.
b. A screen shall be provided along the property line of a lot of record where the
paved drive in an accessway is located within ten feet of an abutting lot in
accordance with Sections 18.745.040. Screening may also be required to maintain
privacy for abutting lots and to provide usable outdoor recreation areas for
proposed development.
Page 1 - Approval Criteria
5. The fire district may require the installation of a fire hydrant where the length of an
accessway would have a detrimental effect on fire fighting capabilities. Does not apply
because no new lot is created.
6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved
partition map. There is no common driveway.
7. Any accessway shall comply with the standards set forth in Chapter 18.705, Access,
Egress, and Circulation. No change, does not apply.
Page 2 - Approval Criteria
0
RECEIVED
NOV 1 7 [UU9
CITY OF TIGARD
Lot Line Adjustment
2S 110BC 300 & 2S 110BC 01600
Applicants' Statement
This application is to conform the title and boundaries of the respective properties to the
area of actual use over many years so that the Johnson property has continued access to the lower
level barn entrance at the north end of the barn.
The owners of each property have agreed to this change of property line as indicated by
their signatures on the Lot Line Adjustment Application and on the Deed, a copy of which is
enclosed.
BREcT,AA.. JOHNSON and PAMELLA SIMS JOHNSON
By: 'J_
Roger F. Mderson, their attorney
2008-037353
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Tho'nas J.Sharp card Patsicra J.Shan rota e.enew av v v.�
GRAt1TEE'S NAME:
VERA1..NORDT ESTATE TRUST
SEND TAX STATEMENTS TO:
VERA L.NORDT ES-ATE TRUST
2420 NW e.ter 'aH S:
Portland,OR 97210
AMR RECORDING RETURN T0:
VERA L.NORDT ESTATE TRUST .: •"Z'`- WASHINGTON COUNTY
2420 NW Marshall St ` h:; REAL PROPFR7Y T+�E TAY 1
Portend.OR 97210 i =..... 4; $0? _q., 't- '0A
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Escrow No. 2003000E52ErFTPORIO
swALE Aeove TEE LINE FOR RecORDER'i 1114E
STATUTORY WARRANTY DEED
Thomas J.Sharp and P 1n ie J.Sharp.Granter,Conveys anO warrants to
:.1 VERA L.NORDT,AS TRUSTEE OF THE:'EPA L NORDT ESTATE TRUST,DATED OCTOBER 21.
`f) 2005.Grantee,the following described reel property.tee ant clear of encumbrances except as
` ccecihcloan ally set foGelaw,situated in tie Counry Of Weering:o,i,State Of Oregon:
Lot 19,AMES ORCHARD,in the City of Tigard,WrshingtOn County,Oregon
Subject to and excepting:
Y
Easements.Restrictions.Reservations,Condalons,Covenants.Apreer ants,Sct Back lints,Powers o?
Special districts of record,if any
' BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TIT.E •
SHOULD INQUIRE ABOUT THE PERSON'S RJGhTS, IF ANY UNDEBR ORS 195.300, 195.301 AND
Lo 195..'.05 TO 145.336 AND SECTIONS 5 TO t1, CHAPTER 424, OREGON LAWS 2007. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR
C ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
-1 SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
2 VERIFY THAT Th•E UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
C PARCEL,AS DEFINED IN ORS 92010 OR 215.090.TO VERIFY THE APPROVED USES OF THE LOT
OR PARCEL. TO DETERMINE ANY LIflrr$ ON LAWSUITS AGAINST FARMING OR FOREST •
2 PRACTICES, AS DEFINED IN On 30-930, AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTi OWNERS, IF ANY, UNDER ORS 195.390, 195.307 AND 195.305 TO
195.335 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007.
LL THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYAN E-1S 3629,030.00. (See
ORS 93.030) r /
DATED April 25,2003 ie
zL.fl~atati —
..„,:i - or-or.„„„,„, ,
Patricia J.S4wr
•
•
State of OREGON •
COUNTY of Washington
•
This instrument was acicrwwiedged before me 4n Lit y! _.20 r'?
