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MIS1996-00008 r, • • NOTICE:OF<DECISION ::: :: ;: LOT:LINE.'ADJUSTMENT (MIS). 96-0008 m of noAa� MCCREARY SECTION I: APPLICATION SUMMARY CASES: FILE NAME: MCCREARY Lot Line Adjustment MIS 96-0008 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust two parcels of approximately 12,196 and 18,295 square feet into two parcels of approximately 21,991 and 8,500 square feet. APPLICANT: John McCreary OWNER: Same 9460 SW 74th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low. ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre). LOCATION: 9605 SW 74th Avenue; (WCTM 1S1 25DB, TAX LOT 4000 and 4001). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.162.050, 18.162.060. SECTION II: DECISION: Notice is herebygiven that the City of Tigard Community Development:Director's designee has APPROVED the above request subject to:certain conditions: The findings and conclusions on which the decision is based are note in Section IV. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 1 • • 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 Will D'Andrea, Planning Department(503)639-4171.) 1. A revised site plan shall be submitted that shows the existing house in compliance with setback standards. The setback from the existing house to the property line of parcel 2 shall be a minimum of 15 feet. Revised area calculations shall also be submitted with the revised plan. This plan shall also show the locations of existing utilities and the provision of easements where the utilities cross parcel 2. 2. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved lot line adjustment survey map. 3. Plans approved be Tualatin Valley Fire and Rescue. Access drives in excess of 150 feet shall provide for an emergency vehicle turnaround. 4. A revised site plan shall be submitted that indicates some form of screening along the west property line, adjacent to lot#7. 5. 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. Staff Contact: Brian Rager, Engineering Department (639-4171). THE FOLLOWING::CONDITIONS SHALL BE SATISFIED PRIOR:TO THE.ISSUANCE.OF BUILDING PERMITS:: 6. Obtain a street opening permit from the Engineering Department prior to doing any work in the public right-of-way. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM:THE EFFECTIVE.DATE.OF THIS DECISION: SECTION III: BACKGROUND INFORMATION Site History: In 1994, a Lot Line Adjustment (MIS 94-0017) was granted to adjust two parcels of approximately 12,196 and 18,295 square feet, into two parcels of 8,276 and 22,215 square feet. The 18 month approval period expired prior to the applicant recording the adjustment, therefore, the applicant is making a new application. No other development applications were found to have been filed with the City. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 2 • • Vicinity Information: The surrounding properties to the north, south, and east, are zoned R-4.5 (Residential, 4.5 units per acre). Properties to the west are outside the jurisdiction of the City of Tigard. The area is predominantly developed with single-family residential development. Site Information and Proposal Description: The properties are currently developed with one single-family residence. The applicant proposes to adjust two parcels of approximately 12,196 and 18,295 square feet into two parcels of approximately 21,991 and 8,500 square feet. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Lot Line Adjustment - Approval Standards: Section 18.162.060 contains the following standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines, however, an additional parcel will not be created by the adjustment. Both lots will meet the 7,500 square foot minimum lot size and the 50 foot average minimum lot width requirements of the R-4.5 zone. All site development improvements applicable to parcel 1 will remain consistent with Code requirements. Development improvements on the proposed parcel 2 will be reviewed when it is developed. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 3 • • • 2. Lot Area: The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage; 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 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: 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. 6. Screening on Flag Lots: A screen shall be provided along the property 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 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria 1 is satisfied as the minimum lot widths of parcel 1 and 2 are 100 and 85 feet respectively, thereby, exceeding the 50-foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 21,991 and 8,500 square feet, exceeding the minimum 7,500 minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 15 and 85 feet of frontage on SW 74th Avenue, satisfying the minimum 15-foot, minimum width requirement. The proposed site plan will not satisfy the setback standards on parcel 1. In the case of a flag lot, the owner can determine the front yard so long as no side yard is not less than 10 feet. In this case, the applicant can choose to call the south property line of parcel 1 either the front or rear yard, with a corresponding 20 or 15 foot setback, NOTICE OF DECISION MIS 96-0008-MCCREARY ' PAGE 4 • respectively. Either setback would enable parcel 2 to exceed the minimum lot size of 7,500 square feet. A revised site plan shall be submitted that shows the existing house in compliance with the applicable front (20') or rear yard (15') setback, thereby, satisfying criteria 4. Revised area calculations shall also be submitted with the revised plan. Criteria 4 shall be satisfied on parcel 2 as setbacks will be reviewed when it is built upon. Front yard determination on parcel 1 shall be determined when the applicant submits the revised site plan. Criteria 5 is not applicable to parcel 2 as it is not a flag lot. Criteria 6 will be satisfied as screening will be required along the property line of parcel 1, adjacent to lot 7, in accordance with Community Development Section 18.100.080 and 18.100.090. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Southwest 74th Avenue is designated as a minor collector street on the Comprehensive Plan Transportation Map. The City limits the number of individual driveways that directly access such collectors. The adjusted parcels will share the proposed driveway. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved lot line adjustment survey map, thereby, satisfying criteria 8. Criteria 9 is partially satisfied as the plan provides for a common drive with a minimum 15-foot access width, with a minimum pavement width of 10 feet. In addition, access drives in excess of 150 feet in length shall provide for an emergency vehicle turnaround. This access shall be a level, hammerhead-configured, paved surface, with each leg of the hammerhead having a • minimum depth of 40 feet and a minimum width of 20 feet. The applicant shall provide an approved plan from Tualatin Valley Fire and Rescue. Criteria 10 is not applicable as neither parcel is within the floodplain. SECTION V: OTHER STAFF COMMENTS The City of Tigard Engineering Department and Building Division have reviewed the proposal and have offered no comments or objections. The Engineering Department will complete a detailed review of the submitted Lot Line Adjustment survey map and legal descriptions prior to recording of the Lot Line Adjustment. SECTION VI AGENCY COMMENTS Service providing utilities will have the opportunity to review the proposal and decision within the 10 day appeal period and may request reconsideration of the decision if it may adversely affect the utility's or fire district's abilities to provide service to the subject properties or the neighboring properties. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 5 • • . . • SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: • THE DECISION:SHALL BE FINAL ON JUNE 17. ,:.1996 . UNLESS AN:APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF.AN APPEAL IS 3:30.P.M. ON JUNE 17: . 