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HOP1998-00010 Decision - CANDY CREATIONS NOTICE OFIDECISION E, E JUST (MIS198 - 10,111, OJOS 1 T CITY OF TIGARD ' carrzirzirntty 2%vefpment . . T Sta in ,fit Better Cdrn !r Ii~r 120 DAYS = 9/11/98 SECTION 1. APPLICATION SUMMARY CASE: FILE NAME: FISHER/ANDERSON LOT LINE ADJUSTMENT Lot Line Adjustment MIS 98-0010 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property line between Tax Lots 00400 and 00500 on WCTM 2S103CC by decreasing Tax Lot 00400 by 35,272 square feet and increasing Tax Lot 00500 by that same amount. APPLICANTS: Fred Passmore Fred Fisher 7501 SW 195th Place 12655 SW North Dakota Street Aloha, OR 97007 Tigard, OR 97223 OWNERS" J. Derek Anderson and Thomas L. Fisher Suzanne Kent Fisher Properties Trust 13825 SW 121 st Avenue PO Box 11370 Tigard, OR 97223 Portland, OR 97211-0370 COMPREHENSIVE PLAN DESIGNATIONS Low Density Residential; 4.5 Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. LOCATION: 13825 SW 121st Avenue; WCTM 2S103CC, Tax Lots 00400 and 00500. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.162.050 and 18,162.060. SECTION 11. DECISION y give t the C' of Notice 's hereb ity g ornm6ni Develo meat Direct r n tha TiandC tY~ ; or's.designee has APPROVED the above req , 6est.sub ert. ain conditions ject td c ' w : bas ed are, : . The fi ndins,add conclusroris:on Which,th`e decision is rioted in Se'ct' g rn NOTICE OF DECISION MIS 98.0010 - FISHER/ANDERSON LOT LINE ADJUSTMENT PAGE 1 OF 6 CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE ENGINEERING DEPARTMENT (503) 639-4171. 1. Submit a revised plan that shows an emergency vehicle turn-around, meeting Tualatin Valley Fire and Rescue standards. 2. A Lot Line Adjustment surrey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. The survey map shall include all access and utility easements. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION Ill. BACKGROUND INFORMATION Site History: A Lot Line Adjustment was approved for the two (2) subject parcels May 20, 1897 (MIS 97-0003) which adjusted the property line to increase Tax Lot 00400 by .2 acres and decrease Tax Lot 00500 by the same amount. No other development applications were found to have previously been filed with the City of Tigard. Vicinity Information; The properties are adjoined to the west and south by the Eagle Pointe Subdivision, zoned R-4.5. The site has frontage on S 121 st Avenue to the east. To the north, the property is adjoined by a 14.31 acre property that is also zoned R-4.5. Site Information and Proposal Description: There is an existing residence on Tax Lot 00500 which is addressed as 13825 SW 121 St. Tax Lot 00400, which has no address, has a cottage and barn. The Lot Line Adjustment will adjust the property line between Tax Lot 00400 and 00500 by increasing Tax Lot 00500 by 35,272 square feet. This adjustment will also move the barn that is currently on Tax Lot 00400, onto Tax Lot 00500. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.162.060 contains the following standards for approval of a Lot Line Adjustment request. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; NOTICE OF DECISION MIS 98-0010 - F• SHEPJANDERSON LOT LINE ADJUSTMENT PAGE 2 OF 6 1 An additional lot will not be created through this Lot Lino Adjustment. Both existing lots are currently very large (1.46 and .91 acres) and will not be reduced below the minimum lot size of 7,500 square feet. 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; and The area of Tax Lot 00400 that will be reduced will .not result in an encroachment into a required setback for the existing cottage. The bam is in the area to be exchanged and will be on Tax Lot 00500 after the Lot Line Adjustment is complete. No setbacks will be below the minimum permitted in this zone as is discussed in more detail further in this decision. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed Lot Line Adjustment is within the R-4.5 zoning district which requires 7,500 square foot lots with a minimum frontage of 25 feet. Both existing parcels will be well over the lot size standards with 28,683 square feet (22,079 square feet exclusive of the access drive) for Tax Lot 00400 and 75,234 square feet for Tax Lot 00500 after the adjustment. Both lots have frontage on SW 121 st in excess of the required 2 feet. FINDING: Because the resulting parcels will be in conformance with the dimenstonal standards of the zoning district, staff finds that these criteria have been met. SPECIAL PROVISIONS FOR LOTS CREATED THROUGH PARTITION PROCESS. Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land (Partition process. Lot Width. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The required lot width for lots zoned R-4.5 is 50 feet, The lot widths after the Lot Line Adjustment will be approximately 70 feet for Tax Lot 00400 and 192 feet for Tax Lot 00500. Lot Area; 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. Lot area was addressed previously in this decision under Lot Line Adjustment - Approval Standards. Lot Frontage. 