Planning Commission Packet - 10/16/1973 POOR QUALITY RECORD
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-�~ AGENDA
TIGARU -ANNING COMMISSION
Regular Meeting - October 16, 1973
Twenty Junior High School - lecture room
14650 S.W. 97th Avenue, Tigard, Oregon
Regular Session - 7:30 P.M.
ND PUBLIC HEARING
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1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
3.1 Regular Meeting of October 2, 1973
4. SUBDIVISIONS - Variance
5.1 Lake Terrace (Arrow Heating Company)
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t � Location : North of S.W. Walnut Street and
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400 feet east of 121st; adjacent
the Brookway Subdivision
Staff Findings
Testimony
Staff Recommendations
Commission Discussion and Action
5. SUBDIVISIONS: ~ Preliminary Plat Approval
6.1 Lake Terrace (Arrow Heating Company)
Location : North of S.W. Walnut Street and
400 feet east of 121et, adjacent
the Brookway Subdivision
Staff Findings
Testimony
Staff Recommendations
Commission Discussion and Action
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6. ADJOURNMENT:
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MINUTES
TIGARD PLANNING COMMISSION
October 16, 1973
Twality Jr. High School - lecture room
14650 S.W. 97th Ave.
Tigard, Oregon 97223 k+
1. CALL To ORDER
A. The meeting was called to order at 7:40 P.M.
2. ROLL CALL
A. Present: Commissioners Barkhurst, Hartman, Nicoll, }'
Sakata, Mickelson, Frazier; Chairman
Whittaker: Planning Director, Wink Brooks;
Associate Planner, Dick Bolen; City Attorney, 1+_
Fred Anderson
B. Absent: Commissioners Lewis and Ball
3. APPROVAL OF MINUTES
A. The minutes of the October 7, 1973 meeting were
corrected in reference to miscellaneous item 5.1
on page 5 to show that Hartman made the motion
to approve the proposed plan and Mickelson seconded.
B. The minutes were approved as corrected by unanimous
vote of the commission present.
4. SUBDIVISION - Variance
4.1 Lake Terrace (Arrow Heating)
Location: North of S.W. Walnut Street and 400 feet
east of 121st Ave. , adjacent the Brookway
Subdivision.
1. Staff Findings
A. Brooks presented the relevant findings of fact,
listing the standards the applicant is requesting
to vary and presenting other factual data which
included a report from the Tualatin Rural Fire
Protection District on the adequacy of the pro-
posed street width.
n2. Testimony
A. Proponents
1. Joe Chamberlain of Arrow Heating Company
questioned Mr. Brooks as to the location
of the cul-de-sac on the easterly street,
according to the Fire Marshal's recommendation
to extend the street to lot 11.
2. Brooks said that the cul-de-sac would touch
the southerly property line of lot 12.
3. Frazier asked if the recommendation of the
Fire Marshal was a strong one.
4. Brooks said that he did not know.
5. Leo Sherry, legal counsel for the applicant,
spoke for the variance and offered the
applicant' s justification for the requested
changes. He stated that this development,
due to terrain and size, had many unique
features and it would
be unwise to saddle
it with too much concrete. He stated that
the variance is totally related to street
width.
That the staff and the applicant
appear to agree upon the needs for the
easterly street, but not the one on the west
side. The applicant' s engineer says that
a 24 foot street is adequate on the westerly
side of the development. To put a wider
street on the westerly side may require pro-
jecting the adjacent lots into the lake which
could preclude the formation of a home owners
association to maintain the lake. Bill McMonagle,
engineer for the applicant, stated that the
alternative to putting a street on the west
side of the lake was to put in four driveways
existing onto Walnut. He said that a 24 foot
street is vastly superior to this alternative
and is in affect providing a half street
improvement for the lots adjoining the west
side of this street.
6. Chamberlain said that to put in streets wider
than he was requesting it would be necessary
to fill some of the lake area to provide more
land for building space. That a 32 foot street
on the west side of the lake would take approx-
imately one-third of the land area when sidewalks
and right-of-way were included.
