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Planning Commission Packet - 10/16/1973 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. . -,ev ' ' ! „ -' -�~ 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 ( 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) �~. t � Location : North of S.W. Walnut Street and , 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 ^ i 6. ADJOURNMENT: . ' ' . � ( 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 - A (, k, 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 • � ^ ' ^ ` • . 1. ��� �` 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. 2° t 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 - - 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 , • ( 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 x 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. r 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. 1 Page 2 - Staff Report m Arrow Heating m 10-16-73 1 1 i 1 I \ (. 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 . .pw� 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 g PETITION FOR ROAD WIDTH VARIANCE ' LAKE TERRACE PLANNED RESIDENTIAL DEVELOPMENT • 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. • • • 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 • t,. 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. • gg r .; 4 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 i 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. • ;) B y C?)/( i " President • (. 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 {