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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 w`aM* bi ' ^0"OW1200 `:22 AM I 6— Al pM7 It GWMENALD , I f aa.M ILK t".001111711.414.TON.M70.00 r r IIIIJIfII IIJI b `I IIIJ�IE�Iff NECGrSDiMG RE 5UE57E0 6T: . I I Fidelity National TrU Company o,Oregon � I RMA/.... 44.. .4..MA...wrnWI 4 a.,,, „....,W lufRlaN 11 1 Gam&win 14 'W'WI 1 Nr,*y7MripyMn .-. ":�-.-!. V wrweenl N rrnrrowM rw 71 *Mail,In.1..f *w rt moral ae.Ye,p� '*'• 7 is V' A WTOR'S NAME Ruw*ws*RI..Mtu a(E&IWH'i...* h;ry 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; $0? _q., 't- '0A i ;....p,. FEERRO WE Escrow No. 2003000E52ErFTPORIO swALE Aeove TEE LINE FOR RecORDER'i 1114E STATUTORY WARRANTY DEED Thomas J.Sharp and P 1n ie J.Sharp.Granter,Conveys anO warrants to :.1 VERA L.NORDT,AS TRUSTEE OF THE:'EPA L NORDT ESTATE TRUST,DATED OCTOBER 21. `f) 2005.Grantee,the following described reel property.tee ant clear of encumbrances except as ` ccecihcloan ally set foGelaw,situated in tie Counry Of Weering:o,i,State Of Oregon: Lot 19,AMES ORCHARD,in the City of Tigard,WrshingtOn County,Oregon Subject to and excepting: Y Easements.Restrictions.Reservations,Condalons,Covenants.Apreer ants,Sct Back lints,Powers o? Special districts of record,if any ' BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TIT.E • SHOULD INQUIRE ABOUT THE PERSON'S RJGhTS, IF ANY UNDEBR ORS 195.300, 195.301 AND Lo 195..'.05 TO 145.336 AND SECTIONS 5 TO t1, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR C ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY -1 SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO 2 VERIFY THAT Th•E UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR C PARCEL,AS DEFINED IN ORS 92010 OR 215.090.TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL. TO DETERMINE ANY LIflrr$ 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" ] • ,. \ ^ . .. • Nota - .Iic".tate of Oregon • MY oortxr,isyion expires. 4.4, OFFI MN, /n� 7 v; R081N Car?t�t:t! "b:17 ''rj �-,xJ 8u. ;r? NOTAIPYRIEILt",.CRESiOM % °89o++_ X1966 .. rte t:7NyliRrO.r f't{MaFR,VI..r 91,MCR r Inv rrRywfM 7.> .rune 23, 2,60r w ;.., a; e.utiv `. . c; r , JO i"L'i 2-PIL.1L d. +JV>a rmax. : t;i +stlt I*F? R LtYr'7$C:301 faTtlai TG a value".:.a :AM 00brAa. STATE?UFOna,ON Covets or`NaseinSfieh i 87. L 112:95 SI( Bun.Manu:s.fr 34, ',Je.:',a enaol►p e^assess- i _.....Y.,.._.. -._ — •uA 8rx!'dlx6001i'irid'' iu •:.tJtmty }p ?i. rd OR 37224 ;I Clark l�9 r t7fi '`•i'Nasal.,7 W"..y enei I l e!. tib Nerivad . �" end raeo da i�ia'i o k a!teennde of esld Matea change A6 .eyurstto the, "ax endrs statements ehr.L:. rb els to the, follovi.ny L cm, address, LL •airrly tk.• b��ry,te:ector of d -s 5a e''s?tia k�a asdetarielexatttx.Ex- .; ynr,ounaY 0.1e41c 1 _ __ _ .. Briery./ 11'0; 3:01)-2C:56M1 Ucr. 9$0516573 Greer Nd, 3299'8 Root: 216028 161.60 09/01/19913 09:39:50am 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 ._G 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 �,• sat. tCr.. herein: o a fe am inatd) w, 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 , '' ...............--.