Page 2 - PC Minutes - October 16, 1973
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7. Fred Anderson said that the Planning Commission
Should take a long look before they adopt a
variance, against the recommendation of the
Fire Marshal. In regard to a suggestion that
parking could be restricted on one side of
the proposed streets to facilitate the
passage of emergency vehicles the City Attorney
said that this is a delusion which is not
within the authority of the Planning Commission
and therefore may or may not happen. Mr. Anderson
pointed out that under the new Oregon Subdivision
law the preliminary plat, once adopted, is bind-
ing upon the Planning Commission and the final
plat need only conform to the preliminary copy.
He concluded by suggesting to the Planning
Commission that as regards the preliminary plat
they speak now or forever hold their peace.
3. Staff Recommendation
A. Brooks began the staff recommendation by pointing
out that before the Planning Commission should
accept any recommendation they must first satisfy
the questions provided in item 13 in the staff
findings of fact. Item 13 states that
According to Chapter 17. 48. 020, Tigard Municipal
Code, the Planning Commission, "in order for the
property referred to in the petition to come within
the provisions of this chapter. . . .shall. . . .find
the following facts with respect thereto:
(1) That there are special circumstances or
conditions affecting the property:
(2) That the variance is necessary for the
preservation and enjoyment of a substantial
property right of the petitioner and extra-
ordinary hardships would result from strict
compliance with these regulations because of
the special circumstances or conditions
affecting the property;
(3) That the granting of the variance will not
be detrimental to the public health, safety,
or welfare or injurious to other property in
the vicinity in which the property is situated.
B. Predicated upon the variance request meeting the
standards provided in item 13 the staff recommended
that the subdivision standards be varied but based
upon these following standards:
Page 3 - PC Minutes - October 16, 1973
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�` 0 A 40 foot street right-of-way.
o 24 feet street paving width.
o A 17 foot radius cul-de-sac at the end of
said eastern street.
o A 5 foot utility easement shall be provided
adjacent the westerly side of said 40 foot
' right-of-way for the placement of under-
ground utilities.
o Said street to be constructed to City
street construction and drainage standards
with the exception that a sidewalk shall
be constructed only upon the westerly side
of the otreetv adjacent the curb.
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Planning Commission approval of the following
street standards :
• A 40 foot right-of-way.
o A 34 foot street paving width.
o A 17 foot radius cul-de-sac at the northern
terminus of said street.
o A 5 foot utility easement shall be provided
adjacent the easterly portion of the 40
foot right-of-way for the placement of
underground utilities.
o Said street to be constructed to City
street construction and drainage standards
with the exception that a sidewalk shall
be constructed only upon the easterly side
of the street, adjacent to the curb.
4. Commission Discussion and Action
A. Hartman asked if the recommended cul-de-sac radii
refered to the paving area or the total right-
of-way width.
B. Brooks said that paving would cover all the
right-of-way and the recommended radius therefore
u:� referred to both.
Page 4 - PC Minutes - October 16, I973 ' ' ,
C. Nicoll said thatin reference to the Fire
Marshal' s film from King City taken on a
24 foot street this situation would not be the
same and people would not be living on both
sides of the street as in King City.
D. Anderson asked if development could not occur
on the westerly side of the proposed street.
E. McMonagle said yes, it could but a street
plug denying access to these neighboring
properties could be used if the City so chose.
F. Hartman asked if a 26 foot street would work
better for servicing emergency vehicles.
G. Brooks responded that yes any additional width
would be better.
H. Chairman Whittaker suggested that rather than
considering both the east and west streets at
the same time that the Commission direct its
attention first to the east street and then
to the west street.
I. Hartman asked if on the easterly street it were
necessary for the cul-de-sac to go all the way
to the last lot. He stated that the only feasible
means of reaching lot 11 is by easement in this
way trees will not be lost.
J. Whittaker asked if there was consensus amoung
the Planning Commissioners that the text provided
in staff findings 13 had been met.
K. The Planning Commission discussed the three
items provided in item 13 in the staff findings
and agreed that the request does comply. Hartmen
stated that it was his feeling that the extra-
ordinary hardship requirement is only met on
the easterly street if projected to the rear
of lot 12.
L. Hartman moved to approve the variance for the
easterly street providing the following standards:
1. The street shall have 40 feet of right-of-way
width.