Thomas J.ThoSharp end Patricia J.Sharp. T" ]
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• MY oortxr,isyion expires. 4.4, OFFI MN, /n� 7
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statements ehr.L:. rb els to the, follovi.ny
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wall w r3' DR= - StaTITUST PORN
;:Nt4VIDQA;: err CORPORATION!
.76t1.'R61 DALE OCFL''SOf ani' Stift ANNE JOHN9oN. ma tenants by the entirety, a5 to an
=divided S/S irteres«.!e to Part:e.l i and all cf. Parcel IS • a
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i s OlAnt ur, caeveva sod warrants `e PAf1 SLA S545 JOHNSON
_1 - i Garntes, the folios/log describes real property free of encumbrances except as specifically
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RThis inetrbeeo.t will not alcor vet at tea propartg deeariasa in this iescr sset Lft violaaioa
of applAcealu last •:iws lass tnd reculatiens. defers signing or avoeutieJ tbis iastrussa:i+,
d�-'-. ta.e parseai 602,..iixias7 for title to the preperhy should ebaak with the appropriate city or
Rosunty plata:412g mapaeaceat to verily approved tees sod to Outer:ine any Heise on lawsuits
esaivat ferai.ny or forret pzietiers as defined in 0a3 30.930.
- ZsiCL'KBAAIF:'B@
5. Texas for ct fiscal year 1)98-99, a Lien but not yet payable.
7, `2ttc previoee herein leadribei are within and sub;ect to the statutory powers
includir,5 :t3 power of eec eewtrot. of the 'Unified See z , '' ...............--.--..'
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STATE OF Olt8GOtO, County of _ VashirintQn _ ,,,,,. 3es Ase ust 2 96
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bl' Sef!r(y Telt J,'huson and Sue,. me Jahneae __._,.,_„___.. _ _
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an iron pine, twee goat 125.90 feet to at.. iron. pipe, thence South 380.97 feat to an !roe
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,, afy, Ossed onrace, calcr, religitc, BON, .r.andicep, familial sestul or tatiemol
ricta, un:00$ and only :a the evtert cilia said cont-, fa) la eXerilipt wader
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the tezme and pmv:eicao thereof.
kecta..:fedi Septeq:Car P, 1977
1158
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PROPERTY UNE ADJUSTMENT FOR
Bre t J o VI n s o n WASHINGTON COUNTY SURVEYOR'S OFFICE
ACCEPTED FOR FILING: /-25-m
BEING COMPRISED OF A PORTION OF LOT 19; AMES ORCHARD.
LOCATED IN THE NW 1/4 OF SECTION 10, �/ 31377
TOWNSHIP 2 SOUTH, RANGE 1 WEST, L�
WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON °'
COUNTY, OREGON �L\v i
BASIS OF BEARING: WESTERLY SOUTH UNE OF LOT 19; AMES
ORCHARD; 90' WEST. EG_�•�.�
DATED: DECEMBER 31, 2009
$�N/ LOT 20
JOB•,cNo. 09-03
SCALE 1"=SO' a REGISTERED
JI`
PROFESSIONAL
LAND SURVEYOR
HMC(Harris-McMonag/e �(�rl LE \ LOT 19
AMES ORCHARD
io
socvAssociates,Inc. 1 OREGON DEED DOC NO 2008-37951
JULY tsse 6in.��wAGsmrnxc•xanmc a 'vel 1 LOT I 41,603 SF
WILLIAM L�M
87.0SW.Sce5r eet ryap argon 97213 e o eCMONAGI I I 1 1 1 1 1 (ADJUSTED AREA 39,231 SF)
rd.(503)639.3453 Far(523)639.1231 0 50 100 PROPERTY LINE
EXPIRES 12-31-2010 SCALE; 1'.50' ADJUSTED
TO BE ADJUSTED PROPERTY LINE
WESTERLY,SOUTH LINE
NARRATIVE 30' I so' LOT 19;
'AMES ORCHARD'
O EAST 124.84'
I. THE PURPOSE OF THIS SURVEY IS TO PROVIDE FOR A PROPERTY 0
LINE ADJUSTMENT IN ACCORDANCE WITH THE CITY OF TIGARD CASE NORTH 19.00' 2372 SF --SOUTH 19.00'-
FILE NO. 2009-00008 BETWEEN THE BOUNDARY OF LOT 19.AMES !--
ORCHARD AND THE NORTHERLY BOUNDARY OF THAT LAND AS HELD POB WEST 124.84'— �.�HELD
DESCRIBED AS PARCEL I IN DEED DOCUMENT NO.98-96573. I LEGAL DESCRIPTION FOR PLA 5/8" I.R.F.
