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MIS1999-00029 Decision - WETTER/MCMULLEN L.L.A. NOTICE OF TYPE I DECISION `'URBAN SERVICE AREA" LOT LINE ADJUSTMENT {MIS} 1999-00029 Community De elopment WETTERIMCMULLEN LOT LINE ADJUSTMENT Shaping A Better Community 120 DAYS = 2/1012000 SECTION 1. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: WETTERIMCMULLEN LOT LINE ADJUSTMENT CASE NO: Lot me Adjustment MIS1999-00029 PROPOSAL: The owners of record of the subject property request Lot Line Adjustment permission to adjust two parcels of 147,232 square feet and 85,813 square feet into two (2) parcels of 65,340 square feet and 167,705 square feet. APPLICANT: Dick Bancroft 140 NE Third Avenue Hillsboro, OR 97124 OWNER PARCEL 1: Dou las Weger 1056 NE 25'~ Avenue, Suite C Hillsboro, OR 97124 OWNER PARCEL 2: David McMullen 12975 SW Beef Bend Road Tigard, OR 97224 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: 12975 SW Beef Bend Road; WCTM 2S109DD Tax Lot 00501. COMPREHENSIVE DESIGNATION: R-7; Medium Density Residential. ZONING DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Sgcare 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 APPLICABLE for medium density residential developments. 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 OFTYPE I DECISION MIS1999-00029 - WETTEr21MCMULLEN LOT LINE ADJUSTMENT PAGE 1 Oti=4 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:603-639-41 71. 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 18r MONTHS FROM THE EFFECTIVE DATE of THIS DECISION., . SECTION III. BACKGROUND INFORMATION Site Information: There are existing homes on Tax Lot 421 and 501. There are no associated wetlands or floodplains. The adjustment will create a new lot line for Tax Lot 501 that will substantially add to the lot°s existing acreage. Proposal Description: A Lot Line Adjustment was approved previously for the adjustment between Tax Lot 421 and 422 (MIS1999-00028). As a result of MIS1999-00028 approval, Tax Lot 421 (Parcel A) was increased by 1.38 acres, giving it a total acreage of 8.38. The proposed Lot Line Adjustment (MIS1999-00029) will adjust the common boundary line between Tax Lot 421 and 501 (Parcel B) so that the northerly 1.41 acres of Tax Lot 421 would be transferred to Tax Lot 501, thus increasing Parcel B from 1.97 acres to 3.85 acres. Tax Lot 421 would then be reduced from 3.38 acres to 1.50 acres after the adjustment. 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 zoning 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: 157,706 square feet respectively) after the proposed Lot Line Adjustment. Therefore, this standard is satisfied. NOTICE OF TYPE I DECISION MIS1999-00029 - wE7TERIMCMULLEN LOT LINE ADJUSTMENT PAGE 2 OF4 By reducing the lot size, the lot or structuros(s) on the lot will not be in violation of the site development or zoning district regulations for that district; 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 STANDARD R-7' Parcel A Parcel 6 Minimum Lot Size - Detached unit 5,000 sq. ft. 65,340 sq. ft. 167,706 sq. ft. - Duplexes 10,000 sq. ft. -Attached unit [1] 5,000 sq. ft. Average Minimum Lot Width - detached unit lots 50 ft. 295 ft. <50 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot coverage 80% N/A N/A Minimum Setbacks - Front yard 15ft. 100 ft. <15 ft. - Side facing street on corner & through lots 10 fit. N/A N/A - Side yard 5 ft. 55 ft. {5 ft. - Rear yard 15 ft. 70 ft. N/A - Side or rear yard abutting more restrictive zoning district 30 ft. N/A N/A - Distance between property line and front of garage 20 ft. N/A N/A Maximum Height 35 ft. N/A N/A Minimum Landscape Requirement 20/4 N/A N/A [1] single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping. l21 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 BB, adding acreage will only increase setbacks for existing buildings. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: e 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; 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 o 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 units on bath parcels were approved by Washington County, neither lot is a flag lot and both parcels have frontage on SW Beef Bend Read exceeding 15 feet. Therefore, this criterion is met. With regard to flag lots: NOTICE OF TYPE I DECISION MIS1999-00029 - WETTER/MCMULLEN LIT LINE ADJUSTMENT PAGE 3 OF4 i 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 Ise located so as to maximize separation from existing structures. e A screen shalt be provided along the property line of a lot of record where the paved drive in an access way is locate within ten feat 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 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 roads, therefore, 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 Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: ALot Line T\Ujustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or othe6kise 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 I FINAL ON NOVEMBER 4,1999 AND BECOMES EFFECTIVE ON NOVEMBER 5,1999. A Questions. It you have any cuestions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503)T39-4171. . November 4 1999 PREPA Y erDATE Assistant Planner November 4 1999 APPROVED BY. Richard Bewers orff DATE Planning Manager i.1cu rp I n\Mathew\misimis 1999-00029 NOTICE of TYPE I DECISION MIS1999-00029 - WETCEFt/MCMULLEN LOT LINE ADJUSTMENT PAGE 4 OF4 4 f ' { 'f, u•_. :r C. . ; r, PROPOSED USE # ; - « ~r 2 SINGLE FAMILY DETACHED RESIDENCES t fi 7.`CJ +i x t ,Jit S$A - Ire t'' Y:. DOUGLAS S. WETTER -14 r . TOSS RE Z-57 AVr. SUITE C 3 9O gff 26dr06 rif HILLSBORO, OR 971'4 PHONE. 15037 633_0185 313 . VICINITY MAP 4i G ..3Fo . . ,t SLaIK -1' 2404 SS•''~, PARCEL _30' gSfl 1 33 3.8ACRES , ?r .♦d •I~a rt Ut4a 6U'Z{F"CR Its Soo , f C0 t05ed Property Line 1;.An G~° t, ' . 310 t 1 A95.79 m x JOB NO. 007599 3a5 o I v n "PARCEL. A n 1.50 ACRE - _ 300 • _ z4a ty. c; ' rxtsTfw- ' s9o \15 7A.11 . - ttt BS ~1 E~~;o1~iry1 i 6n C,a Lea to 28242 I 14. 2 tso AT13 TENNIS COURT 50c68 ITS g0 5 A TAX LOT 422 s:o t ~s MAP 2SI-9D *i ~~AD oA 254 25 0 PROPOSED LOT LINE ADJUSTMENT 6t t93 TAX LDT 421 MAP 2SI-90 9 TAX LOT 501 MAP 2SI-9DD WASHINGTON COUNTY, OREGON R. E. BANCROFT d ASSOCIATES, INC. Scala: 1'40* SEPTEMBER 7, 1999 CIVIL ENGINEERS - LAND SURVEYORS PLANNERS F-- 140 N.E. 3rd Ave., Hillsboro, Oregon 87124 Q 646-4101 "URBAN SERVICE AREA" MIS1999-00029 WETTERIMCMULLEN LOT LINE ADJUSTMENT uxttPw SYStE~ ~ ~ BEL ~'An~.Hia 4HfaX VICit4llry MAP EtF V'CV'ARf-A . ,r ..URBAN ~ M1S19- 1. LI SUBJECT. ISM j W TAX LOT NOE rte ~,~nfi ` r^t O Sly BEX Y Feat - - i daa saa a 473 feet - ~ ~ y C F~t~ tll l `7 1 fl{~.,1 ~,_,1.:v3Tt C4 and a6anani cwGr.anzSar. shaa4d be, . Na`i C+Atd d 1 2s mn p-1 4asi3l~ at71 C:lmagictt ~i{G3.APE p aa d te: Nov 3,1999; } S