1996. 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. May 31, 1996 PREPARED BY: William D'Andrea DATE Assistant Planner May 31. 1996 APPROVED BY: Richard Bew-..:'.rff DATE Planning Manager I:ICURP LMPATTYMIS-DEC.DOT • NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 6 1F. s :::�+ 1)- ~ O ` 1�0' � m r o c.. C x O - PARCEL 1 Ul�.. 20,500 s.f. c o 1 c co cn z D w e^ , ° I Existing Lot Line— I m _O Z _ _ o 10' wide, ,o Existing ' ,� common driveway o residence — 1 I 1--___ , Iy I cn • _o� ^t. T IA ' r A / 85' F I m Proposed Lot Line — .Q m y -I PARCEL 2 jD . ,,, 8,500 s.f. CD3 D a a • CD y Ig Q) M Imm = Z 85' I 15' 2 ea O Si S. W. 7 4 th A V E N U E __ CITY OF TIGARD PLANNING DEPT. •4111•0111P11 0.). 111111RLrp_L_I±t in RFT No-J., , ,,, , Nimpulalinp., :11 :0) ______.. A 1r ilimmlimaili 4-, --- - in: ' )z= ,.- -As 1 ' III Nord: .-ia• :- _ 1 .11111 _ •,••• As 1 :,, ST lir All IIIIII 't 1 I _ iim:4111111111.• 11:47 " 0 __ T. 1 1 ___4,,,c NMI P **ID- • 11111111M1 ti • - _ 1 , , , .— i � GNP � ' j LS , _ .. --- I 'fill mow Ill cco .: t LN ,E 1 - (70 LI - ST MK Ill & 11111.11k ril 4. a ri. ____t _ , ,,,,,6 _.,.= ill W , am ST - 1 rti : .0. i f , _ Vicinity Map A MIS 96-0008 .� .,. L N MCCREARY • i THOMAS L. AMBERG, P .E. 6225 S .W . 36th Avenue Portland, Oregon 97221 Phone : ( 503) 246-3269 August 28 , 1996 William D 'Andrea Assistant Planner City of Tigard 13125 S .W . Hall Blvd . Tigard , Oregon 97223 RE : Lot Line Adjustment McCreary , MIS 96-0008 Dear Mr . D 'Andrea , Attached are two copies of the revised Site Plan for above referenced case . I will call you sometime today to discuss a couple of things shown on the drawing. Thank you for your assistance on the matter . Very truly yours , Thomas L . mberg, P .E . r o a• Scale:. 1" = 50' r' r. I-. 0 . parcel 1 Loo 1 , El�wov� Parti 100 I f7Jii 3'- e5an+L s m a r w PARCEL 1 21,830 s.f. r rt NOTES: v ! to 1. Reciprocal easement f, Joint use. & maintenance agreement _ to be recorded with survey map. _- rn 2. Applicant to provide new water '--— T.L. 4001 r. and sewer service to T.L. 4000 u existing Existing Lot Line residence F, o - o existinglservices ( 0 10' wide , o to be us d for Existing , 1..;7 " common driveway c Parcel 2 residence o 4..,m —p I 85' . I rn •Proposed Lot Line 4 •v m > -a PARCEL 2 t 8,670 s.f, :`4 " o c . a Eis�.�^5 N • IV,. pjahIL, Sce - d2�a111¢rl o _4 APP°' rr • � 5 2 •I 85' I• -15' '4?Pr"'. Loc3+74'+n Se °Sa.r.,+av7 54‘•454‘•49-''. ' `1 WIG+e✓ S. W. 7 4 th AVENUE . LOT LINE ADJUSTMENT R1:1(15ED FEZ Tax Lots 4000 and 4001, Map 1S1 25DSjo�l'�lO�S ��)61(11 Property Owners: T.L. 4000 T.L. 4001 John R. $ Doris McCreary John R. & Doris McCreary u), 9640 S.W. 74th Ave. 9460 S.W. 74th Ave. ' Tigard, Oregon 97223 Tigard, Oregon 97223 R vts. S rrE- ?c-4'-' 8-26-94 • • r' ilk r ° o Scale:. 1' = S r' & 0 ?area11 4.04 _J , elw,wcaJ Park.- 100 I f ''''. •71r. -5 m • w PARCEL 1 21,830 s.f. o r- NOTES: o cn co 1. Reciprocal easement & Joint use $ maintenance agreement to be recorded with survey map. _ -_ m 2. Applicant to provide new water L----: T.L. 4001 c- and sewer service to T.L. 4000 v existing Existing Lot Line - residence & I-, - 0 existing services ---__ 0 10' wide , o to be us d for Existing ' v , - common driveway o 1 .Parcel 2 ` residence o o - '' ,` 3 `* to 85' Proposed Lot Line a ra > -i zr PARCEL 2 ry • 8,670 s.f. `4 " 0 0,; a ExtSG„"'S N • N.2....', co ,:aN iG, $tP 1 d2lalI r . . ! as., °i5 PT?pro-A. Loca..i-:o... •f �t , ida+a•• rt Sa�,{av7 Sew¢.v Serv�c° Ex�s+ ;, WIG4-2✓ / S. W. 7 4 th A V E N U E LOT LINE ADJUSTMENT Tax Lots 4000 and 4001, Map IS1 25DB Property Owners: T.L. 4000 T.L. 4001 John R. & Doris McCreary John R. & Doris McCreary 9640 S.W. 74th Ave. 9460 S.W. 74th Ave. Tigard, Oregon 97223 Tigard, Oregon 97223 • • : PROPOSAL DESCRIPTION FILE NO: MIS 96-0008 FILE TITLE: MCREARY APPLICANT: John McCreary OWNER:Same 9460 SW 74th