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MIS1999-00007 Decision - FOUSHEE LLA NOTICE Of DECISION LOT LINE JUSTMENT (MIS) 99=0007 CITY OF.PGARD FOIISNEE LOT LINE ADJUSTMENT Community Development Shaping A Better Community . SECTION I. APPLICATION SUMMARY CASE: FILE NAME: FOUSHEE LOT LINE ADJUSTMENT Lot Line Adjustment (MIS) 99-0007 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property line between two (2) residential lots by 957.04 square feet APPLICANT/ Sean Foushee OWNER 12916 SW Wilmington Lane Tigard, OR 97224 LOCATIONS: Both lots have frontage on SW Autumn View Drive in the Arlington Heights No. 2 Subdivision; WCTM 2S109AD tax lots AH040 and AH041. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-7 APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION IL DECISION Notice is hrb.y given that the City of Tigard Community Development Director's designee has APPROVED the above request subJ'ect to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION MIS 98-0024 - DALBEY LOT LIME ADJUSTMENT PAGE 1 OF 4 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 JULIA HAJDUK IN THE PLANNING DEPARTMENT (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 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject properties are within a residential subdivision. Bath lots are currently vacant. Proposal Description: The applicant owns both parcels and wishes to construct a dwelling on lot 40. The lot line adjustment will allow the dwelling to be the size and location desired while still meeting the 15 foot rear yard setback. The proposal is to adjust the line a maximum of 10 feet to allow a minimum of 15 feet from the rear of the dwelling. The proposal will increase lot 40 by 953 square feet and decrease lot 41 by the same amount. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LIME ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: 18.410.040 - Approval Criteria. 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 underlying zoning is R-7, which has a 5,000 square foot minimum lot size (TMC 18.510.2). The lots (approximately 9,570 and 10,456.99 square feet) exceed the minimum lot size and will continue to exceed it (10,523 and 9583 square feet) 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 DECISION MIS 98-0024- DALBEY LOT LINE ADJUSTMENT PAGE: 2 OF 4 3 The lot line adjustment will actually enable the proposed structure to meet the rear yard setback. Because lot 41 is vacant, any structure placed on the lot will be required to comply with setbacks at time of building permit review. 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; B. 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; C. Each lot created through the partition process shall front a public right-o€-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and D. Setbacks shall be as required by the applicable zoning district. The minimum lot width in the R-7 zone is 50 feet, both lots will continue to have more than 50 feet of width and more than 25 feet of frontage, The lot area for each lot after the adjustment will exceed 5,000 square feet. As discussed previously, the setbacks will be met as a result of this adjustment, therefore, this standard has been 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 be located so as to maximize separation from existing structures. B. A screen shall be provided along the proper 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 rna also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Neither lot is 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. No access way is being created or altered; 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 will have individual access onto a public street. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. The access way was reviewed and approved as part of the original subdivision review. In addition, the access to lot 40 will be reviewed as part of the building permit approval. Access to lot 41 will be reviewed at the time of future building permits are reviewed. SECTION V. PROCEDURE AND APPEAL INFORMATION NOTICE OF DECISION MIS 98-0024 -oALBEY LOT LIME ADJUSTMENT PAGE 3 of 4 A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the date it i 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 APRIL 1, 1999. THE EFFECTIVE DATE OF THIS QECISIQN SHALL QE APRIL 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 (593) 639-4171. April 1, 1999 PREPA AfiY: Julia. Hajduk DATE Associate Plattner i:1cu rptnyuliatmis~fooshee; lla,doc NOTICE OF DECISION MIS 9MG24 - DALBEY LOT LINE ADJUSTMENT PAGE 4 OF 4 JAN 11 '913 O1= 29PM MARK STE14ART & ASSOC P.1 r d r f* tt d t t""Q. e r I .0 ! m 1 ~ 1 tW . at ' is .isr' _ . , r