2. THE BASIS OF BEARINGS AND POSITION CONTROL IS THE WESTERLY, 5/8" I.R.F. o
WESTERLY, SW CORNER o `�
SOUTH LINE OF LOT 19. AMES ORCHARD. o, rc
OF LOT 19: m n p
3. THE MONUMENTS CONTROLLING THE WESTERLY SOUTH LINE AND THE 12 'AMES ORCHARD' "' Z
EASTERLY SOUTHWEST CORNER OF LOT 19 WERE RECOVERED AND HELD
FOR POSITION. I D
O •
4. HELD RECORD BEARINGS PER LOT 19,AMES ORCHARD; FOR THE EASTti z
AND WEST LINES OF THE ADJUSTED AREA. -�
mHELD
DEED DOC NO 98-96573 3/4' I.P.F.
-I PARCEL I EASTERLY,SW CORNER
OF LOT 19
D (ADJUSTED 47,079 SF 'AMES ORCHARD'
AREA:49,451 SF)
A
LOT 2
LEGEND:
• DENOTES MONUMENT FOLK)
AS NOTED
1
0 DENOTES 5/8'030'IRON ROD SET
WITH RED PLASTIC CAP
STAMPED'H-MC,INC.'
PGB POINT OF 600199INC
I
ABBREVIATIONS: —J
u
I.P.F. IRON PIPE FOUND - — — —
I.R.F. IRON Roo FOUND
SW BULL MOUNTAIN ROAD
DOC DOCUMENT -
NO NUMBER
PLA PROPERTY LINE ADJUSTMENT
SF SQUARE FEET
SW SOUTH WEST
SHEET 1 OF 1
NOTICE OF TYPE I DECISION
LOT LINE ADJUSTMENT (LLA) 2009-00008
JOHNSON LOT LINE ADJUSTMENT TIGARD
120 DAYS = 03-18-2010
SECTION I. APPLICATION SUMMARY
FILE NAME: JOHNSON LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment(LLA) LLA2009-00008
PROPOSAL: The applicant is proposing a lot line adjustment that will increase tax lot 2S110BC-
01600, (Parcel 2), from 1.08 to 1.13 acres and reduce tax lot 2S110BC-00300,
(Parcel 1), from .96 to .90 acre.
APPLICANT: Bret A.Johnson OWNER Vera L. Nordt Trust Estate
12235 SW Bull Mm. Rd. LOT 1: c/o Frank Nordt
Tigard, OR 97224 14440 SW Hazelhill Drive
Tigard, OR 97224
OWNER Pamella Sims Johnson
LOT 2: 12235 SW Bull Mm. Rd.
Tigard, OR 97224
LOCATIONS: LOT 1: 11110 SW Hazelhill Drive;WCTM 2S110BC,Tax Lot 00300.
LOT 2: 12235 SW Bull Mm. Rd.;WCTM 2S110BC,Tax Lot 01600.
ZONING
DESIGNATION: The R-1 zoning district is designed to accommodate detached single-family
homes with or without accessory residential units at a minimum lot size of
30,000 square feet. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
LLA2009-00008 Johnson Lot Line Adjustment Decision 111909 Page 1
i .
