MIS2003-00024 Decision - BRENTWOOD HOMES •
NOTICE OF I DECISION
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LOT LINE ADJUSTMENT (MIS) -2003 00024 C naARD "
= Conimututy Development
BRENTWOOD HOMES LOT LINE ADJUSTMENT `
120 DAYS = 11/11/2003
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: BRENTWOOD HOMES LOT LINE ADJUSTMENT
CASE NO.: Lot Line Adjustment (MIS) MIS2003 -00024
PROPOSAL: The applicant is proposing to adjust one (1) property line, which will
reconfigure two (2) separate parcels. Parcel #1 of 18,380 will become
21,464 square feet. Parcel #2 of 18,227 will become 15,143 square feet
respectively.
APPLICANT: Brentwood Homes
Attn: Ryan Langham
14912 SW Summerview Drive
Tigard, OR 97224
OWNER OWNER
PARCEL 1: John O. Noffz Jr. PARCEL 2: Same
14912 SW Summerview Drive
Tigard, OR 97224
LOCATIONS: PARCEL 1: 15650 SW Burgundy Terrace;
WCTM 2S108BD, Tax Lot 8100.
PARCEL 2: 14825 SW Brooklet Place;
WCTM 2S108BD, Tax Lot 8200.
ZONING
DESIGNATIONS: R - The R - 7 zoning district is designed to accommodate attached
single - family homes, detached single - family 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.
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,Tigarda Community Development Directors designee
has APPROVED th e.above request subject to certain conditions of approval The jindingS
and conclusions on which the decision is based are noted ;in Section IV
NOTICE OF TYPE I DECISION PAGE 1 OF 4
MIS2003- 00024— BRENTWOOD HOMES LOT LINE ADJUSTMENT
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CONDITION OF APPROVAL
PRIOR TO THE RECORDING 'THE LOT ADJUSTMENT, AUSTMENT, THE FOLLOWING
CONDITION SHALL BE SATISFIED UNLESS fOTHERWISE = NOTED,_, THE STAFF
CONTACT- SHALL BE MATHEW SCHEIDEGGEON; THE ,PLANNING DIVISION AT
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
Planning Department. The survey map shall include all access and utility
easements.
THIS,APPROUALISHALL_BE V_ ALID'FOR 18 MONTHS
E ..... , .:
FROM =THE �EFFECTIVEDATE OF T HIS DECISION:
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcels are located on the south side of SW Burgundy Terrace, between SW
Juliet and Brooklet Terrace. The subject parcels are part of the Sunridge Heights #2
Subdivision. Staff found two (2) land -use cases associated with subject parcel #1. The
first application was for a variance to the maximum density (VAR2001- 00003). The
second application was for a variance to the maximum number of dwelling units that can
take access from a private street (VAR2001- 00009). Both applications were approved.
Proposal Description:
The applicant is proposing to adjust one (1) property line, which will reconfigure two (2
separate parcels. Parcel #1 of 18,380 will become 21,464 square feet. Parcel #2 of 18,227
will become 15,143 square feet respectively.
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 of 5,000
square feet. In any event, the lots will be 21,464 and 15,143 square feet after the
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;
Based on the site plan, no existing structures will be in violation of the required setbacks of
the R -7 zoning district. Therefore, this standard has been satisfied.
NOTICE OF TYPE I DECISION PAGE 2 OF 4
MIS2003-00024- BRENTWOOD HOMES LOT LINE ADJUSTMENT
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I , 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.
The reduced lot size of Parcel #1 to 15,143 square feet still provides adequate depth,
width and size to meet the dimensional requirements of the R -7 zoning district. This
request does not pertain to a flag lot or include a partition request.
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.
The proposed lot line adjustment does not involve 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.
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.
Parcel #1 takes access from SW Burgundy Terrace, which is a public street. Parcel #2 takes
access from SW Brooklet Terrace. There will be no change in access to either site.
Therefore, this standard is satisfied.
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 dedication is not required as part of this application.
Therefore, this standard does not apply.
NOTICE OF TYPE I DECISION PAGE 3 OF 4
MIS2003- 00024- BRENTWOOD HOMES LOT LINE ADJUSTMENT
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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.
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.
ON , 2003,
AND THIS BECOME EFFECT FINAL IVE ON ON JULY JULY 15 16, 2003.
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.
July 15, 2003
APPROVE ' BY M . ► ew Sch - • -gger DATE
ssociate ` a ner
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NOTICE OF TYPE I DECISION PAGE 4 OF 4
MIS2003-00024— BRENTWOOD HOMES LOT LINE ADJUSTMENT
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LOTS
LOTS 8 $ q SUNRIDGE 14E161 CURVE DATA 21.464 SO n
LOT 9
CITY OF TIGARD, OREGON CURVE RADIUS LENGTH CHORD BEARING 15,142 SO FT
04 -P 208 00' 40.61' 40 54' N 68050'47' W
C5 -P 208.00' 128.38' 12695' 5 54036'93' I-4
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