2. The pavement will be 34 feet adjacent the
4: duplex development and 26 feet to serve the
single family lots, providing for the 17 foot
radius cul-de-sac to end at the property
line of lots 12 and 13.
Page 5 - PC Minutes - October 16, 1973
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3. Lot 11 shall be made a "bottle lot" having
a 20 foot strip extending across lot 12 to .
the cul-de-sac.
4. All lots shall be 15,000 square feet in
area.
M. Hartman ' s motion was seconded by Nickelson and
passed bya majority vote of those present. Frazier
voted against the motion.
N. The Planning Commission next considered the
variance request for the western street in the
proposed subdivision.
0. Hartman asked the staff why it had proposed 34
feet of pavement for the westerly street.
P. Brooks replied the density would be higher in
this area and there would be less opportunity
for off-street parking.
Q. Nicoll said that he did not feel the short
. ^ length of the street required the standard 34
feet of pavement.
R. Hartman made a motion to approve the variance,
stating that the text provided in staff finding
13 had been met and that the street should be
constructed to the following standards.
1. That 40 feet of right-of-way and 34 feet
of pavement be provided for approximately
the first 50 feet of depth of lot one.
This to be tapered into the narrow street .]
portion to the rear. That the remainder of
the street length consist of 36 feet of
rioht-of-uay' 30 feet of pavement width
and a 17 foot radius cul-de-sac at the and.
2. A 5 foot utility easement shall be provided
adjacent the easterly portion of the right-
of-way for the placement of underground
utilities.
3. Said street to be constructed to City street
construction and drainage standards with the '
exception that a sidewalk shall be constructed
only upon the easterly side of the street
adjacent to the curb.
Page 6 - PC Minutes - October 16, 1973
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S. Nicoli seconded the motion.
IL T. Mr. Chamberlain spoke stating that he felt
the Planning Commission was being arbitrary
and putting a burden on him which should also
be shared by the adjoining property to the west.
He stated that if this property owner wants
access he could provide the extra land.
U. Whittaker stated that this was not a consideration
of the Planning Commission. That they are looking
specifically at this variance request in an effort
to see if the needs for public safety and welfare
have been met.
V. The motion was put to a vote and died 4 to 3.
Voting no were Barkhurst, Sakata, Mickelson and
Whittkaer. Voting yes were Hartman, Nicoll
and Frazier.
W. Barkhurst stated that he was interested in why
the Commissioners voting no had done so and that
he had voted no because he felt the street
required by Mr. Hartman ' s motion was wider than
necessary. Barkhurst continued by saying in
tr
that he had apparently voted against the motion
for a different reason than the other Commissioners •
who had voted against it. Barkhurst stated he
would like to change his no vote to a yes vote.
This resulted in the motion carrying by a majority •
vote of 4 to 3.
5. SUBDIVISION - Preliminary Plat approval
5. 1 Lake Terrace (Arrow Heating Company)
Location: North of S.W. Walnut Street and 400
feet east of 121st, adjacent to Brookway
Subdivision.
A. Chairman Whittaker stated that this item will be tabled
to the next regular meeting to permit the changes allowed
by the previous variance approval to be incorporated
into the submitted preliminary plat. He then asked
the City Attorney if he concurred with his action
B. Mr. Anderson stated that it was my opinion that no
plat was before the Planning Commission that documented
the recommended changes and this item should therefore
not be considered until this documentation has been
accomplished.
6. ADJOURNMENT: 9:55 P.M.
Page 7 - PC Minutes - October 16, 1973
TIGARD PLANNING COMMISSION
Staff Report
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Subdivisions - Variance
October 16, 1973
4.1 Lake Terrace (Arrow Heating Company)
Location: North of S.W. Walnut Street and 400 feet
west of 121st, adjacent the Brookway Subdivision.
