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MIS1996-00015 • a • . • "•• NOTICE OF DECISION I ION . .. ..... : .. . LOT LINE ADJUSTMENT (MIS) 96-0015 CITY OF TIGARD SKYLIGHT.HOME;BUILDERS SECTION I: APPLICATION SUMMARY CASES: FILE NAME: SKYLIGHT HOME BUILDERS Lot Line Adjustment MIS 96-0015 PROPOSAL: The applicant has requested to adjust an existing property line among three (3) properties developed with detached, single-family residences on Lots 84, 87 and 88 of the Hillshire Estates II Subdivision. APPLICANT: Skylight Home Builders OWNERS: Mr. and Mrs. Kemp P.O. Box 2315 13549 SW Mint Place Lake Oswego, OR 97035 Tigard, OR 97223 OWNERS: Mr. and Mrs. Olsen OWNERS: Mr. and Mrs. Johnson 13567 SW Mint Place 13524 SW Essex Drive Tigard, OR 97223 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (7-12 dwelling units per acre). ZONING DESIGNATION: R-7 (PD). The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 13549 and 13567 SW Mint Place; WCTM 2S1 04CD, Tax Lots 8800 and 8900, 13524 SW Essex Drive; WCTM 2S1 04CD, Tax Lot 8501 and unaddressed Tax Lot WCTM 2S1 04CD, Tax Lot 8500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.52 and 18.162. SECTION II: DECISION: . Notice is hereby given that the City of Tigard:Community Development Director's designee.. has APPROVED the above request subject.to,conditions of approval: he findings and conclusions on which thedecision is based are:noted in::Section IV:. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 1 so • • CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: . (Unless otherwise noted,'the staff contact shall be John Hadley, Engineering Department(503)639-4171:) 1. 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 indicate the location of all easements and their purpose. 2. The applicant shall provide a site plan that indicates the distance of the existing structures to the proposed new property lines. STAFF CONTACT: Mark Roberts, Planning Division. 3. The applicant shall consolidate Tax Lot 8500 with Tax Lot 8501 and provide a copy of the recorded consolidation action. STAFF CONTACT: Mark Roberts, Planning Division. THIS APPROVAL SHALL BE VALID<FOR 18`MONTHS • • FROM THE EFFECTIVE DATE OF:THISDECISION:: SECTION HI: BACKGROUND INFORMATION Site History: The subject properties affected by this adjustment are three recorded lots within the Hillshire Estates II Subdivision and a fourth tax lot between Lots 84 and Lot 87. Vicinity Information: The properties are adjoined by other developed lots within the same subdivision. Site Information and Proposal Description: The affected properties are developed with detached single-family residences. The applicant has proposed to reconfigure the location of three shared property lines. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 2 • • 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 but no additional parcel will be created by the adjustment. Because the subdivision was developed as a Planned Development, no minimum lot size applies to these properties. The 50-foot average width standard also does not apply. All existing site improvements have been required to be reviewed through the submittal of a site plan indicating the setbacks of the existing structures in relationship to the proposed new property lines. The existing non-conforming tax lot has been required to be consolidated with the subject properties as a part of this action. 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. 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. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 3 • 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 that 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 not applicable because no average lot width is required to be maintained within a Planned Development project. Criteria 2 is not applicable because no average lot width is required to be maintained within a Planned Development subdivision. Criteria 3 is satisfied as the lots would have a minimum of 25 feet of frontage on a public street. Criteria 4 will be addressed because the existing residence complies with the setback standards of the R-7 Zoning District. The existing development will be reviewed for continuing compliance with the setback requirements of the R-7 Zoning District as required by the Conditions of Approval. Criteria 5 and 6 are not applicable as these lots are not flag lots. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is not applicable as these lots do not share a common driveway. Criteria 9 will be satisfied through the future development of these lots. Criteria 10 is not applicable as neither parcel is within the floodplain. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 4 • • SECTION V: OTHER STAFF COMMENTS The Engineering Department will complete a detailed review of the survey map and legal descriptions prior to the applicant recording 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. 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 B E FIN AL ONAUGUST:5 <1 996 :::: :::>:>:::>;::>>: ::<: ::::: ; UNLESS'AN.APPEAL la 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 AUGUST 5, 1996. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City all, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. July 23. 1996 PREPARED BY: Mark Roberts, AICP DATE Associate Planner t? July 23. 1996 APPROVED BY: Richard Bewersdo DATE Planning Manager NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 5 • i, il I; i; 188 sq.ft. 4 1 - 116.03' 90.82' • N 105.03' 11.00' 8.835 SQ.ft. Co 4 � • . �°'1 8 8 t� > �� 'ti 8,158 sq.ft. Q 41.10' �� 0 8 .5, �� �� • _ • �°; coy` `�`'" Z `� Z 9425, (0 15 ! ' , 87 Op.l/ Q. 85 '` 8,831 sq.ft. Q Ce a CD P- V� u. 86 (a. O >- !, . I — i! 0 S. W. MINT PLACE 1 SITE PLAN CASE NO. • I EXHIBIT MAP Lot LneAdustme'nders I t MIS 96-0015 --i- • • ' i . - _ v 1 I . n i I i i 1 l' lb 1111 L i• ri l' •:!, 4L 4% 4 imililliium i-'-' 1 4 04 4 . amonnwp , , c , . _op. 4 .: , 92 i ■44.• ■ a.p �i�unMl i 1 / a At*: 0"," 160„44.4igigal ca.” ' . ft -■11fini NO ei 0 . ft /aim NM im ft - 44. 4 11.11, ft Altv ..1 1, ,,,,„ 7. „,,,,wr ...„.. a' A k■ liril I Naar Al,; .: ; !iiiidet4vir 4MIIINIPWW" lip *444-0 1 A , ,A7' . * . , o• 4 Abiii■ _6* • •_■ssr, ._ Wail Ilia ‘ ■' ete4.:Ali I HI----- . %Willi • - ■ - -4111111 1 6- i >i; kik 1 11111R Int Its . . tr.. vi, - ,o,=.• , If �� 111 1 I"��� � rn,_ ' Vicinity Map �vIIS 96-0075 ' i w�e' M1kP �s rms�le A Skylight Home Builders '. • • of T Aii, *///////////////////# 4111 AVM . YLN ....., Sttiar W JE __ C ca c).. - Atiii ,. ., T r .,.::. .,... . . ----\ a) - a2S104c.11000 : .....„ ,. _ ,. , .,. i!: Em .. .. . r ,,,,... .:. ..,. ::'_ - `/'� - i ' 104 CI I: at 2S104CD-08900 ; C 2S104CD-09000 C .2104. CES 104.CD-08600 2S104CD9.8800 ' 46) '£ , :.251004}08700; (•••■ aim 0 9 intc L*/C)1 0) � Ni()1 . 4 co) � � • . vicinity Map A. MIS 96-0015 L ea�a� N Notification Map (I) 4 III . LOT LINK ADJUSTMENT APPLICATION CITY OF TIGARD, 13125 SW Hall POR STAFF USE ONLY Tigard, Oregon- 97223 - (503)-639-4171--------- CASE NO. /vi.-Ts 96- O-°/5- '1. GENERAL INFORMATION OTHER CASE NO'S: rf-t Z S 9 eo-,70/6, -- -- - -- - - -- RECEIPT NO. 96,-cam I l "e. = - - -- --- -- -- - --- APPLICATION ACCEPTED .FIX: Zd I PROPERTY ADDRESS 1 cAN sw ssf C /)/%717449,? & DATE: o6 '-G - "ZS 1 o 9 two Li-- $ 1 c` 1a�11,Jh��rv...P.ra /y: --..:..- . . .. . . . . . . . TAX :SAP AND LOT NO. �O� 84 Ao 2r . . . - Application elements submitted: " PROPERTY OWNERS• NAVAL t. '(P ft:.JA- �- 0?Li c)..->/ -- ✓ IS sig_ (N 6�4 (A) Application fora (1) ADDRESS 13�2.M S-t�.