CONDITIONS OF APPROVAL
PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
1.) The applicant shall record the lot line adjustment with Washington County and submit a copy of
the recorded survey map to the City,to be incorporated into the record.
2.) The applicant shall submit the copy of the recorded lot line adjustment survey map to the City
within 15 days of recording and shall be completed prior to the issuance of any building permits on
the re-configured lots.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located in the Ames Orchard Subdivision between SW Bull Mountain Road and
Hazelhill Drive. The parcels have property lines in common and each fronts a public right of way.
• Proposal Description:
The applicant is proposing a lot line adjustment that will increase tax lot 2S110BC01600 (Parcel 2) from
1.08 to 1.13 acres and reduce tax lot 2S110BC00300 (Parcel 1) from .95 to .90 acre. The addition to
Parcel 2 from lot 1 is 2,375 sq. ft.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL CRITERIA: Section 18.410.040 contains the
following criteria for approval of a Lot Line Adjustment request:
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request
for a lot line adjustment in writing based on findings that the following criteria are satisfied:
1. An additional parcel is not created by the lot line adjustment, and the existing parcel
reduced in size by the adjustments is not reduced below the minimum lot size established by
the zoning district;
No new parcels will be created as part of this adjustment; two (2) parcels are existing and two (2)
parcels will remain after the adjustment. Both parcels as adjusted meet the minimum lot size in the R-1
zoning district. Therefore, these criteria are met.
2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the
site development or zoning district regulations for that district;
Based on the site plan, no existing structures will be in violation of the required setbacks. Therefore,
this criterion is met.
3. The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
LLA2009-00008 Johnson Lot Line Adjustment Decision 111909 Page 2
•
• The minimum width of the building envelope area shall meet the lot requirement of the
applicable zoning district;
• The lot area shall be as required by the applicable zoning district. In the case of a flag
lot, the access way may not be included in the lot area calculation;
• Each lot created through the partition process shall front a public right-of-way by at
least 15 feet or have a legally recorded minimum 15-foot wide access easement; and
• Setbacks shall be as required by the applicable zoning district.
Both parcels as adjusted will meet or exceed the minimum average lot width, minimum area and
setback requirements of the R-1 zoning district. Both parcels have frontage in excess of 15 feet to their
respective public rights of way. These criteria are met.
4. With regard to flag lots:
• When thepartitioned lot is a flaglot, the developer maydetermine the location of the
P
front yard, provided that no side yard is less than 10 feet. Structures shall generally be
located so as to maximize separation from existing structures.
• A screen shall be provided along the property line of a lot of record where the paved
drive in an access way is located within ten feet of an abutting lot in accordance with
Section 18.745.040. Screening may also be required to maintain privacy for abutting lots
and to provide usable outdoor recreation areas for proposed development.
The proposed lot line adjustment does not involve flag lots. Therefore, these criteria do not apply.
5. The fire district may require the installation of a fire hydrant where the length of an
access way would have a detrimental effect on fire-fighting capabilities.
There is no new access associated with this Lot Line Adjustment. Therefore, this criterion does not
apply.
6. Where a common drive is to be provided to serve more than one lot, a reciprocal
easement which will ensure access and maintenance rights shall be recorded with the approved
partition map.
There is no proposed common drive. Therefore, this criterion does not apply.
7. Any access way shall comply with the standards set forth in Chapter 18.705: Access,
Egress, and Circulation.
Access is pre-existing for both Parcels 1 and 2.Therefore, this criterion does not apply.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
met.
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
LLA2009-00008 Johnson Lot Line Adjustment Decision 111909 Page 3
Final Decision:
A Lot Line Adjustment 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 19, 2009
AND BECOMES EFFECTIVE ON NOVEMBER 20, 2009.
Questions:
If you have any questions, please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW
Hall Boulevard,Tigard, Oregon at (503) 639-4171.