Avenue Tigard,Oregon 97223 REQUEST: A request for a Lot Line Adjustment approval to adjust two parcels of approximately 12,196 and 18,295 square feet into two parcels of approximately 21,991 and 8,500 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.50, 18.162.050, 18.162.060. LOCATION: 9605 SW 74th Avenue (WCTM 1S1 25DB, tax lot 4000) and (WCTM 1S1 25DB, tax lot 4001). South of SW Elmwood Street and north of SW Barbara Lane. ZONE: R-4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. CIT: East CIT REPRESENTATIVE: Joel Stevens PHONE NUMBER: 293-1254 CHECK ALL WHICH APPLY: X STAFF DECISION COMMENTS DUE BACK TO STAFF ON 1994 PLANNING COMMISSION DATE OF HEARING: TIME:7:30 HEARINGS OFFICER DATE OF HEARING: TIME:7:00 CITY COUNCIL DATE OF HEARING: TIME:7:30 ATTACHMENTS _ VICINITY MAP _ LANDSCAPING PLAN _ NARRATIVE _ ARCHITECTURAL PLAN X SITE PLAN OTHER: STAFF CONTACT: William D'Andrea -639-4171 • • .. . A I v,illU City of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. O That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: {cheek box above,If applicable} {check appropriate box below) (Enter Public Hearing Date above) ❑ City of Tigard Planning Director O Tigard Planning Commission ❑ Tigard Hearings Officer O Tigard City Council 137 That I served NOTICE OF (AMENDED 0) DECISION FOR: (Cheek box above,If applicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: {cheek box above,if applicable} (check appropriate box below) O City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer O Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTI E OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", wa „,riled to each name. : • • EXIII 011 A • NOTICE OF DEC` I N<' >LOT LINEADJUSTME 1 .ii ; :.;. .:.:.:.::::...:.::..... ..... .:..:. .:...:.:::.::. C • SECTION I: APPLICATION SUMMARY CASES: FILE NAME: MCCREARY Lot Line Adjustment MIS 96-0008 • PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust two parcels of approximately 12,196 and 18,295 square feet into two parcels of approximately 21,991 and 8,500 square feet. APPLICANT: John McCreary OWNER: Same 9460 SW 74th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low. ZONING • DESIGNATION: R-4.5 (Residential, 4.5 units per acre). • LOCATION: 9605 SW 74th Avenue; (WCTM 1S1 25DB, TAX LOT 4000 and 4001). APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50, 18.162.050, 18.162.060. SECTION II: DECISION: • Notice is:hereby:given that'the City of Tigard Community Development Director's designee has`APPROVED'>the .above.re west`"siabectfo' ` ' certain.cord . .`: >> .::.:::..:. ....... rttons NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 1 • • CONDITIONS OF APPROVAL PRIOR TO THE RECOR ING•OF THE LOT LINE:ADJUSTME•.- THE'FOLLOWING:; 111 :< "' ;;CONDITIONSSHALLBE SATISFIED:::::>. : . ::: • f Unless:otherwise:;noted the.staff::contact :hall:be Will D'Andlrea <; .. ,.. Planning.,Department 503: ::639-41:71: ........... . . 1. A revised site plan shall be submitted that shows the existing house in compliance with setback standards. The setback from the existing house to the property line of parcel 2 shall be a minimum of 15 feet. Revised area calculations shall also be submitted with the revised plan. This plan shall also show the locations of existing utilities and the provision of easements where the utilities cross parcel 2. 2. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved lot line adjustment survey map. 3. Plans approved be Tualatin Valley Fire and Rescue. Access drives in excess of 150 feet shall provide for an emergency vehicle turnaround. 4. A revised site plan shall be submitted that indicates some form of screening along the west property line, adjacent to lot#7. 5. 