�'isitc PHONE 1 (s CITY 1 aft 4., - :=Z�� " (3) Owner's signatures / 1_ - written authorization PARC°L 2 .g (C) Title transfer .instrmt PROPERTY ADDRESS 13 5-4,7.S+-11137 -1- �''�' ' 72...Si4L1 GD duo (s . /1 1�jyuJ )� pjXf , (D) Assessor's map (1) TAX ?SAP AND LOT NO. 7.,01-1? N'o"L. ✓� _ . _ . . ._. _ PROPERTY OWNERS b(Jd2ocov 1-2h4.),m, cue)/ (E) Preliminary cos) :sap nn ( 6 copies) ADDRESS 1)J z.J V� .- • PHONE CT."'" - . TI' a0A- .1:74 - . .. _ . . . Y�- Ski ()(44 . (0) Filing fee ($'SO) APPLICANT,‘/AGENT g R-YRN .fir YLP N.1 rn�gv,tom.r ADDRESS ()V Z'S r PHONE 63 b a 91Y DATE D47!d pqi.r)p BE COMPLETE: 11 CITY' LO - cljim56dJ OA_ z:.? 7 i 0 3 FINAL DECISION DEADLINE:, l/r7/64‘ *When the owner and the applicant are different _ COMP. PLAN/ZONE DESIGNATION: the applicant must be the purchaser of record , ''nn � -7 or a lease in possession with written authorization eak14,t�, la S t /C-- / frcn the owner or an agent of the owner with w--� -an ._ . . _ . 4.!..,5-1-(7--11-77-- authorization. The Owners) must sign this a;p ioa=icn in the space :rovided on :age two or Planning Director Approval Data submit a written aut orizarion with this arp_licatio,n. / . _ . 2. PROPOSAL SUMMARY 11 The owners of record of the subject ^roper' Final Approval Date: '.: ecest _ermissicn adjust I- - - - L:.:::e- Planning: _aroe_s of and cf..�8'S f6 Engineering: (acreage or square footage) into ( parcels of and 9'07-3 . Date Recorded and Number: (n...r.er) (acreage or square footage) k:a/:. .NEAP .;.WP? • 3. List any variance, conditional uses, or other land use _actions to be considered as part part-of-this-application: _ 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 2 ---- application.-- -' ._ r 5. TEE APPLICANTS) SHALL CERTIFY THAT: • A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. 3. 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• truer and—the u ' 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. • , �,C� (g) Allh WI 4;771c6LAjA'‘' 61 ( 4,1() LOT LIME ADJUSTMENT APPLICATION CITY-OF TIGARD, I32.25 'SW-Hall - R STAFF US- O • Tigard, Oregon- 97223 - (S03)-639-4171--------- CASE NO. /✓t.1 - lic--- 1. GENERAL INFORMATION _ , OTHER CASE NO' . .015 9 0�IS RECEIPT N O. 9 --z8 f /- - PARCEL IC-•-- --•. ----- -• -- ------ -:- -• - .••-- -. .... . ..APPLICATION ACCEPTED -BY: �� PROPERTY ADDRESS 13s�'1 St,,/ (4 5( Attu, DATE: 06� (�o • - - -2 1(3 14 CIO +ikk, let co _ _■MAX MAP AND LOT NO. LO? gCj N11t.S'H11�0,6-0• Application elements submitted: PROPERTY OWNERS •kAl0-cif itleicet-} "'t) Hs<7.)../ •' .._ •ADDRESS A���� (A) Application for (1) PHONE S7fi-4Yb8 / . - -- .. . - - - •h,{° (B) Owner's signatures / CITY " �6r)RO I b\ -ZI? °��`"'AA - written authorization yy "1 I 0 PARCEL 2 ,g ! tn�I�v (C) Title transfer .instt t PROPQR'�Y ADDRESS (3 sti Q--S'r-%1 i))14.1) . I ," (1) . __ . . _ . 'ZS W. 61 Z Q t 16i-.. %'TC � (/ (D) Assessor's map (1) TAX MAP AND LOT NO. - 88 ) i-u' .eJTO--• PROPERTY OWNERS G�'�(.. # kPIJ J/ / fl '�(y) Prelimiies) Map /� ( 6 copies)• ADDRESS . (4Q�t.0 PHONE v-9g S/ CITY 4-1 ,faro ZIP _ _ _ '" (G) riling fee (S SO) AP Pr.1cazmr/AGENT Pnea h' Jai YJ)- /On-Li On- Oclerm Qw caw DATE D Tv INED TO BE COMPLETE: ADDRESS p0 Z�/5- PHONE 4g6-.Z99Y /old CITY tgna..- 7((rte 8 O Z_? 97135- FINAL DECISION DEADLINE: 17/�7/;'U 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 144,426AU4 aekA --7 from the owner cr .an agent cf_ the owner with w-;--en _ : 7 ikJ.vc.i.-_ - - authorization. The owner(s) must sign this atoll cation in the space provided on cage two Or Planning Director a_:rcva_ Date submit a wr',.-°._^. authorization with this application. 