--..' ICOntinuad? ,0 ati,•• YSatiroAtIVA .'.'J3T71* g �`� - I j :'he true sous'> xati'an for tAls ocncayance is 5220,030,0.F j',,y* 1° i,�,f OA! Dated.Ausoat 25, 1998 r 11 a corporate gr:anto., it has caused its name to be sinned by r i. oxdar of its bee:e of directors. / , -� a� Yv f � :Y �. ' .� . • " ` y Gale Joh $0 ) Sue Anne Johnean STATE OF Olt8GOtO, County of _ VashirintQn _ ,,,,,. 3es Ase ust 2 96 Thie inatruIent. wee aaknow'�eised before me ,a*_ __ , 6 , ___ , 19 "___ • bl' Sef!r(y Telt J,'huson and Sue,. me Jahneae __._,.,_„___.. _ _ Itis ireatrursent was aaszloe.edoed beamne o.^. . � _w_ IS .. - by___�. ._.__...._____.._.„._..__ AG Notary Public arepti • Ny comaisF'De !roe, ,r,::,y;; OrFx'LII.VERB. _ .__ _�...___ f3,,T SlMcQ4UGdLL Nv COMMON6rWA4Ak.r ter,non . -1".1./; i .VVo 't : :J t : ':3.t WA) r a:{ Z,,.EZ'v r ' ;rcdar 115i if 9618 Lera�i, heau'itre1':LN FRRC'EL 1e ne,ginn.rg at an isun pipe located IA We *cm:sweat reinter of Sootion 1C, ihunahip 2 South, ! liboge : :tee-, Willamette i:a iiia::, in the County of Washington and :ate of Oregon, and SoLthsr.y along the West line of seta section • distance or 16:4.7 That LO at iron 1I pipe a?; .ye Northerly boundary ut hull M urtaf Road (County Road bio. A-147 1/2, a 40_] fnst w is f t Bone Easterly along the North boundary of Bull Mountain Roael a distance Of dGi..53 feet to an a_on p-pe and the tzt.e ;..Dint of beginning; thence North 372.3 feet .r an iron pine, twee goat 125.90 feet to at.. iron. pipe, thence South 380.97 feat to an !roe p: 'o; [7 b :e Northerl au�dary of Bull Fountain Road, tlienoe Easterly along t,:e bforth' bo.:a.ery of leour.testA Road 125.3 feet to the true point of boginnieiy, 'MCi,Ttiet e last 11 tiet- of LJt e, SAKS ORCUAAD, in the CuL.nty of Washington and State of Oregon. • 1 8/5/2008 4: 57; 58 PM PAGE 6/006 Fax Server , •• . ,, • , -4rotiatt•-.,-,:•.,,,•• ..,„„,.,4,....,,..-......,.,4....i.i.,,n.... I . .:.•••;',.ikkil,'::•-• : , - • ' ,••.,!,.:•,' ,"•,,••!: ., ::',,i-:: '..*:., ,•.,•,.,`,... •41;••,:, livc .;t,t,ms, 1,7t.illaxt •-•; _. . ,:,: i, Sams?: Ageeermat, .ir.ciuding the toms sr.d ,i,;:,:visicma thereof] August 17, 1475 August 34, 19,76 .,.... 4; , Ete 6td 5etvotro Insle W. Ante anC Tigard Rater district, $ M4114Cipal corporatihn -:Affsc Pe.',•cel I; ..1 • S. kastricCive corer:a:Ai, tG isci7e remonstrance. including the terms sad prw,,laiOns tla:-..h!... .. . . :. , Recorod) August 22, 1911r ,.i POgi, 451 Fatimtv rarC4: :3) ',..: r.;;avaull4c0, eig),11.tiona, reatzlQtional sad easements, 13,4; oMitting x,astri.Aton , if ,, 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 .7)7,46pter 42, Section 3'07 of the Uted States COO or CO) relates '.:t: hirldicap tut • ..oger oec d/occiminato against hendicappaa paivcae, inipcmed illl, ipi,:lvolmitt f.nclud1n ...-..., , the tezme and pmv:eicao thereof. kecta..:fedi Septeq:Car P, 1977 1158 Pemes: 751 - co Parc0: 1:— .75.1nry Some): Agreement., iaolullifg the tv1AS and provisions :herenfj I . , ' Rec,f.rdcd; apvil 26. S976 4 : Raccraci'7',e fay Sa.. 7S 18905 - 4/121c,,ms Varcol TY) . .:" . ._..„ 1 . : 11 I . . . 