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ARU2009-00001 NO'T'ICE OF TYPE I DECISION .o ACCESSORY RESIDENTIAL UNIT (ARU) 2009-00001 BLUNT ACCESSORY RESIDEN'T'IAL UNIT 120 DAYS = 01/08/10 SECTION I. APPLICATION SUMMARY FILE NAME: BLUNT ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2009-00001 PROPOSAL: The applicant is proposing to convert existing living space into a 364 square foot accessory residential unit(ARL . APPLICANT: Robert J. Blunt 11865 SW Lincoln Ave. Tigard, OR 97223 OWNER: Same as applicant. LOCATION: 11865 SW Lincoln Ave.;WCTM 1S135DC,Tax Lot 01100. COMPREHENSIVE PLAN DESIGNATION: R-4.5 (PD);Medium-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.710. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ARU2009-00001 Blunt Accessory Dwelling Unit Decision 091109 Page 1 ti a SECTION III. BA :GROUND INFORMATION Site Information: The subject parcel is located on a residential street south of Greenburg Road and west of Pacific Highway in the Tigardville Park Subdivision. The site is surrounded by detached single-family development. The home has been partially remodeled to convert garage space to living space. Proposal Description: The applicant is proposing to convert existing living space into a 364 square foot accessory residential unit (ARU). A portion of the garage was converted into living space without building and land use approvals. Per the submitted plans, the area contains a bedroom, kitchen, bath, and living room, which meets the definition of dwelling as defined by the Tigard Development Code. Because of the site size, a duplex would not be permitted. The proposed unit is 364 square feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: ACCESSORY RESIDENTIAL UNITS-APPROVAL STANDARDS: Section 18.710.020 contains the following standards for approval of an Accessory Residential Unit request: Section 18.710.020 - Approval Criteria states that an accessory residential unit is permitted providing there is compliance with all of the following standards: An accessory residential unit may be created within or as an addition to a detached single- family dwelling. For the purposes of this chapter, "addition" means the sharing of a common wall with the primary residence. A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the primary structure; According to the submitted plans, the accessory dwelling unit is incorporated into the footprint of the single-family residence. Therefore, this standard has been met. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a maximum of 800 square feet; Theproposed accessory residential unit is 364 square feet. The single-family residence is approximately 2,500 square feet. The conversion does not exceed 50% of the size of the primary residence not does it exceed 800 square feet. Therefore, this standard has been met. The number of residents permitted to inhabit the accessory residential unit is regulated by the Uniform Building Code; In the event that the number of residents exceeds that which is allowed by the Building Code, the Housing Inspector will be notified, and the condition will be corrected. Therefore, this standard has been met. Either the primary or accessory residential unit must be owner-occupied; The applicant has stated that he will occupy the primary or accessory unit. Therefore, this standard is met. A primary residence in which an accessory residential unit has been created may have only one home occupation. A review of City records shows no application for a home occupation permit is on file at this time. Therefore, this standard has been met. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This parking space shall be paved and/or covered; ARU2009-00001 Blunt Accessory Dwelling Unit Decision 091109 Page 2 The primary residence is i _aired to have one parking space. Th. ;cessory residential unit is also required to have one parking space. The applicant's plan shows a secondary driveway that may or may not provide adequate parking space and a primary driveway capable of providing two parking spaces. Therefore, this standard is satisfied. The front door of the accessory residential unit shall not be located on the front facade of the primary unit unless the door already exists. The front facade and door of the primary dwelling faces east and the plans show the accessory unit entrance facing west. Therefore, this standard has been met. There shall be compliance with all development standards established in the base zone. According to the site plan, the residence meets allof the applicable setbacks of the R-4.5 zoning district. No changes are proposed to the site or exterior of the existing structure. FINDING: Based on the analysis above, Staff finds that the Accessory Residential Unit standards have been satisfied. 