MIS2002-00008 Decision - SMITH LOT LINE ADJUSTMENT N OF T I DECISION
"URBAN SERVICE AREA"
CITY OF TIGARD
LOT LINE ADJUSTMENT (MIS) 2002- 00008 Community Development
Shaping A Better Community
SMITH LOT LINE ADJUSTMENT
120 DAYS = 10/09/2002
SECTION I. -APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: SMITH LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2002 -00008
PROPOSAL: The applicant is proposing to adjust one (1) property line, which will
reconfigure two (2) different lots. Parcel #1 of 1.61 acres will become
2.18 acres. Parcel #2 of 1.43 acres will become .85 acre.
APPLICANT: Gayla Smith
14985 SW 133 Avenue
Tigard, OR 97223
OWNER Jewell Smith OWNER Gayla Smith
PARCEL 1: 14925 SW 133 Avenue PARCEL 2: 14985 SW 133 Avenue
Tigard, OR 97224 Tigard, OR 97224
LOCATIONS: PARCEL 1: WCTM 2S109AC,Tax Lot 00900 (14925 SW 133 Ave.)
(1.61 acres)
PARCEL 2: WCTM 2S109AC,Tax Lot 01000 (14985 SW 133 Ave.)
(1.43 acres)
COMPREHENSIVE
PLAN
DESIGNATION: Medium - Density Residential.
ZONING
DESIGNATION: R -7: Medium - Density Residential. 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.
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 PAGE 1 OF 4
MIS2002 -00008 —SMITH LOT LINE ADJUSTMENT
CONDITIONS OF APPROVAL
t.
PRIOR TO. THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION
SHALL BE SATISFIED: "UNLESS OTHERWISE NOTED, THE STAFF` CONTACT SHALL BE Y'
MORGAN TRACY IN THE PLANNINGOIVISION:At 503 - 639-4171
1. The Lot Line Adjustment survey map shall reflect a 5 -foot minimum side yard between
the proposed adjusted lot line and the accessory structure, and a 15 -foot minimum
rear yard behind the dwelling on Parcel 1.
2. 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 a MONTHS
FROM < THE EFFECTIVE, 'DATE. OF, DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located on the west side of SW 133 Avenue off of Bull Mountain
Road. City records show that the lots were created through the Woodside Subdivision,
approved in Washington County. A building permit for a garage addition was issued in
1999 for Parcel 2, but expired. No other records were found.
Proposal Description:
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2)
different lots. Parcel #1 of 1.61 acres will become 2.18 acres. Parcel #2 of 1.43 acres will
become .85 acre. The applicants are both related (mother and daughter) and intend on
selling the smaller parcel once this lot line adjustment has been completed. This will
enable continued use of the property for llama pasture.
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. The R -7 zone has a minimum lot size requirement
of 5,000 square feet for single - family detached units. The existing lots will be well within
those dimensional requirements. 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 PAGE 2 OF 4
MIS2002-00008 -SMITH LOT LINE ADJUSTMENT
There is an existing small accessory structure (160 square foot barn) that is situated
behind the dwelling on Parcel 1. By adjusting the lot line per the applicant's plan, the barn
would become a part of Parcel 2. The proposed lot line however, sits one foot east of the
accessory structure, in violation of the required setbacks for the R -7 zone. Staff has
contacted the applicant and has verified that moving the proposed lot line four feet to the
east will not affect the owner's objectives, and will enable the proposal to comply with the
site development and zoning district regulations.
FINDING: The zoning district standards, specifically the side yard setback to the
accessory structure, are not met.
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.
Both lots will continue to meet the minimum standards of the R -7 zone as they apply to lot
width and frontage, and by imposing a condition of approval related to the required side
yard setback, setbacks will also be met. There are no flag lots associated with this
proposal. This criteria is 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.
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.
NOTICE OF TYPE I DECISION PAGE 3 OF 4
MIS2002-00008 -SMITH LOT LINE ADJUSTMENT
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
will be met with the imposition of the following condition.
CONDITION:The applicant/owner shall prepare a revised lot line adjustment plan that
reflects a minimum 5 -foot setback between the proposed adjusted lot line
and the accessory structure.
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 JUNE 12, 2002,
AND BECOMES EFFECTIVE ON JUNE 13, 2002.
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.
June 12, 2002
EPARD BY: Mor an Tracy DATE
Associate Planner
41111 �► t. -_�7 June 12, 2002
APP OVED BY: Richar. ewersdorff DATE
Planning Manager
is \curpin \morgan \workspace \IIa \mis2002 -00008 (smith Ila).doc
NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2002 -00008 -SMITH LOT LINE ADJUSTMENT
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