MIS2006-00009 Decision - ANDERSON LOT LINE ADJUSTMENT fr
NOTICE OF TYPE I DECISION
LOT LINE ADJUSTMENT (MIS) 2006 -00009 s
ANDERSON LOT LINE ADJUSTMENT TIG?A
120 DAYS = 9/9/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: ANDERSON LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2006 -00009
PROPOSAL: The applicant proposes to adjust one (1) lot line, which will reconfigure two (2)
different lots. The two lots are commonly owned and located on SW 121 Street,
north of Walnut Street and South of Ann Street. The a pplicant desires to adjust
part of the lot line separating Lots 1 and 2. Lot 1 is 36,600 square feet and will
become 42,167 square feet; Lot 2 is 14,572 square feet will become 9,006 square
feet.
APPLICANTS: Mary Anne and Edward L. Anderson
PO Box 23593
Tigard, OR 97281
OWNER: LOT 1: Same as applicants.
LOT 2: Same as applicants.
LOCATIONS: LOT 1: WCTM 2S103BA, Tax Lot 00900, 12330 SW 121" Avenue.
(36,600 square feet)
LOT 2: WCTM 2S103BA, Tax Lot 01002, 12370 SW 121' Avenue.
(14,572 square feet)
COMPREHENSIVE
PLAN
DESIGNATION: Low-density residential.
ZONING R-4.5: Low Density Residential District. 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. Duplexes and
attached single - family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.410, 18.430 and 18.510.
SECTION II. 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
MIS2006- 00009 - ANDERSON LOT LINE ADJUSTMENT PAGE 1 OF 4
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED WITHIN 18 MONTHS OF
THIS DECISION:
Unless otherwise noted, the staff contact shall be Emily Eng in the Planning Division at (503)
718 - 2712.
1. The applicant shall record the lot line adjustment with Washington County and submit a copy
of the recorded survey map to the City, to be incorporated into the record.
2. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City
within 15 days of recording and shall be completed prior to the issuance of any building permits
on the re- configured lots.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SE CTION III. BACKGROUND INFORMATION
Site Information:
Lot 1 (Tax Lot 00900) and Lot 2 (Tax Lot 01002) are located on SW 121st Avenue, between Walnut
Street and Anna Street, within Tigard's Incorporated Boundary. One dwelling exists on each lot.
Proposal Description:
The applicant proposes to adjust one (1) lot line, which will reconfigure two (2) different lots. The
applicant desires to adjust part of the lot line separatin Lots 1 and 2. Lot 1 is 36,600 square feet and
will become 42,167 square feet; Lot 2 is 14,572 square feet will become 9,006 square feet.
SE CTION 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 parcel is created. Two (2) lots exist and two (2) lots will remain.
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;
The minimum lot size in an R-4.5 zone is 7,500 square feet for detached single- family dwelling units.
The existing two lots exceed the minimum lot size required by the code and the resulting two lots will
also exceed the minimum lot size. Existing dwellings will not be in violation of zoning regulations.
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 -of -way by at
least 15 feet or have a legally recorded minimum 15 -foot wide access easement; and
NOTICE OF TYPE I DEQSION
MIS2006- 00009 - ANDERSON LOT LINE ADJUSTMENT PAGE 2 OF 4
A
• Setbacks shall be as required by the applicable zoning district.
The resulting parcels would be in conformity with dimensional standards. The existing dwellings are
currently in conformity and would remain that way.
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 property line of a lot of record where the paved
drive in an access way is located 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 lots are flag lots and no flag lots would result from the proposed lot line adjustment. These
standards are not applicable.
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 applicant does not propose a change to access ways.
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.
The applicant does not propose a common drive.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
The applicant does not propose to create new access ways.
Exemptions from dedications:
A lot line adjustment is not considered a development action for purposes of determining
whether floodplain, greenway, or right -of -way dedication is required.
The proposed lot line adjustment is not a development action. Therefore, no dedications are required.
Variances to development standards:
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments.
The applicant does not request a variance.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
met for Lots 1 and 2.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was mailed to the applicant /owners.
Final Decision:
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 ON MAY 16, 2006,
AND BECOMES EFFECTIVE ON MAY 17, 2006.
NOTICE OF TYPE I DECISION
MIS2006- 00009 - ANDERSON LOT LINE ADJUSTMENT PAGE 3 OF 4
Questions:
If you have any questions, please contact Emily Eng at (503) 718 -2712, City of Tigard Planning
Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, OR 97223.
i < < May 15, 2006
P .4:111i ► :Y.� -11.. y Eng DATE
Assistant Planner
NOTICE OF TYPE I DECISION
MIS2006- 00009- ANDERSON LOT LINE ADJUSTMENT PAGE 4 OF 4
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