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: An Accessory Residential Unit 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 SEPTEMBER 11, 2009 AND BECOMES EFFECTIVE ON SEPTEMBER 12, 2009. 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. Septe4mber 11, 2008 PREPARED BY: Darrel` "Watkins DATE Associate Planner ARU2009-00001 Blunt Accessory Dwelling Unit Decision 091109 Page 3 / ' ' 11890 11895 i � I i ,1 i 11835 a i i s I ,i i i ----------- 1 _1 V1 i t1wo �s i � w a a a z ^a ryz,:d I 14 y ✓ �' �1/� _ / _ -n O D ! 1 1 a CD a Q i s 28l l AFFIDAVIT OF MAILINGno!i�-"N41 r7iRG9KD I,Patricia L. Lunsford, being first duly sworn/affirm,on oath depose and saythat I am a Planning Assistant for the City of Tigard,Washington County, Oregon and that I served the following: I M.k AW p—Box(,)M—) ❑x NOTICE OF DECISION FOR ARU2009-00001/BLUNT ACCESSORY RESIDENTIAL UNIT (File No./Name Reference) AIMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"X,and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on September 11,2009,and deposited in the U ' States Mail on September 11,2009,postage prepaid. (Person that Prepay otice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swom/affinned before me on the c e, day of SEP 1-614 r3� ,2009. OFRCIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC-OREfiON COMMISSION NO.418777 MY COMMISSION EXPIRES APRIL 25,2011 NOTARY PUBLIC OF OREGON My Commission Expires: ����� NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNIT (ARU) 2009-00001 BLUNT ACCESSORY RESIDENTIAL UNIT • . 120 DAYS = 01/08/10 SECTION I. APPLICATION SUMMARY FILE NAME: BLUNT ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2009-00001 PROPOSAL: The applicant is proposing to convert existing living space into a 364 square foot accessory residential unit(ARU). APPLICANT: Robert J. Blunt 11865 SW Lincoln Ave. Tigard, OR 97223 OWNER: Same as applicant. LOCATION: 11865 SW Lincoln Ave.;WCTM 1S135DC,Tax Lot 01100. COMPREHENSIVE PLAN DESIGNATION: R-4.5 (PD);Medium-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.710. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ARU2009-00001 Blunt Accessory Dwelling Unit Decision 091109 Page 1 SECTION III. BA...&GROUND INFORMATION Site Information: The subject parcel is located on a residential street south of Greenburg Road and west of Pacific Highway in the Tigardville Park Subdivision. The site is surrounded by detached single-family development. The home has been partially remodeled to convert garage space to living space. Proposal Description: The applicant is proposing to convert existing living space into a 364 square foot accessory residential unit (ARU). A portio, of the garage was converted into living space without building and land use approvals. Per the submitted plans, the area contains a bedroom, kitchen, bath, and living room,which meets the definition of dwelling as defined by the Tigard Development Code. Because of the site size, a duplex would not be permitted. The proposed unit is 364 square feet. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: ACCESSORY RESIDENTIAL UNITS-APPROVAL STANDARDS: Section 18.710.020 contains the following standards for approval of an Accessory Residential Unit request: Section 18.710.020 - Approval Criteria states that an accessory residential unit is permitted providing there is compliance with all of the following standards: An accessory residential unit may be created within or as an addition to a detached single- family dwelling. For the purposes of this chapter, "addition" means the sharing of a common wall with the primary residence. A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the primary structure; According to the submitted plans, the accessory dwelling unit is incorporated into the footprint of the single-family residence. Therefore, this standard has been met. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a maximum of 800 square feet; Theproposed accessory residential unit is 364 square feet. The single-family residence is approximately 2,500 square feet. The conversion does not exceed 50% of the size of the primary residence nor does it exceed 800 square feet. Therefore, this standard has been met. The number of residents permitted to inhabit the accessory residential unit is regulated by the Uniform Building Code; In the event that the number of residents exceeds that which is allowed by the Building Code, the Housing Inspector will be notified, and the condition will be corrected. Therefore, this standard has been met. Either the primary or accessory residential unit must be owner-occupied; The applicant has stated that he will occupy the primary or accessory unit. Therefore, this standard is met. A primary residence in which an accessory residential unit has been created may have only one home occupation. A review of City records shows no application for a home occupation permit is on file at this time. Therefore, this standard has been met. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This parking space shall be paved and/or covered; ARU2009-00001 Blunt Accessory Dwelling Unit Decision 091109 Page 2 The primary residence is laired to have one parking space. Th. _-cessory residential unit is also required to have one parking space. The applicant's plan shows a secondary driveway that may or may not provide adequate parking space and a primary driveway capable of providing two parking spaces. Therefore, this standard is sans led. The front door of the accessory residential unit shall not be located on the front fagade of the primary unit unless the door already exists. The front facade and door of the primary dwelling faces east and the plans show the accessory unit entrance facing west. Therefore, this standard has been met. There shall be compliance with all development standards established in the base zone. According to the site plan, the residence meets all of the applicable setbacks of the R-4.5 zoning district. No changes are proposed to the site or exterior of the existing structure. FINDING: Based on the analysis above, Staff fords that the Accessory Residential Unit standards have been satisfied. 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: An Accessory Residential Unit 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 SEPTEMBER 11, 2009 AND BECOMES EFFECTIVE ON SEPTEMBER 12, 2009. 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. Septe4mber 11, 2008 PREPARED BY: Darrel` "Watkins DATE Associate Planner ARU2009-00001 Blunt Accessory Dwelling Unit Decision 091109 Page 3 ,177s � `� 11784 VICINITY MAP 11780 G ARU2009-00001 Roti N G c � BLUNT ACCESSORY 11765 �� RESIDENTIAL UNIT 11795 11800 11805 �� 11775 I L_ 11845 1184511845 ------_ 1184511845 11845 11830 Subject Site 11845118451'1845 11840 11795 — — 11835 W yf Q Q z O rU °' 11860 z TJ g d P J €'s11865.................... Q 11870 11890 11895 11 900 Information on this map Is for general location r-11905-1 only and should be verified with the Development 11905 11905 11985 Services Division. 11905 11925 Scale 1:979-1 in-82 ft 11905 11905 11905 Map printed at 11-Sep-09 10:01 AM 11905 DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD 11930 MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE 11 M! 11945 DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO .'TVJ , LIABINFORMATION PROVIDED REGARDLESS OFFOR ANY ERRORS,OMISSIONS,OR AHOW�CAUSED ES IN THE Gity of Tigard 13125 SW Hall Blvd L� Tigard,OR 97223 • - T� o" 503 639-4171 11950 on '11111187ft.' www.tigardor.gov 12045 11835 ' II � I f 11860 � UA Q z 11865 -+ O ID c- V CDT ' 1D 3 z M N 11 Ti aD r 0 f G• =i o' i G. ---.- • O 0 a 0 � � Jl91 v6 C-_ C a N � 1 11895 t? 281t 1S135DC01100 BLUNT,ROBERT 11865 LINCOLN AVE EXHIBIT-0- TIGARD,OR 97223 APPLICANT ACCESSORY RESIDENTIAL TYPE I APPLICATION Cit 'aar,� OR' _y of Ti gard Permit Center 13125 S V Hall Blvd., Ti Pbone: 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION :7, Proper Addre s 'Location: ty '0, FOR STAFF USE ONLY Tax Map&Tax Lot#(s): t 3,�� Case No.(s): UDrD 0 Site Size: 3 32 5/`7 Other Case No.(s): Property Owner/Deed Holder(s)": Receipt No.: 1 -75TS1 Application Accepted By: '5- T Address: /��hone: Date: City: Zip: Applicant*: Address: Phone: 19 Z3_:5.3.S3- Date Deternune4To Pe Complete: City: Zip: Corn ll�Ian/Zone Designation: When the owner and the applicant are different people, the applicant must be 14e �2 12 the purchaser of record or a lessee in possession with written authorization Rev.7/1/07 from the owner or an agent of the owner. The owner(s) must sign this 1.\curp1n\masters\1md use applications\accessory residential ipp.doc application in the space provided on the back of this form or subrrut a written authorization with this application. PROPOSAL SUMMARY REQUIREP SUBMITTAL ELEMENTS 117 Tfie owners of record of the subject property request an Accessory Structure w1iich is (please be specific): V Application Elements Submitted: [1;-"�Apphcation Form feet in height with an area of square fetkt. R---Owrier's Signature/Written Authorization [��Tale Transfer Instrument or Deed (provide any additional information here) er--,Site/Plot Plan (3 copies) [�K'Site/Plot Plan (reduced 8!