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. Staff Contact: Brian Rager, Engineering Department (639-4171). THE •FOLLOWING:CONDITIONS::SHALL BE'SATISFIED: :;: :• TO.THE ISSUANCE OF BUILDING:PERMITS::: `> . .:: 6. Obtain a street opening permit from the Engineering Department prior to doing any work in the public right-of-way. H SECTION III: BACKGROUND INFORMATION Site History: In 1994, a Lot Line Adjustment (MIS 94-0017) was granted to adjust two parcels of approximately 12,196 and 18,295 square feet, into two parcels of 8,276 and 22,215 square feet. The 18 month approval period expired prior to the applicant recording the adjustment, therefore, the applicant is making a new application. No other development applications were found to have been filed with the City. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 2 • • Vicinity Information: The surrounding properties to the north, south, and east, are zoned R-4.5 (Residential, 4.5 units per acre). Properties to the west are outside the jurisdiction of the City of Tigard. The area is predominantly developed with single-family residential development. Site Information and Proposal Description: The properties are currently developed with one single-family residence. The applicant proposes to adjust two parcels of approximately 12,196 and 18,295 square feet into two parcels of approximately 21,991 and 8,500 square feet. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Lot Line Adjustment -Approval Standards: Section 18.162.060 contains the following standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines, however, an additional parcel will not be created by the adjustment. Both lots will meet the 7,500 square foot minimum lot size and the 50 foot average minimum lot width requirements of the R-4.5 zone. All site development improvements applicable to parcel 1 will remain consistent with Code requirements. Development improvements on the proposed parcel 2 will be reviewed when it is developed. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to lots created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 3 • 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: 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. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: 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. 6. Screening on Flag Lots: A screen shall be provided along the property 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 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more • than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria 1 is satisfied as the minimum lot widths of parcel 1 and 2 are 100 and 85 feet respectively, thereby, exceeding the 50-foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 21,991 and 8,500 square feet, exceeding the minimum 7,500 minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 15 and 85 feet of frontage on SW 74th Avenue, satisfying the minimum 15-foot, minimum width requirement. The proposed site plan will not satisfy the setback standards on parcel 1. In the case of a flag lot, the owner can determine the front yard so long as no side yard is not less than 10 feet. In this case, the applicant can choose to call the south property line of parcel 1 either the front or rear yard, with a corresponding 20 or 15 foot setback, NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 4 • • respectively. Either setback would enable parcel 2 to exceed the minimum lot size of 7,500 square feet. A revised site plan shall be submitted that shows the existing house in compliance with the applicable front (20') or rear yard (15') setback, thereby, satisfying criteria 4. Revised area calculations shall also be submitted with the revised plan. Criteria 4 shall be satisfied on parcel 2 as setbacks will be reviewed when it is built upon. Front yard determination on parcel 1 shall be determined when the applicant submits the revised site plan. Criteria 5 is not applicable to parcel 2 as it is not a flag lot. Criteria 6 will be satisfied as screening will be required along the property line of parcel 1, adjacent to lot 7, in accordance with Community Development Section 18.100.080 and 18.100.090. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Southwest 74th Avenue is designated as a minor collector street on the Comprehensive Plan Transportation Map. The City limits the number of individual driveways that directly access such collectors. The adjusted parcels will share the proposed driveway. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved lot line adjustment survey map, thereby, satisfying criteria 8. Criteria 9 is partially satisfied as the plan provides for a common drive with a minimum 15-foot access width, with a minimum pavement width of 10 feet. In addition, access drives in excess of 150 feet in length shall provide for an emergency vehicle turnaround. This access shall be a level, hammerhead-configured, paved surface, with each leg of the hammerhead. having a minimum depth of 40 feet and a minimum width of 20 feet. The applicant shall provide an approved plan from Tualatin Valley Fire and Rescue. Criteria 10 is not applicable as neither parcel is within the floodplain. SECTION V: OTHER STAFF COMMENTS The City of Tigard Engineering Department and Building Division have reviewed the proposal and have offered no comments or objections. The Engineering Department will complete a detailed review of the submitted Lot Line Adjustment survey map and legal descriptions prior to recording of the Lot Line Adjustment. SECTION VI AGENCY COMMENTS Service providing utilities will have the opportunity to review the proposal and decision within the 10 day appeal period and may request reconsideration of the decision if it may adversely affect the utility's or fire district's abilities to provide service to the subject properties or the neighboring properties. NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 5 • • SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: ;:: THE DECISION'SHALL<BE :FINAL ON:: :1?>;;:> 1996•• 'UNLESS AN APPEAL IS FILED. <> :> > < `` ` <»::: :.. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. • THE:DEADLINE FOR FILING OF<AN APPEAL.IS.3:30.P.M.:ON <•• >17':>: 1996.: 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. GV� �1�.►ri�i�a May 31. 1996 PREPARED BY: William D'Andrea DATE Assistant Planner n � f May 31. 1996 APPROVED BY: Richard Bew-.--orff DATE Planning Manager I:\CU RPLMPATTYM IS-DEC.DOT NOTICE OF DECISION MIS 96-0008-MCCREARY PAGE 6 -------"----------1111r"----------4Pr"-----------"7"-T ! ■ t 4'., 1 I S. W. ELMWOOD STREET ^ W 4 Lot 10 Lot 9 d Lot 8 Lot 7 ELMWOOD a PARK r1 o zu 100' 100' 100' Z 305' Z • (f _ 100' — N LW a J N N • Lot 11 a. o i 1 _ 1 1 1 Li VID U___LL11 N.Q. imoommili�iLJ � _ .... _ 111 Illa OA c - I All 1 00 ii ? ST I AN -' aim .1* -Ir co _ _ 1 I Mow „.„, 111 III—___ 1 : 1k y T .4.. , . , . ,r,.. . c,i, . , ,_, .. isi ....., ..,, . ......- . - re Nem= — ( ST - mg dm NE 1:2 NIB as A.M.YI lig ligilillAllilliObb1411 I ill jiii7HD W W � t U LOCUST 'IHH li III LI11-1111iii _i Vicinity Map A MIS 96-0008 Nate:��Is not,scale N MCCREARY 1S125DB_11300 CARLSON,CAROLEE �vl l s ��L;�Q ?440 SW ELMWOOD gD 23 � 1S125CD-05200 CREITZ,Sj r ST • PIP 1S12508_ 7500 USANNEM XTIZE7 1�. 11200 SW ELMWOOD c3 7460 SW ELMWOOD J/MARTHq J TIGARD,OR 97223 PORTLAND, ST LAND,OR 97223 1S125DB-11100 1 S 125DB-03900 7480 S W JOHN J&CARIN S LOHR FRANK III PORTLAELMWOOD D, R 97 ST 9635 SVV PORTLAND,OR 1 AVE 97223 wit_OR 97223 1 S 125DB-04001 1S125DB-04000 460 SEARY JOHN R�n�'^ 9460 SW 4TH JOHN R DORIS L RD,pRC 97223 TIGARD,OR 97223 1S125CD_05000 O PHELAN,PATRICK F AND ARRUFAT DEBRA J PORTLAND,0 SW ELMWOOD OR 97223 • • LOT LINE ADJUSTM&RT APPLICATION CITY OF TIGARD, 13125 SW Hall FOR STAFF USE ONLY Tigard, Oregon- 97223 - (503)-639-4171--------- � S O- C7r CASE NO. 1. GENERAL INFORMATION :.: OTHER CASE NO'S: TA . --- - -- RECEIPT NO. -Z 3 PROPERTY ADDRESS 9605 S.W. 74th Avenue DATE: 0'Ti - • MAX MAP AND LOT NO. 1S1 25DB, T.L. 4000 - _ :.. .... . _.: .�.., John R: ? ..Doris .' _ . L McCreary Application elements submitted: PROPER__ CWNE.QS ADDRESS 9460 S.W. 74th AvenuePHOto 246-6259 - (a) Application fora (1) _ (B) Owner's signatures / CIT. Tigard, Oregon z I 97223 - written authorization PARCEL 2 (C) Title transfer .instrmt A PROPERTY ADDRESS No Site--Address - - (1).' . ..