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. Lot frontage was addressed previously in this decision under Lot Line Adjustment - Approval Standards. Setbacks: Setbacks shall be as required by the applicable zoning district. NOTICE OF DECISION MIS 88-0010 - FISHER/ANDERSON LOT LINE ADJUSTMENT PAGE 3 OF 6 The setback for the existing house and bam that will be on Tax Lot 00500 will be well over the minimum established in the code as no setback from any property line will be less than 40 feet. The setback for the cottage on Tax Lot 400 will be 39.2 feet for the north side yard, 15.1 feet for the south side yard and 32.8 feet for the rear yard. Front Yard Determination for Flag Lot: 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. Tax Lot 00400 is a flag lot and meets this requirement because all of the setbacks are greater than ten (10) feet. Screening on Flag Lots: 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 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. While the property is a flag lot, the Lot Line Adjustment is not creating the flag lot. Because the flag lot is not created as a result of this land use action, screening can not be required. Fire Protection: 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. The accessway for both lots is existing. Currently, the access drive serving Tax Lot 00400 is 50.02 feet wide and will be reduced to 25.01 as a result of this proposal. With the existing driveway width, there i enough room to maneuver a fire truck to provide adequate tum-around, however, with a reduced width of 25 feet, there not. In order to approve this Lot Line Adjustment, the applicant must submit a plan that provides for adequate emergency vehicle tum-around serving Tax Lot 00400. Fire hydrants will be addressed at the time of further development. Reciprocal Easements: Where a common drive is to b provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No reciprocal easements are required or proposed for this Lot Line Adjustment. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.1+08, Access, Egress, and Circulation. The accessway to the residence on Tax Lot 00500 is existing and will not be altered as a result of this proposal. Access to Tax Lot 00400 will be reduced from 50.02 feet to 25.01 feet, however, this width still complies with the access width standards for one (1) and two (2) single-family residential dwelling units. i NOTICE OF DECISION MIS 98-0010 - FISHER/ANDERSON LOT LINE ADJUSTMENT PACE 4 OF 6 Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the €loodplain in accordance with the adopted pedestrian/bicycle pathway plan. Neither lot is in the floodplain, therefore, this standard does not apply. FINDING. The Lot Line Adjustment proposal meets or exceeds the Special Previsions for Lots Created through the Partition Process, with the exception of the Fire Protection Standard. Staff finds, therefore, that the SPECIAL PROVISIONS FOR LOTS CREATED THROUGH THE PARTITION PROCESS criteria have not been fully met. If the applicant submits a plan that provides for an emergency vehicle tum-around, staff can find that all of the criteria have been satisfied. CONDITION: Submit a revised plan that shows an emergency vehicle tum-around will be provided. This tum-around must meet Tualatin Valley Fire and Rescue standards. SECTION V. OTHER STAFF COMMENTS The Engineering Department will complete a detailed review of the submitted Lot Line Adjustment survey map and legal descriptions prior to recording of the Lot Line ,Adjustment. SECTION Vl. AGENCY COMMENTS Service providing utilities will have the opportunity to review the proposal and decision within the ten (10) day appeal period and may request reconsideration of the decision if it may adversely affect the utilities or fire district's abilities to provide service to the subject properties or the neighboring properties. SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance Affected government agencies NOTICE OF DECISION MIS 98-0010 - FISHER/ANDERSON LOT LINE ADJUSTMENT PACE 5 OF 6 Final Decision: DATE OF FILING. MAY 19, 1998 THE DECISION SHALL BE FINAL ON FRIDAY, MAY 29, 1998 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.299{A} and Section 18.32.379 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tr±jar l City Half, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLIN9= FOR FILING OF AN APPEAL IS 3:30 P.M. ON l`,~AY, 29, 1998. 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. May 19, 1998 PREPA D BY: Julia P well Hajduk DATE Associate Planner May 19. 1998 APPROVED BY; Richard Bewersdorff DATE Planning Manager iAcurplnkj uI1almis\mIs98-10.11a NOTICE OF DECISION MIS 98-0010 -FISHERIANDERSON LOT LINE ADJUSTMENT PAGE 6 OF 6 0 4877.46' 0 247.40" 244.46' i ~tCT 2 EX IST,iMG-89,962 0 4 0 ~ cc PROPOSED PROPERTY UREAOJQf CN T7 CL EXISTING PROPERTY UNE rRacr " PIRpPOSEO PROPERTY EiHEABIUSTMENT EX~Sll,'4G= 63,9550 mum" tG.ck3 ai 9f. 73AW 96.76' 0 ~m 1 Nam= S.W. 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