7/-2-‘/76 Se..e 144T-5. (74 -osot.6 2. PROPOSAL SUMMARY The owners of record of the subject oroce—v Final Apo—v Date: request _ermissicr. to adjust (number) Planning: :ar:e_s of and I'VZ3 Engineering: (acreage or square footage) into 1 parcels of and 2335 . Date Recorded and Number: (number) (acreage or square footage) ;mot/:.TL ADJ.PF 411 111 3. List any variance, conditional uses, or other land use actions to be considered as part part-of-this-application: _- -- - S. Applicants: - To' have a 'com_plete application you will need to submit attachments described_described_in_the attached infor atiqn sheet at the time you submit .this -- application:* f . 5. T33 APPLICANT(S) SHALL C3RTI?Y TEAT: A. The 'above' 'recuest does not violate any deed restrictions that may be attached to or imposed upon the subtect 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 V 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. • • \�, - ? 't 41,:!.■ I ,1 JE e • ! 'it JI ! i Ctt,•;V:.01...t •!, ; 01111.1h1.1 114 t !;:a ; rit-1.1 -;I'! _ . . . . '.4421, ; 1,1!-;;,• MT • 1; 1-;;',/).1.01•1 Ai • • - „ It'.11•4 - — • • • 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. ❑ That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (Check box above,Y applicable) (check appropriate box beiow) (Enter Public Hearing Date above) O City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ei/ That I served NOTICE OF (AMENDED ❑) DECISION FOR: (Check bexabo•e.,appleabl•) City of Tigard Planning Director (❑ That I served NOTICE OF (AMENDED 0) FINAL ORDER FOR: I (Mack box above,r appetable) (check appropriate box below) O City of Tigard Planning Director O Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council I❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF-DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of,Chic' is attached, marked Exhibit "A", was mailed to each n-m-• •erson(s) at the address(s) shown on the attache, list(s), marked Exhibi "B", o .t e c 2 W da • ��__', 199 , and deposited In the A nited Sta - -• •n i;' , da/of A %r postage prepaid. t. • -pared Notice d- Subscribed and sworn/affirmed before me on the / day of A. / / OFFICIAL SEAL rf,. DIANE M JELDERKS / NOTARY PUBLIC•OREC ` // �t�-. . -��`� ®•'� coXPIRE oN N BER NOTARY PUBLIC • OREGON MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission ` .Ires: 7FILE INFO.• NAME(S): /j7 'Z/--����( /J CASE NO.(S): 4/0 ` ,(N/� TYPE OF NOTICE&DATE: • • EXHIBIT A :: ::.:: . :.. NOTICE:OF DECISION:> LOT LINE ADJUSTMENT . M[S .9fi-0015 A�� ; • ;>::;::. >.>: CITY OF TIGARD SKYLIGHT HOME : , ;. SECTION I: APPLICATION SUMMARY CASES: FILE NAME: SKYLIGHT HOME BUILDERS Lot Line Adjustment MIS 96-0015 PROPOSAL: The applicant has requested to adjust an existing property line among three (3) properties developed with detached, single-family residences on Lots 84, 87 and 88 of the Hillshire Estates II Subdivision. APPLICANT: Skylight Home Builders OWNERS: Mr. and Mrs. Kemp P.O. Box 2315 13549 SW Mint Place Lake Oswego, OR 97035 Tigard, OR 97223 OWNERS:. Mr. and Mrs. Olsen OWNERS: Mr. and Mrs. Johnson 13567 SW Mint Place 13524 SW Essex Drive Tigard, OR 97223 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (7-12 dwelling units per acre). ZONING DESIGNATION: R-7 (PD). The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 13549 and 13567 SW Mint Place; WCTM 2S1 04CD, Tax Lots 8800 and 8900, 13524 SW Essex Drive; WCTM 2S1 04CD, Tax Lot 8501 and unaddressed Tax Lot WCTM 2S1 04CD, Tax Lot 8500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.52 and 18.162. SECTION II: DECISION: Notice is'hereb` iven'that the Ci ;:;of Ti and Communi :>Develo ment Director's.desi nee:::::.:::: The<findin s and';conclusions on which the;decisionis based'are no e:: in : ection ;` NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 1 • • • CONDITIONS OF APPROVAL PRIOR:TO THE:ISSUANCE OF BUILDING PERMITS, THE:FOLLOWING CONDITIONS SHALLBE<SATISFI (Unless.ottierwise noted :the:staff contact Engineering;;De partment. 