--TAX 1S1 1S1 -25DB,--T.L. 4001 TAX AND LOT NO. . . John R. Doris$ L. McCreary (E) Prel inar- Sao PROP T° OWNERS ( j copies) ADDRESS • 9460 S.W. 74th Avenue PHONE 246-6259 _ • • CI:..; Tigard, Oregon Zh 97223 .- - (G) Filing fee ($',5b) APPLICANT'*/AGENIT • .- _ • DATE DETERMINED TO BE COMPLETE: ADDRESS PHONE CITY ZI? FINAL DECISION DEADLINE: =When the owner and the applicant are different COMP. PLAN/ZONE DESIGNATION: the applicant must be the purchaser of record or a lease in possession with written authorization from the owner or an agent of the owner with w-' -ter. N.P.O. NURSER: authorization. The cwrer(s) must sign this a;p' -,-4en in the space provided on _age two or Planning Director Approval Data sunmit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject rro_e—v Final Approval Date: rec.:est ter mission to adjust 2r (num er) Planning: a=cels of 0.28 acres and 0.42 acres . Engineering: (acreage cr square footage) into 2 parcels of 0.19.- and 0.51 . Date Recorded and Number: (::inner) (acreage cr square footage) • • • • • 3. List any variance, conditional uses, or other land use actions to be considered as part part-of-this-application: - none`' - '" 4. Applicants: " To' have. a 'complete application you will need to submit attachments described described in the attached information sheet at the time you submit .this --- - application:' ..__ - application:' 5. T33 APPLICANT(5) SHALL C3RTIPY THAT: A. The above- request does not violate any deed restrictions that may be attached to or imposed upon the sub-fect property. ' B. If the application is granted, the applicant will- exercise the rights granted in accordance with the terms and subject to all the conditions • and limitations of the approval. C. All ' of the -above statements and the statements -in the plot plan, attachments, and exhibits transmitted— herewith,---are• true; and the - applicants so - acknowledge that - any permit issued, - based . on _ this application, may be revoked -if it is found that any such statements are false. - • D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this day of 19__ SIGNATURES of each owner (eg. husband and wife) of the subject property. • r _ _ CiFY or TI Fl!) - OF PAYMEN1 RF:CLIPI NO. r96-ii4 CHF-.CK MUUNT 1 3 DOHME, KENNEYH W COSH AMOUN4 2 ( 1 ;1JDREi-iS DAHMF, Lfh;O PAYMEN1 VNIE 101. b SW 7i:::ND AVE SOBOIVIsION IJUHRO ON 97i3- PORAJohiL. OF PAYrWNT ANOON1 Pi-00 PURPOsi- Oh- PAYMENI ANooNt Polo LAND USE APPL • NIS96-0008 LOT LINE ADJUSIMLNT Fr-L. AMON Pf-11 D - -— 5 IP VI 1 m+' d.auk: _ r Scale' 1" SO' r' ° r 0 100'. m o r CD M o PARCEL 1 o tri 20,500 s.f. o c o cn to tr1 Existing Lot Line - - o --__ °0 10' wide , o Existing j--- common driveway o residence - o rt i____\ cn oo 4-i -1 Proposed Lot Line 85' r' -v m > --3 �� ;�� PARCEL 2 q5x ,_. 8,500 s.f. x o N f"• 0 0 0 - 0 0 r., I c+ i --4 85' I 15 J S. W. 7 4 th A V E N U E LOT LINE ADJUSTMENT Tax Lots 4000 and 4001, Map 1S1 2508 Property Owners: T.L. 4000 T.L. 4001 John R. & Doris McCreary John R. $ Doris McCreary 9640 S.W. 74th Ave. 9460 S.W. 74th Ave. Tigard, Oregon 97223 Tigard, Oregon 97223 a III r• Scale:. 1" = S0' r* r r F.. 0 100'. 1 m o t.. 0 3 o PARCEL 1 o - 20,500 s.f. o c r► 0 .n tc 0 3 cri Existing Lot Line /71 - o 0 __ ( 0 10' wide , o Existing 7 } common driveway o residence ' o o ; j `f m xl m Proposed Lot Line 85 b m a ,-3 PARCEL 2 M ,_. 8,500 s.f. O r+ . N 0 0 0 _ 0 0 Itri J 1 85' i51' (_ .'1 .t.cF,:;fi.r `1_.. .. , S. W. 7 4+th A V E N U E LOT LINE ADJUSTMENT Tax Lots 4000 and 4001, Map 1S1 25DB Property Owners: T.L. 4000 T.L. 4001 John R. $ Doris McCreary John R. & Doris McCreary 9640 S.W; 74th Ave. 9460 S.W. 74th Ave. Tigard, Oregon 97223 : Tigard, Oregon 97223 County of Washington t SS )?1 • I, Jerry ,. -'ansctoh• v •j of Assess- ment an• ,axafion_rr••__,,' o County Q Clerk for =: 9 •s; :r.