Staff Findings
1. The applicant (Arrow Heating Co. ) requests variances
from the standards set forth in the City Subdivision
Ordinance. These variances are related to Chapter
17.28 (streets), Tigard Municipal Code, and are
described as follows:
Section 17.28.040 Minimum ri ht-of-wa and widths
for roa our ac nq
1. Street right-of-way widths
o Adjacent proposed lots 12, 13 and 14--
variance from a required 50 feet to 40 feet
Adr-
° Adjacent proposed lots 1, 2 and 3--
variance from a required 50 feet to 30 feet
2. Street paving widths
o Adjacent proposed lots 12, 13 and 14--
variance from a required 34 feet to 24 feat
o Adjacent proposed lots 1, 2 and 3--
variance from a required 34 feet to 24 feet
3. Cul-de-sac right-of-way widths
o Adjacent proposed lots 11 and 12--
variance from a required 50 foot radius
to 20 foot radius'
o Adjacent proposed hots 3 and 4--
variance from a required , 50 foot radius to
15 foot radius
4. Cul-de-sac paving widths
o Adjacent proposed lots 11 and 12--
variance from a required 34 foot radius to
a 12 foot radius
Ar
o Adjacent proposed lots 3 and 4
variance from a required 34 foot radius to
a 12 foot radius
2. The applicant has submitted a petition for "road f
width" variance dated October 5, 1973. A revised
preliminary plat was received by the City on
October 5, 1973.
3. The staff requested the Tualatin Rural Fire Protection
District review the "Lake Terrace" preliminary plat.
Their recommendations are as follows;
o The street on the west side of the development
should be of standard 32 foot paved width. �'
0 The street on the east side of the development F
should be of 32 foot paved width and should
be extended to at least lot 12 with only lot .
11 being served by a long driveway, f
4. The proposed streets will service only those lots
on the pond side of the street, the other side €
of the streets abutting the rear portions of lots t
having access on either S.W. Walnut Street or r;
S.W. 121st Avenue. .
5. The westerly proposed street will serve 4 duplex
units or 8 dwelling units, while the easterly proposed
street will serve one duplex unit and 4 single family
units for a total of 6 dwelling units.
6,, Neither the westerly or easterly roads are appropriately
located for exten-ion of the neighborhood road network,
7. The planning commission by previous action regarding
the "Summerfield" development has approved 32 foot
paving width.- within a 50 foot right-of-way and
no cul-de-sac for dead end streets containing 8 (i
dwelling units.
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8. The applicant has stated his development will be a
high quality, upper-income development. No age 1
restriction.:: will apply. There is a potential for y
greater than average traffic generation from these 1
units.
9. Due to the relatively large lot size (15,000 square
feet minimum) for the single family lots, there
will be greater potential for on-site parking in
these areas.
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Page 2 - Staff Report m Arrow Heating m 10-16-73 1
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10. Duplex lots 15, 16, 17, and 18 will have direct
access to S.W. Walnut Street.
110 The duplex lots will have a higher density demand for
off-street parking, because of more dwelling units
located within a smaller area and less on-site
opportunities for said off-street parking.
12. The applicant has agreed to dedicate additional
right- of-way and participate in a local improvement
district to bring S.W. Walnut Street up to City
collector street standards.
13. According to Chapter 17.48.020, Tigard Municipal
Code, the planning commission, "in order for the
property referred to in the petition to come within
the provisions of this chapter. . . .shall. . . find the
following facts with respect thereto:
(1) That there are special circumstances or
conditions affecting the property:
(2) That the variance is necessary for the
preservation and enjoyment of a substantial
property right of the petitioner and extra-
ordinary hardships would result from strict
compliance with these regulations because of
the special circumstances or conditions affecting
the property;
(3) That the granting of the variance will not be
detrimental to the public health, safety, or
welfare or injurious to other property in the
vicinity in which the property is situated.
Staff . Recommendation
1. Proposed east side street
Planning Commission approval of the following street
standards.
o A 40 foot street right-of-way.
o 24 feet street paving width
o A 17 foot radius cul-de-sac at the end of said
eastern street.
o A 5 foot utility easement shall Lo provided
adjacent the westerly side of said 40 foot
Page 3 - Staff Report - Arrow Heating - 10-16-73
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r it-of-way for the placemen „ if undergound
utilities.
o Said street to be constructed to City street
construction and drainage standards with the
exception that a sidewalk shall be constructed
only upon the westerly side of the street,
adjacent the curb.