503 639:-4171 1. 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 indicate the location of all easements and their purpose. 2. The applicant shall provide a site plan that indicates the distance of the existing structures to the proposed new property lines. STAFF CONTACT: Mark Roberts, Planning Division. 3. The applicant shall consolidate Tax Lot 8500 with Tax Lot 8501 and provide a copy of the recorded consolidation action. STAFF CONTACT: Mark Roberts, Planning Division. THIS APPROVAL SHALL BE VALID.FOR.I&MONTHS FROM THE EFFECTIVE DATE,OF THIS_DECISION. SECTION III: BACKGROUND INFORMATION Site History: The subject properties affected by this adjustment are three recorded lots within the _ Hillshire Estates II Subdivision and a fourth tax lot between Lots 84 and Lot 87. Vicinity Information: The properties are adjoined by other developed lots within the same subdivision. Site Information and Proposal Description: The affected properties are developed with detached single-family residences. The applicant has proposed to reconfigure the location of three shared property lines. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 2 • • 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 but no additional parcel will be created by the adjustment. Because the subdivision was developed as a Planned Development, no minimum lot size applies to these properties. The 50-foot average width standard also does not apply. All existing site improvements have been required to be reviewed through the submittal of a site plan indicating the setbacks of the existing structures in relationship to the proposed new property lines. The existing non-conforming tax lot has been required to be consolidated with the subject properties as a part of this action. 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. 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. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 3 • 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 that 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 not applicable because no average lot width is required to be maintained within a Planned Development project. Criteria 2 is not applicable because no average lot width is • required to be maintained within a Planned Development subdivision. Criteria 3 is satisfied as the lots would have a minimum of 25 feet of frontage on a public street. Criteria 4 will be addressed because the existing residence complies with the setback standards of the R-7 Zoning District. The existing development will be reviewed for continuing compliance with the setback requirements of the R-7 Zoning District as required by the Conditions of Approval. Criteria 5 and 6 are not applicable as these lots are not flag lots. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is not applicable as these lots do not share a common driveway. Criteria 9 will be satisfied through the future development of these lots. Criteria 10 is not applicable as neither parcel is within the floodplain. NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 4 • • • SECTION V: OTHER STAFF COMMENTS The Engineering Department will complete a detailed review of the survey map and legal descriptions prior to the applicant recording 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. 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 AUGUST:;5; 1996' :;: :':UNLESS AN:APPEALiS 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`1S 3:30 P M :ON AUGUST 5 ::1:99.6: Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City all, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. July 23. 