/2"X 11) Y"Applicant's Statement(3 copies) Filing Fee$134.00 List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to aT the conditions and limitations of the approval. • rill 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. • 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. SIGNATURES of each owner of the subject property. DATED flus 2,3day of ,20-07 t wner's Signator Owner's Signature Owner's Signature Owner's Signature 2 CITY OF TIGARD RECEIPT U 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 Receipt Number: 175131 - 09/08/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID ARU2009-00001 Accessory Res Unit 1003100-43116 $116.00 ARU2009-00001 Accessory Res Unit-LRP 1003100-43117 $18.00 Total: $134.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Cash STREAT 09/08/2009 $134.00 Payor: Robert Blunt Total Payments: $134.00 Balance Due: $0.00 Page 1 of 1 09/08/2009 15:21 FAX 503 671 0535 PAC NW TITLE CUST SERV la 002 waahington CoYM,orlon 2004_118634 d 1 0/1 312004 03:09:34 PM Dew Grit-1 9W-7 K ORtINSWALD $16.00$5.00 511,00 r Total■Moo .� 111111{IIIIIIIIIIIIIIIlIll{111111111111flllllllll LDRELT RAVE THIS SPACE RESER 00B88581200401186U0030038 LLC I,J,nyFlanson,L7u.emr of Aaa�asman n,d TuaSlon End lizzelu County Clak ror w"hlnpton County, ([, 0"pon,do hmtry 11.11111 chat th• Ithln hutrumant 11r J ,M1tlnp ,reNvaGV�OncoMatllnthabeolcof ,! momda o1 raltl county. �I L,'.",`y,�L '. 3 f Y' aiprryRHanron,0lraotor awtam■ntand Taildon, Afterreconfing return to: Robert Blunt 3 8325 SW Mohawk St., #106 Tualatin,OR 97062 Until a change Is requested all tar sWtements shall be Sent Co Me folloWng addrw.r Robert Blunt 8325 SW Mohawk St,, #106 Tualatin, OR 97062 File No.: 364070(SKC) Case No.: 431-364070 Date: September 14,2004 STATUTORY SPECIAL'WARRANTY DEED Secretary of Housing and Urban Development,its successors and/or assigns,an estate in fee simple, Grantor, conveys and specially warrants to Robert Blunt, Grantee,the following described real property free of liens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: 1 See Attached Exhibit A which by reference is incorporated herein and made a part thereof 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 z ORS 30.930. 1. The 2004-2005 Taxes,a lien not yet payable. Q (� The true consideration for this conveyance Is$175,000.00. SELLER: LL Alphonso Jackson,The Secretary of Housing and Urban Development of Washington, D.C., 20414, i successors or assigns ^" - Page 1 of 2 09/08/2009 15:21 FAX 503 671 0535 PAC NW TITLE CUST SERV 0 003 IIIIIE IIIIIIIIIII 111111111 R04-IiA534 AMR0276356 Statutory Spebal warranty Deed Flle No.:364070(SKC) -continued Date:SepWmber 14,2004 Attorney-in-Fact ♦ STATE OF t ) )ss. County of ) This instrumet was acknowled ed before me on this MA day of fi: . 20_&_ as Attorney-In-Fact of Alphonso Jackson,The Secretary of Housing and Urban Development of Washington, D.C., 20414, his successors or assigns R11114 L" Camm 1�1480821 — ��� (pant name) LQ NOTARY PVBLIC•CALIFORNIA s__r'oVj ^ Notary Public for My comm,E'p11,APR.82uDB My commission expires: Page 2 of 2 09/08/2009 15:21 FAX 503 671 0535 PAC NW TITLE CUST SERV 0 004 111111111111111111 I IIN II{II prefiminary Report Order No.:7019.451497 page 5of9 Exhibit"A" Real property In the County of Washington, State of Oregon,described as follows: A portion of Lot 9,TIGARDVILLE PARK, in'Section 38,Township 1 South, Range 1 West, of the Willamette Merldian, more particularly described as follows: Beginning at an iron pipe on the South line of a parcel conveyed to F.B.Hammond,et ux,by instrument recorded in Book 244, page 209, Deed Records of Washington County, Oregon,which is North 89023' East,a distance of 20.0 feet,North 0°19'West a distance or 207.23 feet and North 89036'East a distance of 92.0 feet from the Southwest corner of said Lot 9,TIGARDVILLE PARK; running thence North 0019'West a distance of 80.0 Feet to an iron pipe;thence North 89038' East a distance of 91.72 feet to an iron pipe on the West line of a 50-Foot roadway;thence South 0124'East along said roadway a distance of 80.0 feet to an iron pipe on the South line of Hammond Tract; thence South 89036' West a distance of 91.80 feet to the place of beginning. Excepting therefrom rights of the public in and to any portion lying within roads. Tax Parcel Number; 80276356 AstAmenran 17dm Applicant's Statement for Accessory Residential Unit Robert Blunt 11865 SW Lincoln Ave. Tigard, OR 97223 (971) 222-5355 I'm adding an Accessory Residential unit to my home because it is the best use of the available space, and it will increases the value of my home. Robert Blunt \off P.1 4t� j (q 71) S-8—3SS z 3FJK®0M i ` i f { i . t f &A Std to -�- 4 lArc Pe A ATi 00 J R 38 I,vsulAl I,V