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Correspondence (7) Albert Shields From: Al Dickman Sent: Wednesday, March 09, 2016 2:50 PM To: Albert Shields Cc: Theresa Reynolds; Rob Block; Paul lzatt Subject: MST's Attachments: Al Dickman.vcf Albert, MST2015-00289, 00290 and 00291 were all commented upon regarding sanitary and storm issues. The storm from the properties flow through a previously approved private plumbing system connecting to the city system of 95th The three sanitary line segments have all been cleaned, had a mandrel pulled through and have been video scanned. The scanning revealed a grade issue in both manholes that has now been corrected. Therefore the previously commented engineering conditions have been met. Al.. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 John Floyd From: John Floyd Sent: Tuesday, February 16, 2016 3:25 PM To: 'Ove Petersen' Subject: RE: 11455 SW Greenburg Rd. HI Ove, I have an answer for you. Putting this in writing so there's no confusion. For purposes of this partition,we will be treating Lot 1 as a corner lot and your can design a new duplex under that assumption. That said, the variance will not be extended to any new development, and you must either conform to current setbacks or apply for any new adjustments. Please note this is based on historical determinations made in MLP94-00003, and does not extend to development beyond the boundaries of this partition. John From: Ove Petersen [mailto:lop8318@aol.com] Sent:Thursday, February 11, 2016 2:50 PM To:John Floyd Subject: 11455 SW Greenburg Rd. Hi John, It has now been 7 weeks since I submitted my building plans to the City. I know you have forwarded your questions to the City Attorney. However that was 2 weeks ago now. Can you please update what has happened so far? Thank you. Ove Petersen 503 515 9464 1 Albert Shields From: Albert Shields Sent: Thursday, December 31, 2015 12:03 PM To: 'LOP8318@aol.com' Cc: John Floyd; Mike White; Al Dickman Subject: MST2015-00289, -00290, -00291 Attachments: Conditions - 12-31-2015.pdf Ove, on reviewing your applications for building permits MST2015-00289, -00290, and -00291, Planning and Engineering have flagged a number of issues that need to be addressed. 1. For all 3 applications, the Conditions of Approval highlighted on the attached list must be met before building permits can be issued. 2. For all 3 applications, the sanitary system constructed on this property serving all 3 lots has never been inspected and approved by the City. Accordingly, we require that the 6 inch pvc sanitary system have a mandrel pulled through and the line be pressure tested and video inspected. These tests are needed to demonstrate structural integrity. 3. For all 3 applications, show on your site plans where storm water leaves the site and connects to a City approved system. 4. For MST2015-00290, a 35 foot setback from the property line is required per Tigard Development Code 18.730.040.A and a 60 foot setback is required from the centerline of Greenburg Rd. at its ultimate width. 5. For MST2015-00291, a 30 foot rear setback is required. Please revise the site plans for MST2015-00290 and MST2015-00291 accordingly and re-submit them. If you have any questions about the required setbacks please contact John Floyd, 503-718-2429 in our Planning Department. Please coordinate the sanitary system tests with Al Dickman in our Engineering Department, 503-718-2463. Please let me know if you have any questions. MZAlbert Shields City of Tigard Permits/Projects 6 Coordinator l%/_ .obert` ` gard-or.goo7 (5O3,, 713-2426 : (50 624-36$1 13125 SW Kali Blvd, ig,rd,OR 97223 1 4t#,.40' ' ,' „," .,'"‘,,-:-,, „,/,./.,,,.:,,r-,,,.