MIS1999-00027 Decision - KUSCHKE LOT LINE ADJUSTMENT
NOTICE OF TYPE I DECISION
"`URBAN SERVICE AREA' CITY OFTIGARD
Ccimmlinity Development
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Lai' LINE ADJUSTMENT MIS1999-90927 stxc
om u munity
KUSCNKE LOT LINE ADJUSTMENT
120 DAYS =1 /17100
SECTION 1. APPLICATION SUMMARY
"URBAN SERVICE AREA"
CASE: FILE NAME: KUSCHKE LOT LINE ADJUSTMENT
Lot Line Adjustment MIS1999-00027
PROPOSAL: The subject property contains two lots. The applicant is proposing to
adjust the lot line on the existing 3,014 square foot parcel to a total of
26,879 square feet and adjusting the second parcel of 32,854 square
feet to 8,989 square feet.
APPLICANT: Jeffrey F. and Marcia L. Kuschke
15905 SW Roshak Rd.
Tigard, OR 97224
OWNER Same as Applicant.
PARCEL 1:
OWNER
PARCEL 2: Same as Applicant.
LOCATIONS: The lots are located at 15905 SW Roshak.
PARCEL 1: WCTM 2S105CD, Tax Lot 00700. (15905 SW Roshak)
PARCEL 2: WCTM 2S108BA, Tax Lot 00101. (No address)
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Medium-Density Residential.
ZONING
DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is
desl ned to accommodate attached single-family homes, detached
single-family homes with or without accessory residential units, at a
minimum lot size of 5,000 square feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510.
SECTION [I. 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.
NOTICE OF TYPE I DECISION MIS 1999-00027-KUSCHKE LOT LINE ADJUSTMENT PAGE 1 OF 4
The findings and conclusions on which the decision is based are noted in Section 1U.
CONDITION OF APPROVAL
PRIOR. TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION
SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE
MATHEW SCHEIDEGGER:IN THE PLANNING DIVISION AT 503-639-4171.
1. Prior to recording, a Lot Line Adjustment survey 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 1 MONTHS
FROM THE EFFECTIVE DATE OF THIS ;DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located in Tigard's Urban Service Area. There is an existing dwelling
on parcel 1.
Proposal Description:
The applicant has requested Lot Line Adjustment approval. No development is proposed at
this time. The proposed adjustment will take the south property line of tax lot 00700 and
move it 55 feet from the northern property line, thus enlarging tax lot 00101 by 145 feet. The
applicant owns both lots.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the
following standards 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:
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 lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will
remain after the proposed .adjustment. The minimum lot size in the R,-7 zone is 5,000 feet.
In any event, the lots will be 26,879 and 8,989 Square feet after the adjustment.
Therefore, this standard is satisfied.
NOTICE OF TYPE I DECISION MIS 199M0027 - KUSCHKE LOT LINE ADJUSTMENT PAGE 2 OF 4
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;
Reducing the size of the larger lot and increasing the size of the smaller lot will create two
buildable lots. The existing 3,014 does not meet the lot size requirements, therefore,
adjusting the lot line of the proposed parcels will be in compliance with this standard.
The resulting parcels are in conformity with the dimensional standards of the zoning
district, including:
+ 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-cif-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.
The resulting parcel widths will continue to exceed the minimum lot width requirement of
50 feet and each parcel fronts a public street. Based on this information, the standards
have been met.
With regard to flag lots:
+ 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 propeline of a lot of record where the
paved drive in an access way is locate 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.
Neither lot will be a flag lot; therefore, this standard does not apply.
The fire district ma require the installation of a fire hydrant where the length of an
access wav would have a detrimental effect on fire-fighting capabilities.
No change to the existing access is proposed as part of this Lot Line Adjustment.
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.
A common drive is not proposed, therefore, this criterion does not apply.
Any access way shall comply with the standards set forth in Chapter 18.705:
Access, Egress, and Circulation.
One lot has access to SW Roshak Road, the other to SW 159th Terrace. Therefore, this
standard is met.
NOTICE OF TYPE I DECISION MIS 1999-00027 - KUSCHKE LOT UNE ADJUSTMENT PAGE 3 OF 4
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:
AAA Lin justment 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 SEPTEMBER 30,1999.
AND BECOMES EFFECTIVE ON OCTOBER 1, 1999.
Questions:
you~y~have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (603) 639-4171.
September 30, 1999
PREPARED BY: I Mathe hei e f DATE
Assistant Planner
September 30, 1999
APPROVED BY- Richard BewersdWff DATE
Planning Manager
i:\cu rpln\Matt\mis\1999-00027. ELA. d oc
NOTICE OF TYPE I DECISION MIS 1999-00027 - KUSCHKE LOT LINE ADJUSTMENT PAGE 4 of 4
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MIS 1999-00027
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Community Develoomet Plot date: Sep 28; 1999; GAmagicWG1C03.APF2