1996 PREPARED BY: Mark Roberts, AICP DATE Associate Planner Algr r 11%* July 23. 1996 APPROVED BY: Richard Bewersdo ` / DATE Planning Manager NOTICE OF DECISION MIS 96-0015/SKYLIGHT HOME BUILDERS PAGE 5 • • 188 sq.ft. � i' '4 /- — 116.03' r'•1% 90.82' i 105.03' M 11.00' co il '�� 84 �' 0 8,835 sq.ft. Cn . ' ' 41.10' ���:N 8,158 sq.ft. CI i, 812 '�.`' try Z 9425, �„�,�, ; Z 'u l/ 87 - 3 O.0�. '`� 8,831 sq.ft. Q 0 MOM 7O ,tiA- a LL 86 tea. O I, 1I— 11 U S. W. MINT PLACE SITE PLAN CASE NO. - 1 Skylight Home Builders 1 EXHIBIT X H I B I T MAP I Lot Line Adjustment MIS 96-0015 11111 'ilia ' 44 i Iuiiin - v 11 11 Illis g . . • v 1 \e_m__ 1 . - v I 1 I wpm al 1411111111111111111 I 4 siliiiimm ,': ' ' - 17;04 ■ Maimuurp : p 1 siii mob 1 . M 1 . 0or a prow■ 4 -E ■ 4 isalie am I (13 - aft lasiml 'I "' 0. • 8ft '''*aimi .1" il t; ; ; iAil tra 1 ty eltelsAgitilirvA *i, 1 it,; ...404:: :::;IF 41 I I iiiiii■Ii -acA ■ : . * . ,- (' . 40 • a. 4•4‘ ". - 444_ V :* 4,4 . s\''s All 113? 1.4111 In A• '. . , 1 i HIG1 71 i f I - - . 7 ' ■,,,,• 1 1 rir. ,_ vicwrymap c4Es96-0015 Note: Map is not to scale Q Skylight Home Builders MIS 96-0015 SKYLIGHT HOME BUILDERS EXII I ET 2S104CA-10700 2S104CA-11000 ALAVIZADEH, NASSER & GALIDA, FRANKLIN R & MARILYN F YAVARI-SHABOSTARI, SIMA 13450 SW ESSEX DR 13740 SW JENNA CT TIGARD OR 97223 TIGARD OR 97223 2s104CD-08500 2S104CD-08900 SMITH, BRYAN F PO BOX 2315 SIERRA PACIFIC DEVELOPMENT, INC. LAKE OSWEGO OR 97035 PO BOX 1754 LAKE OSWEGO, OR 97035 2S104CD-08600 2S104CD-08700 WANECKE, DAVID M & KIMBERLY A MILLER, F JEFFREY & JANINE 13895 SW BOXELDER DR 13853 SW BOXELDER DR TIGARD OR 97223 TIGARD OR 97223 2S104CD-08800 2S104CD-08501 OLSEN, GORDON A & RHONDA JOHNSON WALTER A 13567 SW MINT PL 13520 SW ESSEX DR TIGARD OR 972232 TIGARD OR 97223 MR. & MRS. KEMP 13549 SW MINT PLACE TIGARD OR 97223 • • WESTLAKE CONSULTANTS INC. EiNGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Skylight 503 624-0157 kylight Builders Tigard Oregon Project No.: 1018-01-96 February 8, 1996 PROPERTY DESCRIPTION That certain tract of land in the southwest quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, State of Oregon, being a portion of Lot 84 of Hillshire Estates No. 2 Recorded in Plat Book 91, Pages 19 thru 23, Plat Records of said Washington County, Oregon, being more particularly described as follows: Beginning at the northwesterly corner of said Lot 84, being on the easterly right-of-way of Essex Drive; thence, along the right-of-way of Essex Drive, South 22°49'09" West, 30.25 feet to the beginning of a 255.00 foot radius curve to the right; thence, along the arc of said 255.00 foot radius curve with a central angle of 9°14'44", a long chord of South 27°26'32" West, 41.10 feet, an arc length of 41.15 feet to the southwesterly corner of said Lot 84; thence, leaving said right-of-way along the southwesterly line of said Lot 84 South 62°25'31" East, 81.25 feet; thence, leaving said southwesterly line North 38°29'36" East 88.06 feet; thence, North 14°30'24" East 35.39 feet to the northerly line of said Lot 84; thence, along said northerly line South 89°20'15" West 105.03 feet to the Point of Beginning. Containing 8,835 square feet. /01X01.4✓ Jil Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224 • • WESTLAKE CONSULTANTS INC. ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 Skylight Builders Tigard Oregon Project No.: 1018-01-96 February 16, 1996 PROPERTY DESCRIPTION That certain tract of land in the southwest quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, State of Oregon, being all of Lot 87 and a portion of Lots 88, and 84 of Hillshire Estates No. 2, Recorded in Plat Book 91, Pages 19 thru 23, Plat Records of said Washington County, Oregon being more particularly described as follows: Beginning at the most southerly corner of said Lot 87, said point being on S.W. Mint Place; Thence along the southwesterly line of said Lot 87, North 49°24'55" West, 107.34 feet to a point on the southeasterly line of Lot 85 per said Hillshire Estates No.2; Thence along said line North 40°34'51" East, 14.21 feet to the most easterly corner of said Lot 85; Thence along the northeasterly line of said Lot 85 North 62°25'31" West 13.00 feet; Thence leaving said line North 38°29'36" East, 88.06 feet to a point on the line common to Lot 84 and 88 of said Hillshire Estates No. 2; Thence South 36°24'59" East, 86.22 feet to the right-of-way of S.W. Mint Place and the beginning of a non-tangent 50.00 foot radius curve to the left; - Thence along the arc of said 50.00 foot radius curve to the left, having a central angle of 58°37'43", a long chord of South 09°40'51" West, 48.96 feet, an arc length of 51.16 feet to a point of beginning of a 20.00 foot radius reverse curve right; Thence along the arc of said 20.00 foot radius curve right having a central angle of 49°59'41", a long chord of South 05°21'50" West, 16.90 feet, an arc length of 17.45 feet; Thence South 30°21'30" West, 24.44 feet to the Point of Beginning. Containing 8831 square feet. 101801-3./a/jk III Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard, Oregon 97224 • • 0 SCALE 1" = 40' • 188 sq.ft. N 89'20'15"E /- 116.03' 90.82' 105.03' o, to 11.00'•o N O� •V-AD 8 4 �' '�• co NN 8,835 sq.ft. ' �� L = 0914'44" /c \ �`�6'. 88 W R = 255.00 " p`Ory' �'7, 8,158 sq.ft. _"o CH = N27'26 32 E 41.10' �b• ca L = 41.15' °` 6-9,, to ,� Do�� F o S . S62 ,8� 6-, �� c'6- ho o VD 9426-, ‘o /SAD 80 0, ., = 59'36'56 R = 50.00' rj oo, j i'∎ 87 CH = S68'48'11"W 49.71' 85 L 52.02' (0, N 8,831 sq.ft. ox A = 58'37'43" Ix p^3 SA9, R = 50.00' ‘D 5(. CH = S09'40'51"W 48.96' `SS-L = 51.16' bO) A = 49'59'41" / •`ist' aO Ai R = 20.00' 86 �°`•�o CH = S05'21'50"W 16.90' ,ry L = 17.45' „o S. W. MINT PLACE EXHIBIT TO ACCOMPANY PROPERTY DESCRIPTIONS IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON BEING A PORTIONS OF LOTS 84, 87 AND 88 OF HILSHIRE ESTATES NO. 2 FOR MWESTLAKE SKYLIGHT HOMEBUILDERS CONSULTANTS ENGINEERING • SURVEYING • PLANNING PACIFIC CORPORATE ggPggOqQ CENTER JOB NO. 1018-01-96 2/12/1996 -Ti lc S.W. 97224"R"` sY'SUITE 1150 FAY (5oo3) 624-O0ii�s7 WESTLAKE CONSULTANTS INC. ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 Skylight Builders Tigard Oregon Project No.: 1018-01-96 February 16, 1996 PROPERTY DESCRIPTION That certain tract of land in the southwest quarter of Section 4, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, State of Oregon, being a portion of Lot 88 and a portion of Lot 84 of Hillshire Estates No. 2 Recorded in Plat Book 91, Pages 19 thru 23, Plat Records of said Washington County, Oregon, being more particularly described as follows: Beginning at the northeasterly corner of said Lot 88 of said Hillshire Estates No. 2; Thence along the easterly line of said Lot 88, South 08°36'34" West, 87.84 feet to the beginning of a non-tangent 50.00 foot radius curve to the left, being on the right-of-way of S.W. Mint Place; Thence along the arc of said 50.00 foot radius curve to the left, having a central angle of 59°36'56", a long chord of South 68°48'11" West, 49.71 feet, an arc length of 50.02 feet; Thence leaving the right-of-way of S.W. Mint Place North 36°24'59" West, 86.22 feet to a point on the line common to Lot 88 and 84 of said Hillshire Estates No. 2: Thence North 14°30'24" East, 35.39 feet to the northerly line of said Lot 84; Thence along the northerly line of said Lots 84 and 88 North 89°20'15" East, 101.82 feet to the Point of Beginning. Containing 8,158 square feet. 10180/-4.1d/jk III Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224