•,,/,;;,.,''..,::.:,,./„,./„,''''4.'.J..:".,/,.,-1,1..,/,,,//I/,,'„/,'„/,,,,,,,','„,'„,/,/,,/,',/,/,,,/,,,,,',./,./,,,/../,' / / .( i ; iiii ! iiiiii. 1 , #.4%,- A _4) , ,. ,,,/ .,/ ,./ , .,/ ,/,,',,,/ /.., .••.%, Aki0t,_.„N\,:,/,,,;„/ '/:i:,:: ,,' ,,, ,,, ,,,;,,,,/,.,.,,,,,7,/,/,,/ i :: i , i ! i , f ! i ', i ! ! , ! i i , : ! i #1‘1141 *V, .--.'„/ .,//„,/,,,.,/,,/,/,,/,,/, ',:",/,/:::.`1,7"14Nr;::"./.,',,:':...i.;...,,,/,,/ ,',/,,,/,/,/,'./.,/,'/; I I ! i ', I 1 1 i I ,' :, ,' I ', : 1 I i ; t ', / 1 fii i lkikviri$,,, -.,'" ..,/,,/ '' ./. /. ./.,/1„/,,/,,/,./.' '',/,,/,./.,/,'',/,'./.,:',\46 , '4' ''''',/,-/,',,-1,;(4,:',,L;,/,:.'''',/. ,' ,i / 1 I i i 1 I i / i i i 1, ,' l, i; j i ; 1 i / I i i i / ! i i I I ,,,' -Syr- ,' ,.... ,/ ,''' ,' ,i" ; .' ,'; , ,,' ,." i ,.'" , ./,,/.// , „/,/t",/ ,',Aw- ,/,'„,;.„4..!,,,/,,i ,,,,?.,,,, ! i I : i ; i ; i i i ! , i i : :, i i, ', ! ', i, ,, : , 1, f i i , i i ! lic-V:, ,t Tis .A , � ' ' , , ?-7,--,,,---.4-./ �;� 11 r':.a, r , , , : , �1` i.;i --- '-= - - ,. —7—**�- -'.-`-��'-� -- `. UGB EXPANSION AREA , .. I : . : ` TTSD RUTKIN PROPERTY ",\', � � , � _. ROW ` �� ', + `\ •, t � zs so PROPERTY LINE � at `\ In 1# 0 --i—t18" -1 • • l = ,0 t6 EXISTING GRADE grilr1 5.50' i ' FUTURE EXISTING GRADE WALK 0.50' 24.00' PLANTER WALK • -.- 0.50' Cid, Carenca 52.00' 8RA/.pinp the FW RIGHT OF WAY POR WND (i) River Terrace Realignment DEDICATION E: ,<s pro° :IOD°°RTLOM°�"� Date:/2//7/24,5 mm Project No.:2,5093eo CONTACT:Matt Lewis Tigard Tualatin School District Rutkin Property Development ("Th r r �s' "Story, half" - a story under a gable or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. If the finished floor level directly above a basement or unused underfloor space is not more than six feet above grade, as defined in this section, for more than 50 percent of the total perimeter or is not more than 12 feet above grade as defined in this section, at any point, such basement or unused underfloor space shall be considered as a half story. (7 "Street" or "road" - a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. "Street, private" - an accessway which is under private ownership. "Structure" or "building" - that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Subdivide land" - to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. "Subdivision" - either an act of subdividing land or an area or a tract of land subdivided as defined in this section. "Substantial improvement" - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value ofthe structure either: A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or . 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Revised 02/27/89 Page 31 "Loading space" - an off-street space or berth on the same lot or parcel, with a building or use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle which is loading or unloading persons, merchandise or materials, and which space or berth abuts upon a street, alley or other appropriate means of access and egress. "Lot" - a unit of land that is created by a subdivision or partition of land and is owned by or under the lawful control and in the lawful possession of one ownership. "Lot area" - the total horizontal area within the lot lines of a lot exclusive of public and private roads, and access easements to other property or the private driveway area of a flag lot. "Lot, corner" - a lot situated at the intersection of two streets where the interior angle of such intersection does not exceed 135°. "Lot coverage" - the percent of a lot area covered by the vertical and horizontal