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MIS1999-00028 Decision - WETTER L.L. ADJ. #2 NOTICE OF TYPE I DECISION "URBAN SERVICE AREA 91TY OF LOT LINE ADJUSTMENT (MIS) '1999-00028 Community ty ty Dev Deva° e3oprttent WETTER LOT LINE ADJUSTMENT #i*2 Shaping A Better Co pnl t.Y 120 DAYS = 211012000 SECTION 1. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: WETTER LOT LINE ADJUSTMENT #2 CASE NO: Lot Line Adjustment MIS1999-00028 PROPOSAL: The owners of record of the subject property request lot line adjustment permission to adjust two parcels of 125,452 square feet and 87,120 square feet into two parcels 65,840 square feet and 147,232 square feet. APPLICANT: Dick Bancroft 140 NE Third Avenue Hillsboro, OR 97124 OWNER PARCEL 1 & 2: Douglas Wetter 1055 NE 251' Avenue, Suite C Hillsboro, OR 97124 LOCATIONS: The lots are located at the northeast corner of the intersection of SW Beef Bend Road and SW 133rd Avenue. PARCEL 1: 13055 SW Beef Bend Road; WCTM 2S109DO Tax Lot 00421. PARCEL. 2: 13055 SW Beef Bend Road; WCTM 2S109DO Tax Lot 00422. COMPREHENSIVE PLAN DESIGNATION: R-7; Medium Density Residential. ZONING DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION 11. 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, NOTICE OF TYPE I DECISION MIS 9999-00028 -WETTER LOT LINE ADJUSTMENT #2 PAGE 9 oF4 CONDITION OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACTSHALL BE MATHEW SCHEiDEGGER IN THE PLANNING DIVISION AT 5013®639-41711. 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. VAL. SHALL BE VALIDPt3R 18 MONTHS THIS THE APPROVAL DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: These residential lots were created as part of the Woodside No. 2 Subdivision. The Lot Line Adjustment request involves Lots 15 and 16 of the Woodside No. 2 Subdivision. Proposed Parcel B will contain the existing single-family dwelling and incorporate the tennis court. Proposal Description: The proposed Lot Line Adjustment would relocate the common property line between the two existing lots so that the tennis court would be located on the same parcel as the existing residence. This adjustment would increase Tax Lot 421 from 2.88 acres to 3.38 acres (Parcel B) and decrease Tax Lot 422 from 2.0 acres to 1.50 acres (Parcel A). 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. Tigard Community Development Code Table 18.510.2 indicates that the underlying R-7 zone has a 5,000 square foot minimum lot size. The lots exceed the minimum lot size and will continue to exceed it (Parcel A: 65,340; and Parcel B: 147,233 square feet respectively) after the proposed Lot Line Adjustment. Therefore, this standard is satisfied. 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; NOTICE OF TYPE I DECISION MIS 1999-00028 - WETTER LOT LINE ADJUSTMENT #2 PAGE 2 OF4 The proposed Lot Line Adjustment would increase the size of Parcel B and decrease the size of Parcel A. This standard, therefore, applies only to Parcel A. The Table below summarizes the dimensional standards of the R-7 zone relative to the proposal: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES Proposed R-7 Parcel A Parcel B STANDARD Minimum Lot Size Detached unit 5,000 sq. ft. 55,340 sq. ft. 147,232 sq. ft. - Duplexes 10,000 sq. ft. - Attached unit [1I 5,000 sq. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 510 fL 290 fit,. - Duplex 101s 50 ft, - Attached unit lots 40 ft. Maximum trot cave; age 80% NIA NIA Minimum Setbacks - Front yard 15ft, NIA 100 ft. - Side facing street on corner & through lots 10 ft. N/A, NIA - Side yard 5 ft. N/A 150 ft, - Rear yard 15 ft N/A 275 ft. Side or rear yard abutting more restrictive zoning district 30 ft. NIA N/A - distance between property line and front of garage 20 ft, N/A N/A Maximum sleight 35 ft, N/A NIA Minimum Landscape Requirement 20% NIP, NIA [1] Single-family attached residential units permitted at one awelling per lot with no more than five attached units in one grouping. [21 Lot coverage includes all buildings and impervious surfaces. The data above indicates that all applicable dimensional standards will be met. The setback standards do not apply to Parcel A as no building exists or is proposed at this time. 