3 1 , e• . . . , , . - . I , ..: . . . 1. .. 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. 8 _ K 0) ° _ P. LX._--X EXISTING 3 BARN 3 3 < o 38 — .8 .8 K ° y n N 14440 SV d m W z z < = J ❑ J Y I- la~ �j a. K I6.2' ❑ re re a CONCRETE N a W A U SLAB z b X E DEED DOC NO 98-96573 10.0' J ` PARCEL I 30.4' I x 0 ro c TAX LOT 1600 MAP NO 2S-1—IOBC " x 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 1- 1— _J UJ N 14580 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 .s. 1./-) • 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 W.7 ti! 'S4 1F ' A9r Yxiw� Phi-----4,.."--11:44,-.-..-,,,75.1,0:-� "i �k 5•'` 4 d k y' ,.f,11-44•1•••- . t��n ::.4:'' , ' t . 1 j '"a m . x -;-„_..,.:4:-,- 2,,,„,.,,,,,-1,,,,, 'L° �k� "s': ��+ na x�.L,�x' . t yi3 �L a v, i H ,A�, 3 ti H 3''c }.• : a ^zn f?a „y. i he y t. .vt,y. .,,..,.,,i,.,...:4-,::,pr s i n. C c --- Y • z. ,;,-„,-.:-.:i..,%4!, „1.,,,,,„...-,,,,. y m d •trfi xv„,:.:y -,,,.:.',..41t, ,.,1/2,...,.1.r1,-!-,--. ...,erzkv !-='.,...„--.,Y-.4•7'4..45.4..;;-.,..:....',,'„ii..‘;.4,_....Lit444...,- . •- ''..--''Ll..,... •-•:::i*,:•,. . .'..g'' ..." ,;A:., Rn`,.L �# ,�''y ' ` 14;i @E y " 1 :, , ttii x �t fir Li' 1 '-H� ' a6�r y,'' ''''''' ''. , ,, '-4',.',..1 ..,.'... ii,4',1:1.43,`Ai...,:rcTi..t,i,e.NZTIZE***:tilkiNt0.4.4,0.1-, ',X, ': - .-4:.0,,e;i44: .,,,,,,Z-,',-..,rj.,.. -* t lir TAX ::°SRlici 00 Pr # ' �{. ° : ?,,.. ,^MAPNOIOBC °�ffi � �, i� '",,,. r : � ; , '� � .": ,.s°� ,. h ,t a a;A •: 5F' # # '-...*V.....AV '. 4 . �'' �'ci. -.T L9 � � � .p ,yp YAMESHARD , . 1. f, y ` ' - /.,7/ II ''''''''''"!`-'4 >,sd`"na v k Y t{• t 4 r�,,' fi ,-----�. ...,.,:l ,•k„,.� : .4`g,} t �C X 1. DEED DOC NO 2008-3795 I � � �� P ). ,,,p/4-,..!.: :17771-7,7:•'. "Y^ ♦t K. M1 3.ri,&r. K kt. s 1 `� �.F�{-. •. x A m of hi q 8 v1A'R 4-- 3 ,,,-.44,,._.2;.1,..,.i.,„ r ''P .,,''"at� b , g••r?''l - to 6, '#�rr„.„....;,:,,.:,..,„,,,,,,,,,,,„;. ,,..„..,....„.„...„•k sn s.�r y 'q5 'g$ '' :., x. ;mss , Y _°.'44 S w, t .. � ''', 44,, v �: i ,,yy +A''� em. �a"'2.�»' 'a�4`�,�'��t h 5'�i*F,...„.,,,,,m„,...„,.,,,,..„!,44-..,4,7,.,,,.::„.04t,+ aa „7,,,,-,,,'.'k,,:,..,y� 3 4)�,�'''• � ..� ARBORVITAE STUMPS r � �� - . £ , , 4 ¢ ., 8” 12" STUMPS . � : 46�:; `', „ s ' _� 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 4. ;iii...1::„.w,,,..,„.„,,4„..., ,4!,�I AGO. FENCE OWNED BY 77.510 8.8 FUJI T/L 400. 0� .,9 AS a o I CONC. .� APPLE I - B ,Li I JO ARBORV I TAE STUMPS a o SETTLING �� VICINITY MAP ❑ - 8" — 12" STUMPS • �� 15 8 BASIN 5 I I 1 "=200' c-) 'w CUT AT GROUND LEVEL FIG SPLIT 2-RAIL f EVERGREEN MAGNOLIA o. TREE AND STEEL CABLE CONCRETE CONC. - FENCE G SLAB SLAB \\ ❑ SPLIT 2-RA I L AND STEEL CABLE FENCE b � � — X X X X X XX X X X 7.XO X X X X 8 6 f EXISTING CONDITIONS SURVEY NORTH PROPERTY LINE S 89°37'46" E 124.84 oo ° \\_8.6____A 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 O W a LEGEND 5/8" IRON ROD FOUND WITH ix W • 1151-W/ ALUMINUM CAP STAMPED X O o 16 2 "WALKER ASSOC. INC." Q ❑ a a AS SET IN SURVEY 16774 E ce I— i- 0 CONCRETE X X X OR AS OTHERWISE NOTED 3 6 x (_) SLAB IPF - IRON PIPE FOUND ❑ z w I x Y z 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