projection of any structures or buildings. "Lot depth" - the distance from the midpoint of the front lot line to the midpoint of the rear lot line. "Lot, interior" - a lot other than a corner lot and having frontage on only one street. "Lot line" - the property line bounding a lot. "Lot line adjustment" - the relocation of recorded lot lines which does not result in the creation of an additional lot. "Lot line,. front" - in the case of an interior lot, a property line which abuts the street; in the case of a corner lot, the shortest of the two property lines which abut the street; except where the narrowest side of a lot is a minimum of 75 feet there may be a choice of frontage. "Lot line, rear" - the recorded lot line or lines most distant from and generally opposite the front lot line, except that in the case of an interior triangular lot or lot with more than four sides, it shall mean a straight line ten feet in length which is: A. Parallel to the front lot line or its chord; and Revised 02/27/89 Page 26 V k. • Albert, This memo serves as engineering comments for MST2015-00289, MST2015-00290 and MST2015-00291. MST2015-00289, Lot 2: • Approved for review. • Requires water quantity fee in lieu X 2 and water quality fee in lieu X 2. Prior to issuance of building permit: • Since the sanitary constructed on this property as part of the system serving all three lots was not previously accepted by the city then the city is requiring the 6 inch pvc sanitary system have a mandrel pulled through, the line be pressure tested and the line be video inspected. All are required to demonstrate structural integrity. • Show how and where storm water leaves site and connects to approved city system. MST2015-00290, Lot 1: • Not approved for review. • Requires 60 foot front set back from C/L of Greenburg Rd at its ultimate width. Upon resubmittal: • Requires water quantity fee in lieu X 2 and water quality fee in lieu X 2. Prior to issuance of building permit: • Show how and where storm water leaves site and connects to approved city system. • Since the sanitary constructed on this property as part of the system serving all three lots was not previously accepted by the city then we are requiring the 6 inch pvc sanitary system have a mandrel pulled through, the line be pressure tested and the line be video inspected. All are required to demonstrate structural integrity. MST2015-00291, Lot 3: • Approved for review. • Requires water quantity fee in lieu X 2 and water quality fee in lieu X 2. Prior to issuance of building permit: • Since the sanitary constructed on this property as part of the system serving all three lots was not previously accepted by the city then the city is requiring the 6 inch pvc sanitary system have a mandrel pulled through, the line be pressure tested and the line be video inspected. All are required to demonstrate structural integrity. • Show how and where storm water leaves site and connects to approved city system. 106.60 o �p1� r STANDARD SILT FENCING p' ^ / y 10 PRIVATE SEWER EASEMENT l ��` 11 L FINISHED / co REAR YARD , '2 t i <0 5.0I SLOPE ' EDGE OF PATIO SETBACK / �y SIDE EDGE OF ROOF 13.5'MIN. ARD PER VAR 94-0003 3 8"STEPS v- .ETBACK — — — L — — A 1 W n-a-p -Kr M,,.r (tiit }:f- C �J 'PARTIALLY : PARTIALLY ; COVERED COVERED - / "" ' '� PATIO -PATIO - / t ,evH.,t r `:FLEV 208 96 -FLEV 208.9: 14455SWGRIN RBURG RI 14451 SWGREENBURG RI , // \Q \/ ELEV. 209.38' MAIN FLOOR \ ��o\ / / ELEV. 211.00' \ :.0 GARAGE GARAGE / �� FFIR E LACEEXTNSION ELEV.208.96 ELEV.208.96 ' \ _ / • co / SHED �� 00 / .E o " – + • DRIVEWAY m t \ c' 2 / 1'c:__s_�_ -,4'CO�ERED•'4 ca- '• ---• S 1892. / ,l L r COV�RE�,,- r . FFr / 'IENZRYPORC� NTRYPORC :If SIDFSF g /1 t_ J L---' J; QAC �/ ELEV.209.03' ELEV.210.65' / y "...