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Resolution No. 87-63 CITY OF TIGARD, OREGON i RESOLUTION NO. 87-(P3 A FI?JAL ORDER IN THE MATTER OF THE APPLICATION FOR LOT LINE ADJUSTMENT AND VARIANCE REQUF_STr_D BY KENNETH WAYMIRE ET AL, FILE NO.s M 14-86/V 29-86 APPROVING THE APPLICATION, ENTERING FINDINGS AND CONCLUSIONS. The Tigard City Council heard the above application at a public hearing on April 20, 1987. The Council finds the following facts in this matter: 1. The applicant requested a lot line ,,djusLmLnt to enlarge lots 58-69 of Bond Park No. 3 and a Variance to allow lot depths of more than 2 1/2 times the lot width 2. The proposal was denied by the Planning Director on January 6, 1987, and the decision was upheld by the Planning Commission on March 3, 1987. 3. The Council reviewed the proposals, modifications of the original proposal, and all pertinent information at its regularly scheduled hearing on April 20, 1987. 4. The relevant approval criteria are contained in Chapters 18.134 and 18.162 of the Community Development Code. Based upon the record in this case, the Council finds that the Lot Line Adjustment and Variance conform with Variance and Community Development Code criteria as noted in the Director's decision. The staff and Planning Commission reasons for denial, noted in the January 6, 1987 Director's Decision, are correct given the information that was available at the time. However, the applicants and the adjoining property owner to the west made additional information available to the Council relating to the status of the 81st Avenue roadway easement. The evidence available indicates that the 81st Avenue easement is no longer needed by any adjoining properties as a sole means of access. Also, the property owner immediately west of the subject property is willing to vacate said easement. The Code provision which prohibits lot depths thy` exceed 2.5 times the average width is intended to help prevent the creation of parcels that are difficult to redivide or develop in the future. The owners of Lots 58-69 of Bond Park No. 3 have stated that no redivision o,- development is desired or practical and the group's intention is to establish larger lots for the existing residences. The enlarged lots can be treated as any other platted subdivision and no access needs to be provided to accommodate future partitions. r. Although the proposed lots will greatly exceed the minimum lot size of the j R-12 (Residential, 12 units/acre) zone, the Community Development Code does not prevent or discourage exceeding minimum lot size standards. RESOLUTION NO. 87-Lp3 Page 1 k s r NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Based upon the findings and conclusions, the Planning Commission decision is reversed and the Council orders that M 14-36/V 29-86 is approved subject to the following conditions:. 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MEI PRIOR TO RECORDING TFIE LOT LINE ADJUSTMENT WITH WASHINGTON COUNTY. 2. The lot- line adjustment survey map and legal descriptions shall be submitted to the Planning Director for review and approval Prior to recording. 3. Utility easements within Lots 58-69 shall be vacated and new easements created as deemed necessary by the Engineering Division. 4. The applicant shall initiate procedures to relinquish the SW 81st Avenue roadway easement. 5. The cost of utility and roadway easement vacations shall be borne by the applicant. 6. The "Declaration of Covenants, Conditions, and Restrictions for Bond Park No. 3" shall be expanded as provided in Article II to include tho additional property. 7. The approval is valid if exercised within one year of the final approval date. PASSED: This /,S day of d,{` 1987. Mayor - City of Tigard ATTEST: �}� �' vt��}.v✓I.UYI_A GC.J� �Ci�y Recorder - City of Tigard KSS b 3120P e' RESOLUTION NO. 87- CP 3 Page 2 i i