}a• = t rtify that When recorded return to: mffiV ' (11.. ; . eceived Space reserve thew � �< < . John R. McCreary ' and re••rcTed' t, o- orb f said 9460 S.W. 74th ) county - * It* ,�j: * r . Tigard, Oregon 97223 ) v ;,�; � • i ) Until further notice, send ? a ' - �� �an¢o ,. erector of all tax statements to: ) • =ssm �• fixation,Ex- John R. McCreary ) • ' :• • A� Jerk 9460 S.W. 74th ) Doc : 95064742 Tigard, Oregon 97223 ) Rect: 150591 43. 0 09/13/1995 10: 53: 04AM BARGAIN AND SALE DEED FRANCES M. McCREARY, Grantor, hereby conveys to JOHN R. McCREARY and DORIS L. McCREARY, husband and wife, Grantees, the real property described on the attached Exhibit "A" . Together with any and all improvements, fixtures, appur- tenances and easements connected or related to the property, free - - of encumbrances except those encumbrances of record. The true consideration for this conveyance is the sum of ZERO AND NO/100ths Dollars ($0. 00) and other good and valuable consideration. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. } THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. WITNESS the hand of said Grantor this / 1 day of September, 1995. GRANTOR: - Frances M. McCreary [Notary follows on next page) 1 - BARGAIN AND SALE DEED 3 nr a z STATE OF OREGON ) ) ss. County—of Washington) On September / 1 , 1995, personally appeared Frances M. McCreary, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same, and that by her signature on the instrument the person executed the instrument as her voluntary act and deed. •� . OFFICIAL SEAL o ry lic for ff ego txtmerrE FERCUSSON My Commission Expires: / •a9. L} �f V NOTARY PImUC-OREGON COMMISSION NO.030552 MY COMMISSION EXPIRES DEC 29. 1997 } 2 - BARGAIN AND SALE DEED Cog • EXHIBIT A • • The South 70 feet of the East 175 feet of the North one quarter of Lot 27 Tract 1, Boulevard Heights, Washington County, Oregon. • • • • • F'S , 3 - BARGAIN AND SALE DEED • • • • ` W 12200 ;-54-9721 123 -112 :Ds ae. N w 25 ", 28 m so : 80' °oo „ eo 3503 109.93 w ./9 AC. 1 19 AC. 0 Is 1` n m- .2sAt. 12100 12000 1 o n\ . . so 92.99 020: 3 Wmo ./BAc. 2 0 .20Ae. m ,. ( ,•.,,..,,,,,,2 �a- 36� • ..'41"£ AMY 0 C.R. 2224 O W gR 1990-0003 g 1 0 .9 9.14638 o S " • Z b, m r 100 W N89° I!"w 109.92 " 80.2@ 'w11111`11 1111 5 111 1111 .' � ' W. iµ6' J3 0 69.60 �'� N 96°0O ,1 305.0 '�•:�;ii.,�i.; .Z� .ii: s2,43 2723 L iL 2a 5700 5800 5900 „ 4200 18 „ 3600 IT W t 5500 20 n74 4 c. n 47 AC. n„ *Ole.:WN "p n• W „ b 0 0 8 „p r" 29 "„ 30 0 t 31 t' 32 „ p n1m ■1° 2 23-8 I . �R. • 89° 1••w $ 'x50' z 2 �� Io6.�s so e7,7s 80 eo. . . . "" 121110/5 .1 f o O • ``°°66z2�� � W e, 97.75 80 80 8133 84.88 11000 10900 4100 • 10800 o U 8600 8700 8800 .294c. I 3700 r 1 m � A .40Ac. p • r 11 .1�/� �/�/ DOD ' 129.19 70 � „, m 6 7 �+ 8 P 24 50 23 10700 r rI 3541 :e • „ e J J J �1 80.16 C.R. 2478 135 30 5 3703 76.55 „w 2 v �� 1.81 53 ELMWOOD STREET;. 0 3702 e77, S' • era � 2 ./6 AC. IS -113.52_ S.W. • LO L A R 65 ° 100 ° 84.91 ms`s, 33AC. 0 0 10600 �. 14.419W 11100 s 11200 m 11300 Q' 100 0 2 ' 9401 • • 7a 99 9 r / r ! 8 7 55' le 3 10000 f '01/� l r P J"� 1 f N 99°21' S4"w' n le < „ .r-\ L. _, /ua�iiai///li,/ i/74.1.01aw/.// i/A/!//iii/i/.�f2I 54 U/.*4 176.3 1 13.63 = a 9900 9800 00 w 100 me 70 ° 102 2 20 min m 4001 175 3802 01 n.e5 10500 o IILSe O' " N 0 n 19 18 42Ac R ./9 Ac. ^I . 3804 p 4 10100 4000 0 MAP 8 2 28 Ac ° 100 18 35 Ac. 102 0 0 n_ 2 5C D s • 0 21 s e9° ' solo n 2 3803 °10 4 1 9 A. Q 5°. I • 50 oaa2 o 2 ./6 Ac • • 3 9 0 0 a Ile 18 28 P Z 10300 R' U) 10200 N °o .70 A c. m 2T $ 3805 2 5 R.25 22 ./6Ac. e r -�'Q, 118 lee to ••j 715.98 * 57.Q4 P S8962i'E • 305.0 50 Si i S.W: . 13ARBARA LANE R N 99°16'46"W . -- i : 7 'h^y` ;.;-. . -,'7%;:',': _ • 1 • _► ., SH Ca cl- CD ELMWOOD ST ye ' 3 ,:wki ilk1St25DB-31100 S125DB-`1120Q$12508.1130m 0) r t � cz S125®B 04001 ■- 1S1250B•04000 . OEMI S � <' s _ ,�3 3 3 j ict 1 �� ��1 iri�3Y' 3 r -3 �o ' r 3 _ 1S 25DB-03900 P O I I Vicinityp MIS 96-0008 A Notification Map , \ Nb,tApU--- N