2. Proposed west side street
Planning Commission approval of the following
street standards:
o A 40 foot right-of-Way
o A 34 foot street paving width
° A 17 foot radius cul- de-sac at the northern
terminus of said street
o A 5 foot utility easement shall be provided
adjacent the easterly portion of the 40 foot
right-of-Way for the placement of undergound
utilities.
o Said street to be constructed to City street
construction and drainage standards with
the exception that a sidewalk shall be
constructed only upon the easterly side
of the street, adjacent to the curb.
Page 4 - Staff Report - Arrow Heating . 10-16-63
October 5, 1973
To the Tigard Planning Commission
Tigard, Oregon
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PETITION FOR ROAD WIDTH VARIANCE '
LAKE TERRACE PLANNED RESIDENTIAL DEVELOPMENT
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This petition is submitted in conjunction with preliminary
plat for the subject development. Its purpose is to formally
petition for a road width variance in anticipation of such re-
quirements by Chapter 17.48 of the Tigard Municipal Code.
The roadway for which the variance is requested commences
from the Northeastern arc of the cul-de-sac located approxi-
mately 150 feet from the Southeast corner of the development
and proceeds for approximately 320 feet along its Eastern
property line.
The sole issue presented by this petition is whether or
not sufficient reasons exist for the City to permit a 30 foot
wide road rather than the 50 foot road width as specified under
Chapter 17.28.040 of the Tigard Municipal Code as the minimum
road width.
Petitioner believes, and in view of their actions the City
Council and its Planning Commission apparently concur, that this
proposed development will be beneficial to the community. It
promises to have high aesthetic quality, and further, will fill
a significant need in the community because of the special type
of duplex housing it contemplates.
1. SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE
PROPERTY:
This residential development is designed to utilize a small
lake as the focal feature of the development. The existence of
the lake comprising 2 .48 acres of a 9 .77 acre tract is relevant
to the density possible in the development as a whole.
The roadway in question will service Lots 11,, 12 and 13 as
shown on the preliminary plat plan. Because of the nature of
the terrain, this roadway can go no further.
The 30 foot roadway will be quite adequate for the three
residential units for which it will serve as ingress and egress
access.
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To the Tigard Planning Commission
October 5, 1973
Page 2
2. NECESSITY FOR THE PRESERVATION AND ENJOYMENT OF A SUB-
STANTIAL PROPERTY RIGHT OF THE PETITIONER AND FACT OF '
EXTRAORDINARY HARDSHIPS WHICH WOULD RESULT FROM STRICT
COMPLIANCE WITH REGULATIONS ON ROAD WIDTHS BECAUSE OF
THE SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE
PROPERTY:
As mentioned earlier, petitioner believes this development
will be of significant value to the community. The programmed
development in the preliminary plat for Lots 11, 12 and 13 are
the best possible utilization of this portion of the tract in
the opinion of the petitioner and his engineer, Harris-McMonagle
Associates. The 30 foot wide road will permit minimum interfer-
ence with the natural terrain of the development and will permit
retention of a small stand of large cedar trees which would have
to be sacrificied to adhere to Code specified road width. The
primary reason for this petition is to promote the ecology as-
pects and the aesthetics of the development.
It is necessary, therefore, under the circumstances to seek
this variance so as to avoid unnecessary interference with the
development plan and to preserve the existing ecology of the
development for the community and subsequent owners. of the prop-
erty.
3. FACTORS IN SUPPORT THAT VARIANCE IS NONDETRIMENTAL TO
THE PUBLIC HEALTH, SAFETY OR WELFARE AND NONINJURIOUS
TO OTHER PROPERTY IN THE VICINITY IN WHICH THE PROPERTY
IS SITUATED:,
DENSITY. Because of the existence of the lake as mentioned
earlier in this petition, and which will never be buildable in
accord with plat plans and projected community rights in the lake,
overall residential density within the tract will be below muni-
cipal requirements.
UTILITY ACCESS. Because of the terrain features , no utility
access requirements are contemplated for the property located on
the Eastern side of the proposed roadway. The roadway planned
contemplates a 24 foot paved surface with a 6 foot strip on the
West side of the road, which will provide adequate utility access
for the three units planned for it to service. Since the road can
go no further, and there are no additional parcels to require ser-
vice, there are no projected additional utility requirements.
