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MIS2004-00010 Decision - VOLPE LOT LINE ADUSTMENT �� N OTICE � OF T INDECI �, • "URBAN SERVICE AREA n " w, '1 - " CITY OFTIGAR �'� +. LOT LINE ADJUSTMENT�(MIS) 2004 00010 i " s � s COnlm s Lopuze ' — VOLPE LOT LINE ADJUSTMENT shag ng a' tt r eummuntty 120 DAYS =11 /9/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: TERRY VOLPE LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment (MIS) MIS2004 -00010 PROPOSAL: The applicant is proposing to adjust two (2) lot lines, which will reconfigure three (3) different lots. Portions of two lots and all of one lot are located within Tigard's Urban Growth Boundary (UGB). The proposed adjustment would reconfigure the lots so that the resulting parcels are either entirely within or entirely outside of the Urban Growth Boundary. Parcel #1 of 8.72 acres will become 8.83 acres; parcel #2 of 1.02 acres will become .91 acres, both of which would be located entirely within Tigard's UGB. Parcel #3 will remain the same size of 4.85 acres and be located entirely outside of Tigard's UGB. OWNER Volpe, Joseph and Berniece U TRS PARCELS land 2: 16480 SW Bull Mountain Rd. Tigard, OR 97224 OWNER Avolio, Gerald & Janet TRS PARCEL 3: 16650 SW Bull Mountain Rd. Tigard, OR 97223 LOCATIONS: PARCEL 1: WCTM 2S108BC, Tax Lot 12100 (No Address) (8.72 acres) PARCEL 2: WCTM 2S108BC, Tax Lot 12200 (No Address) (1.02 acres) PARCEL 3: WCTM 2S10700, Tax Lot 01303 (No Address) (4.85 acres) The properties are located south of SW Bull Mountain Road at the intersection of SW 164th Avenue. COMPREHENSIVE PLAN DESIGNATION: Medium - Density Residential. ZONING DESIGNATION: R -7 Medium - Density Residential District. The R -7 zoning district is designed 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, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. NOTICE OF TYPE I DECISION PAGE 1 OF 5 MIS2004 -00010 -TERRY VOLPE LOT LINE ADJUSTMENT SECTION II. DECISION Notice is = hereby given that the City of Tigard Commun Development Director's de has APPROVED the above request subject Ort6irt conditions of approval ,The findings;: and conclusions onwhich the decision is based are noted m Secto IV f CONDITIONS OF APPROVAL PRIOR TO THE RE'CORDINGY OF THE LOT LINE ADJUSTMENT, THE ` FOLLOWING;` CONDITIONS SHALL BE SATISFIED UNLESS OTHERWISE:' NOTED, . THE STAFF CONTACT SHALL BE GARY PAGENSTECHER IN THE PLANN ,DIVISION AT; 503-639-4111. ;_ 1. Prior to recording, a survey map and legal descriptions showing the new lot lines shall be reviewed and approved by the Planning Department. 2. Following recording, the applicant shall provide evidence to the city that the lot line adjustment survey map was recorded within 18 months of this decision. THIS APPROVAL SHALL BE ,VALID : FOR ,18 MONTHS FROM' THE EFFECTIVE `DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: Lots #1 and #2 are located within Tigard's Urban Growth Boundary. A single- family dwelling exists on Lot #2 and a C.W.S. pump station and sewer collection lines exist on Lot #1. Lot #3 is located primarily outside the UGB and the City's jurisdiction for land use matters. Other than a pre - application meeting for a subdivision earlier this year, no land use records were found. Proposal Description: The applicant is proposing to adjust two (2) lot lines, which will reconfigure three (3) different lots. Portions of two lots and all of one lot are located within Tigard's Urban Growth Boundary (UGB). The proposed adjustment would reconfigure the lots so that the resulting parcels are either entirely within or entirely outside of the Urban Growth Boundary. Parcel #1 of 8.72 acres will become 8.83 acres; parcel #2 of 1.02 acres will become .91 acres, both of which would be located entirely within Tigard's UGB. Parcel #3 will remain the same size of 4.85 acres and be located entirely outside of Tigard's UGB. 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: NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2004-00010 -TERRY VOLPE LOT LINE ADJUSTMENT • 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; three (3) lots exist and three (3) lots will remain after the proposed adjustment. The minimum lot size in the R -7 zoning designation is 5,000 square feet. The three parcels are currently each over one acre in size and will exceed the minimum requirement after adjustment as noted above in Section Ill. 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; A single - family dwelling exists on Lot #2 and a C.W.S. pump station and sewer collection lines exist on Lot #1. Due to the size of the parcels, neither lot nor the structures on those lots will be in violation of site development or zoning regulations. Should either property be developed, the applicant would be subject to the appropriate review for the proposed development thereby ensuring compliance with the site development and zoning regulations that are in place at the time of development. This standard is satisfied. 