Artvlai(
November 19, 2009
APPROVED BY: Darrel"Ha "Watkins DATE
Assistant Planner
LLA2009-00008 Johnson Lot Line Adjustment Decision 111909 Page 4
I
NOV 1 7 2009
CITY OF TIGARD TAX LOT 300
MANN!ts,,13:17.N,INEER(we MAP NO 23—I—IOBC
LOT 19
AMES ORCHARD
DEED DOC NO 2008-37951
ARBORVITAE STUMPS
8" — 12" STUMPS AREA MAINTAINED BY
11pjjjHlGH HEDGE (PHOT INIA) 8' WIDE CUT AT GROUND LEVEL THE JOHNSON FAMILY
(0-0-ThoO ZS �O— o 8 8, o 0 °
°� d .`,, FUJI
ASIAN _ APPLE
_ PEAR - CONC.
ARBORVITAE STUMPS o' e • In
��+` SETTLING ,r%'
8" — 12" STUMPS BASIN
°O CUT AT GROUND LEVEL�C,OFIG 15.8' S.1' SPLIT 2—RAIL
EVERGREEN 9 ,TREE •,///'
CONCRETE
AND STEEL CABLE
Cl MAGNOLIA CONCRETE CONC.- FENCE
--I b m SLAB SLAB m
a SPLIT 2—RAIL AND STEEL CABLE FENCE b
I--X X X X X X X X X X—t—X X X X X 86'
NORTH PROPERTY LINE S 89'37'46" E 124.84' o
0/71
c:1 CONCRETE J _ 15.4'
1
.4 WASH DOWN
THE EXISTING TREES AS SHOWN AND NOTED CHANNEL
WERE PLANTED BY BRET AND PAMELLA JOHNSON.
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MAP NO 2S-1—IOBC "
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12235 SW BULL MOUNTAIN ROAD 1 6' CHAIN LINK FENCE
c AMES
SOUTH LINE LOT 19 "'
3/4" IPF
CITY OF TIGARD TAX LO'
Approved ...._.._.,. 1 Vi
mdi Tonally Approved
F N.only the work 9.s described in:
t`.9MIT NO. GL _„1`1 75
See Letter to: Follow
Attach , /( /u
Jcb A.ddree : 11,1-34"3irk ii
E . Date: /410141 �__
12102
14420
CORYLUS CT HAZEINILL DR
12058
12035
14550
12350
14440
OC
w
w
w 14560 14550
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14615
14670
12175 14640
12235 a.
a
CITY OF TIGARD
App roue,' 14680
•i
"hndilionally Approved
,r only the work as described in:
I-
',WIT NO.
See Letter to: Follow
Attach_ i BULL MOUNTAIN RD
Job Q.t' rQ s: .LlG2?zS�_
_ ._, .._ . _ Date: /Z..lyd __... 'a
= 12047
esi
REVISION
0 1 Obi2o4o
12425 12395 12365 12345 12325
12102
14420
CORYLUS CT Hoz.ELAILL OR
12058
cipp
CITY OF TIGAR19a6
1550 roved • •-•'"
12353 o 'tionally Approved i
F r on the work as de cribed i
14440 Ml O. 7
Sec Lett. to: Follow t
Attach f
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•
Date:A/ ../9104
0-
14560 14550
RECEIVE'
:NOV 17 2009
14580 CITY OF TIGARD
PLANHIN,',.'%17N(.3iNEEK.
470
12175 14640
12235
cl
14,00
BULL MOUNTAIN RD
1111.11
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigaru, OR 97223
S1111November 20, 2009
TIGARD
RE: Lot Line Adjustment-12235 SW Bull Mtn. Rd. LLA2009-00008
Dear Mr. Nordt and Mr. Johnson,
I am somewhat embarrassed to advise you that I erred in marking the lot line
adjustment area on the 8 1/2 X 11 site plan. I apologize if this misled you or
affected your land negotiations.
I inadvertently cross-hatched 19 feet on the lot to the west of Mr. Johnson, and
certainly in an area Mr. Nordt would take issue with.