(, To the Tigard Planning Commission
October 5, 1973
Page 3
TRAFFIC PATTERNS. As mentioned previously in this petition,
this roadway will continue to be a deadend road since due to the
terrain there is no possibility of extending it beyond presently
contemplated usage. Because of the shortness of the roadway
(320 feet) , no serious problem is posed in connection with ingress
and egress by fire fighting equipment and other necessary service
equipment.
ORS 368.415 (3) clearly provides precedent for roads in the
County of less than 50 feet in width under special circumstances.
The minimum road width of 50 feet as set forward in the City of
Tigard Subdivision Ordinance of 1968 on Chapter 17.28.040 should
be read in conjunction with Chapter 17.28.030 which appears to
recognize the possibility of variances and which provides as fol-
lows:
"The location, width, and grade of streets shall be
considered in relation to existing and planned streets, to
topographical conditions, to public convenience and safety,
and to the proposed use of the land to be served by the
streets . "
NOW, THEREFORE, the undersigned petitions for a road width
variance to 30 feet for the subject roadway in accordance with
the foregoing materials and comments and the preliminary plat
plan.
IN WITNESS WHEREOF, the undersigned has executed this peti-
tion on this 5th day of October, 1973.
ARROW HEATING CO.
By ,(`1� i -*-- `
President
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October 5 , 1973
To the Tigard Planning Commission
Tigard, Oregon
PETITION FOR ROAD WIDTH VARIANCE
LAKE TERRACE PLANNED RESIDENTIAL DEVELOPMENT
This petition is submitted pursuant to granting of the
conditional use allowing the eight duplex lots in the Lake
Terrace Planned Residential Development by the Planning Com-
mission. Specifically, the petition is aimed at satisfying
the condition set forth in the letter of Mr. Winslow Brooks,
City of Tigard Planning Director, of September 21, 1973 , as
follows :
"Applicants shall provide access to the subject
lots, meeting standards of the City Subdivision Ordi-
nances, or as an alternative, may attempt to vary said
standards by filing a petition for variance as defined
by Chapter 17.48 of the Municipal Code. "
The roadway access to these lots is projected to commence
at the Southwest corner of the Lake Terrace Development as
shown on plats previously submitted, and to commence for 290
feet from the future right-of-way of Walnut Street North along
the Western property line of the development.
The sole issue presented by this petition is whether or
not sufficient reasons exist for the City to permit a 30 foot
wide road rather than the 50 foot road width as specified under
Chapter 17.28.040 of the Tigard Municipal Code as the minimum
road width.
Petitioner believes, and in view of their actions the City
Council and its Planning Commission apparently concur, that this
proposed development will be beneficial to the community. It
promises to have high aesthetic quality, and further, will fill
a significant need in the community because of the special type
of duplex housing it contemplates.
1. SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE
PROPERTY:
This residential development is designed to utilize a small
lake as the focal feature of the development. The existence of
the lake comprising 2.48 acres of a 9 .77 acre tract is relevant
to the density possible in the development as a whole.
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To the Tigard Planning Commission
October 5 , 1973
Page 2
The roadway in question will service Lots 1, 2, 3 and 4 as
shown on the preliminary plat plan previously submitted. Because
of the nature of the terrain, this roadway can go no further.
The 30 foot roadway will be quite adequate to serve the four
duplex units for which it will serve as ingress and egress access.
2. NECESSITY FOR THE PRESERVATION AND ENJOYMENT OF A SUB-
STANTIAL PROPERTY RIGHT OF THE PETITIONER AND FACT OF
EXTRAORDINARY HARDSHIPS WHICH WOULD RESULT FROM STRICT
COMPLIANCE WITH REGULATIONS ON ROAD WIDTHS BECAUSE OF
THE SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE
PROPERTY:
As mentioned earlier, petitioner believes this development
will be of significant value to the community. The programmed
development in the preliminary plat for Lots 1, 2 , 3 and 4 are
the best possible utilization of this portion of the tract in
the opinion of the petitioner and his engineer, Harris - McMonagle
Associates. A 30 foot wide road will permit lot sizes of 8,000
feet each which will qualify under the conditional zoning as ap-
proved. A roadway of 50 feet as required by the City of Tigard
as a statutory minimum will not permit adequate lot sizes.