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 • Setbacks shall be as required by the applicable zoning district. Parcels #1 and #2 affected by the lot line adjustment are located within the Tigard UGB and are therefore subject to the dimensional standards of the Tigard Development Code. Because the parcels are significantly larger (8.83 acres and .91 acres respectively) than the minimum lot requirement of the underlying zone (5,000 square feet), these standards are easily satisfied. 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. There are no flag lots associated with this application. 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. There is no new access associated with this Lot Line Adjustment. Therefore, this standard does not apply. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2004 -00010 -TERRY VOLPE 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. No common driveway is associated with this application. Therefore, this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. There are no access ways affected by this application. Therefore, this standard does not apply. 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. Floodplain, greenway and right -of -way is not required as part of this application. Therefore, this standard does not apply. 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 has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met for lots #1 and #2 located within the Tigard UGB. Staff recommends the applicant contact the Washington County Planning Department with respect to those portions of Lot #3 affected by the adjustment. 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: 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 AUGUST 9, 2004 AND BECOMES EFFECTIVE ON AUGUST 10, 2004. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2004- 00010 -TERRY VOLPE LOT LINE ADJUSTMENT 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. F4.7. August 4, 2004 PREPARED BY: Gary agenstecher DATE As ciate Planner n - ( August 9, 2004 APPROVED BY: Richard Bewer,l orff DATE Planning Manager NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2004 -00010 -TERRY VOLPE LOT LINE ADJUSTMENT (/) CITY c \ pARD '••• SW COLONY PL O l GEOGRAPHIC INFORMATION SYSTEM mr- ----# A c, i i i .. A • ■ . a SW COLONY DR M IS2004 -000 I 0 . ■ . - VOLPE LOT LINE BULL MOUNTAIN _ i -: - B ADJUSTMENT . 1111 �� \ \ , ,,,,,, ,,,,,,,, , \\\ , F , , , ,, , \\.\\ . ' . ! - ' 4. - t s .,‘, ,„, ' c II I �1��� \\NI:iir : ‘), 0 4, „\ 111811111111 1 i _ ___ - . ; A „ : , :RA ��11111 11111 1111■ I F w - ' 5 „ , i ���� B say ' DEKALB ST ` � � �r,.. \ SS • 1 111111111111 EN LI IMO= �'... - ' C NITA D \\\\ \ \\ KE I � ECJs_ iD . :/� �, ( „„ 4 I o �� I , f. III LIII ���. Tigard Area Map 1 AZELTIN � �• _ .an N • 0 c4 V' 0 100 2:0300400 500 Feet U_ C: C 1 "= 391 feet -L__________ DG } ''.:': :: :', A ,: ' - . A C o f Tigard Information on this map is for general location only and / should be verified with the Development Services Division. / 13125 SW Hall Blvd Tigard, OR 97223 (503) 639 -4171 http://www.ci.tigard.oruS v Community Development Plot date: Aug 5, 2004; C: \magic \MAGICO3.APR 5/8" I.R.F. ON BULL MTN RD. AT INTERSECTION OF S.W. f 4th AVE R.R.S ED. 0.10' WEST 3/4" I.P.F. IN MON. BOX SET S.N. 9906 r NW CORNER SW 1/4, NW 1/4 OF - SECTION 8 ROAD ANGLE POINT NO. 1 0 W iv 13 +19.32 S.N. 23,997 E 4 cn N 89'47' E N 8947' E 14.50' 228.99' Ci 228.99' 7 p8 PROPERTY LINE PROPERTY LINE � - ADJU�p ADJUSTMENT TO BE ADJUSTED W 3 3 PROPERTY UNE SKETCH FOR p 8 8 8 • MARSHALL—WEBER N 0043' E 17.36' Z y s 8947'W N EER LLC. 140.00' AND WEST 14.50'-i EAST 8.30' GERALD P. AND m JANET L AVOLIO o E RA ° P I P 'A d 00 °T R PE P 0 �� �T 68 SITUATED IN THE N.W. 1/4 OF R E g 1 o V0 p , SECTION 8 AND THE N.E. 1/4 GEE( 1.. 5 , M W 3 pEE 95 OF SECTION 7, TOWNSHIP JA. EE g 6 ' 0 NO. 2- SOUTH, RANGE 1 -WEST, OF ,NO' o THE WILLAMETTE MERIDIAN, • z ° WASHINGTON COUNTY, OREGON ADJUSTED PROPERTY LINE PROPERTY LINE ,e TO BE ADJUSTED BASIS OF BEARING: DEEDS AND SECTION LINE APRIL 30, 2004 r� ' SCALE: 1* = 200' WEST 8.30 0 n 0 N 1- W A W p M °° DESIGNED BY: . .e� •— HARRIS—MCMONAGLE WEST 1/4 CORNER SECTTION ASSOCIATES, INC. 8 ED 3 -1/4" ALUM. CAP IN ENGINEERS - SURVEYORS � CONC. T.2S., R.1 W. 7 8 PER V.S.B.T. BOOK 7, PAGE 395 12555 S.W. HALL BLVD. 5/8" I.R.F. N 0.40' TIGARD, OR 97223 -6287 (330.00' S.N. 13,660) PHONE: (503) 639 -3453 328.82' 1 '1 FAX: (503) 639 -1232