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 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. All dimensional standards either meet or exceed standards set for the R-7 zoning district. The Dwelling unit and the tennis court on Parcel B were approved by Washington County, neither lot is a flag lot and bath parcels have frontage on SW Beef Bend Read exceeding 15 feet. Therefore, this criterion is met. With regard to flag lots: 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 k~e located so as to maximize separation from existing structures. NOTICE OF TYPE I DECISION MIS 1999-00028 -WETTER LOT LINE ADJUSTMENT #2 PAGE 3 OF4 o A screen shaft be provided along the property line of a lot of record where the paved drive in an access way is locate within 90 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 may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. The fire district approved the previous access for these lots and since both parcels have access on improved reads, this standard does not apply. 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. Both lots have access to paved roads, therefore, this standard is met. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and !Circulation. Both lots have direct access to paved roads, therefore, this standard does not apply. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Nall and mailed to: X The applicant and owners X Affected government agencies Final Decision:. TLoe 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 NOVEMBER 4, 1999 AND BECOMES EFFECTIVE ON NOVEMBER 5, 1999. Questions-If you have an uestions, please call the City of Tigard Planning Division, Tigard City Nall, 13'125 SW Na(I Boulevard, Tigard, Oregon at (503) 639-4171. / t November 4, 1999 PREPARED atl~ chei dger DATE Assistant Planner November 4, 1999 APPROVED BY: Richard BewersdorFf DATE Planning Manager i:lcurpln\Mathewtmislmis 1999-00028.dec.dot NOTICE OF TYPE 1 DECISION MIS 1999-00428 -WETTER LOT LINE ADJUSTMENT #2 PAGE 4 OFd PROPOSED USE ~ a + w 2 SINGLE FAMILY DETACHED RESIDENCES ~ cc p. ` (7'.,t f;+ ! 1 r M t sg 955 1 r1.Oiir ~.._.A 330 'Y -n C JC' 7 -J 20 10 ;c; QMAEa aODULA S WETTER 1151 NE 25TH vC SjITE C 390. f71LLSUJR,O, OR 97124 ,p$j, "'~i I Pk{aH t9a9t G93-.MSS RM"y l 315 VICINITY MAP 310 Scaty I' . 2400' Proposed Property i.ine ,L0 Existing Property Une 1 a 'sE cs 'r' o re 144 .~.o~+'°jO C 300 310 - ' PARCEL B 65 4 J08 No. 00 75913 305 4 1 Oro 1 l x.15 300K ¢"pC 893 a i CX1511m, H"St 250 4p I i Td.61 tits ) _ L00 TENNIS COURT/ 1 23.-s A ITS g. PARCEL A a LTC ij6~,,,h 96.24 O. r...,e•' 1.50 ACRES tS3 504.9 S)N Bell 25,49 PROPOSED LOT LINE ADJUSTMENT 259 LOTS E5 4 IG WOODSIDE NO. 2 a1,r~ a r-- asa TAX LOTS 4ZI 4 422 MAP ZS$-9D WASHINGTON COUNTY, OREGON R. E. BANCROFT 4 ASSOCIATES. INC. CIVIL ENG)NEERS - LAND SURVEYORS - PLANNERS Sr°~f: I"•50' SEPTEMBER 7, 1999 I 140' N.E. 3rd Avo, 14114brrro, Oregon 97124 CC 648-4101 "URBAN SERVICE AREA" Q MIS1999-00028 WETTER LOT LINE ADJUSTMENT #2 .tLtl sY83EM k GCOG0.FPttlL ~ MAP ..uRSAN FLVICIE aRA• L mis s I J -0002V k WETTER T { , 1 Lo i LE U~z 2 TAX L.4' \ 1A f FOWA ~ Ct ~Lq SIN , l m sir .0 13' Y :[t t 1 I ~i m f 4l 1 4 ACki'VALE 46a 600 Feet 1'. 473 (act w r 4 4r 1 ¢ 1l'i 1 1 Ct,;A 41 K ~tt a n era locaUan sDand 3.. to dttn ve do thzs sna me nt 5drritds pivisidn- Ems- shass4d ha e verifiedv 13i2513125 5V bt OF 972,2 I I y- C13 httit`.t514`M1+M1V.ra gdsd ocsss Plat date: Nov 3, 1999; G'WagiclMAt~tGt13.APR NOTICE OF TYPE I DECISION SETBACK ADJUSTMENT [MIS) 1999-00028 CITY OFTtGARD Si.EY SETBACK ADJUSTMENT Develop .i L3evelopment Shaping A Better 1 20 DAYS = 1/14/2000 SECTION 1. APPLICATION SUMMARY FILE NAME: EASLEY SETBACK ADJUSTMENT CASE NO: Setback Adjustment MIS1999-00 PROPOSAL: The applicant has requested approval for a Development Adjustment to reduce the minimum rear setback. The adjustment is requested to allow a maintenance building within the required rear yard setback. APPLICANT: John Easley OWNER: Same 12923 SW Walnut Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. LOCATION: 12923 SW Walnut Street; WCTM 2S104AD; Tax Lot 04800. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 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. The findings and conclusions on which the decision is based are rioted in Section IV of this decision. NOTICE OF TYPE I DECISION MIS1999-000 , -EASLEY SETBACK ADJUSTMENT PAGE 1 OF 3 a~' r i SECTION 111. BACKGROUND INFORMATION Site History: t A Minor Land Partition was issued in 1996 splitting one (1) lot into two (2) separate parcels. A Variance was also issued for exceeding the maximum lot depth to width ratio. Vicinity Information: The property is located north of SW Walnut Street between SW 128th Avenue and SW 129th Avenue, and south of SW Katherine Street. Site Information and Proposal Description: The subject property has frontage on SW 129"' Avenue. The future pole building that the applicant is requesting the Adjustment for will be located approximately 32 feet from the existing house and connected to the primary structure with a 3-foot-wide covered breezeway. Because the future pole building is connected to the house with a covered breezeway, the structure becomes park of the primary dwelling and is exempt from the accessory structure standards. SECTION IV. APPLICABLE REVIEW CRITERIA, AND FINDINGS DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS: Section 18.370.020:B.1.a provides that up to a 25% reduction of the dimensional standards for the front yard setbacks required in the base zone may be approved as a Type I Development Adjustment. Section 18.370.020.8.2, Approval Criteria, provides that a development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has requested the full 25% reduction. This would reduce the rear yard setback from 15 feet to 11 feet, 3 inches. The "desired effect" is to have the maintenance building placed as near to the rear property line as possible do to physical restraints (heart problems). The adjustment will result in the preservation of trees, if trees are present in the development area, No trees are impacted by the proposal. Therefore, this standard does not apply. The adjustment will not impede adequate emergency access to the site'and The adjustment will affect the rear yard setback only. Emergency access from the public street fronting the property will not be affected. Therefore, this criterion is satisfied. NOTICE OF TYPE C DECISION MIS1999-00026 -EA LEY SETBACK ADJUSTMENT PAGE 2 OF 3 There is not a reasonable alternative to the adjustment, which achieves the desired effect. As noted above, the desired effect is was to have the maintenance building placed as near to the rear property line as possible do to physical restraints of the applicant (heart problems). There is no alternative to the proposed adjustment. The proposed adjustment is, therefore, the only reasonable alternative that achieves the desired effect and this criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION 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 AS OF SEPTEMBER 20, 1999. THE EFFECTIVE DATE OF THIS DECISION SHALL BE SEPTEMBER, 21, 1999. 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. - September 20, 1999 PREPAR D a` hew Scl er DATE Assistant Planner September 20, 1999 APPROVED BY: Richard Bewers DATE Planning Manager 6curp1n\Mathewlm1s 9 999-00028.dee NOTICE OF TYPE I DECISION MIS1999-O00?9- EASLEY SETBACK ADJUSTMENT PAGE 3 OF 3 Ala i ' i I ~j e KIS~ MlS ! 999-0062 ) L. EA LEY SETBACK ADJUSTMENT x a@fl GR#,p N4C i~iP4R+rn t4AP 1 ' s VAS'' S`..____°i \ ~y. a►arrr i ' " O E s j sl rte! ~~y ~ ~ XE CT I k tA fail, ` i ~iM 343 toe% S - .0c ~ ~ ~ gwsai lauKUnn antY ?5 atti. is ivr 4$ ntSss'u'acos pSv~ s t ~ anon on t%ta ma~pa ~$v¢tcS~ Mfarsss iyhnd+~iV's SS9AUkd tse vs 12`' „W ttaU S'i4a4 . OR 97,223 s ~ G55-A17i oo~ p(ot date; Sep M199~ , U 1tt i