It is necessary, therefore, under the circumstances to seek
this variance so as to avoid unnecessary interference with the
development plan and to avoid financial hardship on the peti-
tioner and subsequent owners of the real property.
3. FACTORS IN SUPPORT THAT VARIANCE IS NONDETRIMENTAL TO
THE PUBLIC HEALTH, SAFETY OR WELFARE AND NONINJURIOUS
TO OTHER PROPERTY IN THE VICINITY IN WHICH THE PROPERTY
IS SITUATED:
DENSITY. Because of the existence of the lake as mentioned
earlier in this petition, and which will never be buildable in
accord with plat plans and projected community rights in the lake,
overall residential density within the tract will be below muni-
cipal requirements .
UTILITY ACCESS. Because of the terrain features, no utility
access requirements are contemplated for the property located on
the Western side of the proposed roadway. The roadway planned
contemplates a 24 foot paved surface with a 6 foot strip on the
East side of the road, which will provide adequate utility access
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To the Tigard Planning Commission
October 5, 1973
Page 3
for the four units planned for it to service. Since the road can
go no further, and there are no additional parcels to require
service, there are no projected additional utility requirements.
TRAFFIC PATTERNS. As mentioned previously in this petition,
this roadway will continue to be a deadend road since due to the
terrain there is no possibility of extending it beyond presently
contemplated usage. Because of the shortness of the roadway
(290 feet) , no serious problem is posed in connection with ingress
and egress by fire fighting equipment and other necessary service
equipment.
ORS 368.415 (3) clearly provides precedent for roads in the •
County of less than 50 feet in. width under special circumstances.
The minimum road width of 50 feet as set forward in the City of
Tigard Subdivision Ordinance of 1968 on Chapter 17.28.040 should
be read in conjunction with Chapter 17.28.030 which appears to
recognize the possibility of variances and which provides as fol-
lows:
"The location, width, and grade of streets shall be
considered in relation to existing and planned streets, to
topographical conditions, to public convenience and safety,
and to the proposed use of the land to be served by the
streets. "
NOW, THEREFORE, the undersigned petitions for a road width
variance to 30 feet for the subject roadway in accordance with
the foregoing materials and comments and the preliminary plat
plan.
IN WITNESS WHEREOF, the undersigned has executed this peti-
tion on this 5th day of October, 1973.
ARROW HEATING CO. •
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B y C?)/( i "
President
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TIGARD PLANNING COMMISSION
Staff Report
Subdivisions m Preliminary Plat Approval
October 16, 1973 C
5.1 Lake T errace (Arrow Heating Co. )
I:
Location. North of Walnut Street, approximately !:
400 feet west of S.W. 121st Avenue.
Staff Findings
,
1. The applicant ubmitted and the City received ,.,
a revised preliminary plat October 5, 1973.
2. The petition for variance and the preliminary t:
1 plat do not correspond and erroneous information
is written on the preliminary plat. Staff has ''
contacted the applicant and requested the plat
be revised to truly reflect the applicant's
proposal and submit said revisions by the
October 16th meeting. 3�
3. As the preliminary plat varies from the standards k'
required by the City Subdivision Ordinance, approval !
of the prelimin-lry plat will directly relate to the
approval of variances requested by the applicant.
4. The Planning Commis:-ion, according to Section 17,16.100
Tentative Auroval., Tigard municipal Code, "may give 11
tentative approval of the preliminary plat as submitted
or as it may be modified or, if disapprove, shall ,'
express its disapproval and its reasons therefor, t`
Approval of the preliminary plat shall indicate the z;
Planning Commission's approval of the final plat
provided there is no change in the plan of subdivision j'
as shown on the preliminary plat and there is full
compliance with all requirements of this title. " t
Staff Recommendation t
Approval of the preliminary plat with the condition that
said streets meet City street standards or other standards
that may be approved by the Planning Commission under
variance procedure provided in the City Subdivision
Ordinance. I
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