That did not, however, change the official site drawings that are in our records
from the firm of Harris/McMonagle.
I have enclosed a revised, and correct, reduced site plan with the land transfer
properly shown.
Thank you for your understanding, and again, my apologies.
Sincerely,
1'
Darrel "Hap" Watkins
Assistant Planner
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772
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ARBORVITAE STUMPS r � �� - . £ , , 4 ¢ .,
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PRESSURE TREATED CUT AT GROUND LEVEL AREA MAINTAINED BY ,� $, lit a�
I5 HIGH HEDGE (PHOT N I A) 8' WIDE THE JOHNSON FAMILY
FENCE POSTS (CUT). I..,. t rt
FENCE BLEW DOWN AND ��
REMOVED 2-3 YEARS — — — ° — 47.4' — — A
ro�ase�1 l' . 1 �� r �)'rI� y ti g
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ARBORV I TAE STUMPS a o SETTLING �� VICINITY MAP
❑ - 8" — 12" STUMPS • �� 15 8 BASIN 5 I I 1 "=200'
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'w CUT AT GROUND LEVEL FIG SPLIT 2-RAIL
f EVERGREEN
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NORTH PROPERTY LINE S 89°37'46" E 124.84
oo
°
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1 .3'
o I .4' CONCRETE ,� — 15.4' — FOR TAX LOT 1600 AND TAX LOT 300
THE EXISTING TREES AS SHOWN AND NOTED WASH DOWN
WERE PLANTED BY BRET AND PAMELLA JOHNSON. CHANNEL LOCATED IN THE NW 1/4 OF SECTION 10,
o b N x TOWNSHIP 2 SOUTH, RANGE 1 WEST,
X WILLAMETTE MERIDIAN,
M EXISTING ^ — X WASHINGTON COUNTY, OREGON
0
BARN 3
a cG ifl '�
0 o EXISTING FIELD DATA GATHERED 03/06/09 AND
N N HOUSE 03/09/09; MAP PREPARED 03/10/09.
0 0
o x BASIS OF BEARINGS PER SN 28640
❑ cn 0
14440 SW HAZELHILL DRIVE
0
O co
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a LEGEND
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ALUMINUM CAP STAMPED
X O o 16 2 "WALKER ASSOC. INC."
Q ❑ a a AS SET IN SURVEY 16774
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CONCRETE X X X OR AS OTHERWISE NOTED
3 6 x (_)
SLAB IPF - IRON PIPE FOUND
❑ z
w
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DEED DOC NO 98-96573 I0.0'
PARCEL I 30.4' Q x
= x
x U
TAX LOT 1600
x
MAP NO 2S— I — I OBC x
12235 SW BULL MOUNTAIN ROAD CITY O� TIGRD
X _—_ X --- X - C✓]
❑ ` 6' CHA II N. L I_ FENCE_ X Approved
AMES ORCHARD N �'mditionauy Approved �C 3
SOUTH LI•
NE LOT 19 ^' F.Sr only the work as described in:
F' MIT NO. LLe /,l_
3/4" I PF Ser letter to: Follow t I
Attach t
Jc n�.ddr ss: `s- /� /�/1l r,;f�� _ _,
E, -../ �._ - bate: /I/�� j..�._ _n
TAX LOT 200 III III III III III III III III III III
0 10 Zo RECE \/ J
. SCALE: 1'1=10'
NOV 1 7 2009
CITY OF TIOARD
MARCH 30, 2009 PLAN' '!I1 2/Er G NEER!NG
.....................,
HMC Harris-McMonagle
40 � .
I y�R Since Associates, Inc.
ANNIVERSARY 1968
� ., 196B�2008„se''i ENGINEERING-SURI/EYING-PLANNING
:9B:-- 8740 SW Scorns Street Tigard, Oregon 97223
Te% (503) 639-3453 Fax(503) 639-1232
HMC SURVEY JOB 09-03 BRET