--"•••./ "" / - ..... .. *4110p.• k___ :._._._.. i* "' *it 1111P1 I 41 Pi?r: . I r 740 WO r --: ' .441 P41 It 44i 10 • /' 15'SEWER EA8EME #ØLING SI NT \• - PRON / ACCESS • M¢ EASEMENT / M co /, : b LL -z/z?zxxz / GRAVEL CONSTRUCTION ACCES-.• - - - - . • . • . ; , _ _ ••• . . _ NORTH �1 °�4° 76.00 p6 A`.1. 11455 & 11451 SW GREENBURG RD. tip° <:<,, 1S135CD09000 ����' / 8,692 SQ.FT.LOT AREA 2,567 SQF.T ACCESS EASEMENT SITE PLAN / 6,125 SQ.FT. BUILDABLE LOT AREA 2,369 SQ.FT.BUILDING COVERAGE SCALE 1/16"= 1-0" 3,228 SQ.FT.TOTAL IMPERVIOUS AREA 38.7%BUILDING COVERAGE AREA 53.7% BUILDING AND IMPERVIOUS COVERAGE AREA 46.3%LANDSCAPE AREA 60 • - — 106 N EDGE OF PATIO 0�� --_ -———- �_STANDAA RD SILT FENCING ` FINISHED 10'PRIVATE SEWER EASEMENTREAR YARD %� <t>t �SLOPE- 4 -PARTIALLY' PARTIALLY SETBACK c COVERED COVERED m, 13.5'MIN. PATIO PATIO - EDGE OF ROOF PER VAR 94-0003 t ELEV.208.96 -- __ _ -. -LAV.2-108- +. / / GARAGE / i` ELEV.208.96 GARAGE / co O ELEV.210.50 "' / / Q h O DJ STD [.DRIVEWA / e' �/� SSIDE ETEAG 0 o V /- U /vim_ 14455 SW GR ENBURG R4 114451 SW QREENBURG RD '7- ,' /' o DRIVEWAY- MAIN FLO R i MAIN Y�LOOR - FNNEO �,-� \ - .. ELEV.20.38' ELEV.211.00 1 _S'lFD37---fiE SOp �� J w 4' .l \� _ ETSIDES�T@ � 1 :/ ACK _ _ ,A - / / a - - Y_'A NTRRYPORCR ' -= T — — o, RY , - 15 SEINER EASEMENT_ i - EbSTING c`i 'COMMON i APRON r ,ACCESS x APRON/ z / a (GRAVEL CONSTRUCTION ACCESS) -' / — _ — - - - �_ — - — / v I NORTH ,,oa ' 76.00 °o ,1° 11455&11451 SW GREENBURG RD. 9> <0 1S135CD09000 «"- ., 8,692 SQ.FT.LOT AREA 2,567 SOF.TACCESS EASEMENT SITE PLAN 6,125 SO.FT.BUILDABLE LOT AREA 2,369 SQ.FT.BUILDING COVERAGE SCALE 1/16"=1'-0" 3,228 SQ.FT.TOTAL IMPERVIOUS AREA 38.7%BUILDING COVERAGE AREA 53.7%BUILDING AND IMPERVIOUS COVERAGE AREA 46.3%LANDSCAPE AREA PARTJ770N PLAT PARTITION PEAT NO. -51/A/-/DLi- OF A PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE SW 1/4 RECORDER As DOCUMENT NO. 9`/7IL3G9 OF SECTION 35, T.IS., R.1W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON NOTES: Dirt REFERENCE NO. MARCH 24, 1994 Mw 9'f c3 1. THE ACCESS AND PRIVATE WATER UNE EASEMENT IS FOR THE USE AND BENEFIT PREPARED BY: OF PARCELS 1, 2,AND 3. MAINTENANCE OF FACILITIES SHALL BE THE W&H PACIFIC RESPONSIBILITY OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR 8405 S.W. NIMBUS AVENUE SUCCESSORS OR ASSIGNS. ��SOONN,OREGON 97008 LEGEND: 2. THE 5 FOOT PRIVATE STORM SEWER EASEMENT IS FOR 774E USE AND BENEFIT OF JOB NO. 4-542-0301 /// PARCELS 1, Z &3. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY FILE NAME,0542PL01 PARCEL LINE / OFESrxm OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR SUCCESSORS OR ASSIGNS EXTERIOR LAT BOUNDARY I PROFESSIONAL ND SURV OR 3. THE SEWER EASEMENT IS GRANTED TO THE CITY OF TIGARD FOR CONSTRUCTION AND -- — EASEMENT LINE MAINTENANCE OF A PUBLIC SEWER UNE. — CENTER LINE f�/�-�'(��J 4. THE 10.00 FOOT PRIVATE SEWER EASEMENT IS FOR THE USE AND BENIF/T OF PARCEL -- oREc. RIGHT-OF-WAY LINE .T M G , 2. MAINTENANCE OF FACILITIES 514811 BE THE RESPONSIBILITY OF THE OWNER OF • FOUND MONUMENT AS NOTED \PAT2382 O U i 5 PARCEL 2, THEIR SUCCESSORS OR ASSIGNS /! SET 5/8'4 30"IRON ROD WITH 5. 774E 13 FOOT PRIVATE STORM SEWER EASEMENT ON PARCEL 2 IS FOR THE USE AND YELLOW PLASTIC CAP STAMPED EXPIRES 12-31-94 BENEFIT OF PARCELS 1 &2. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY "W&H PAC1F7� OF 174E OWNERS OF PARCELS 1 &2 OR THEIR SUCCESSORS OR ASSIGNS. IR IRON ROD /HEREBY CERTIFY THIS SIXXX WASHINGTON COUNTY RECORD TO BE A TREXACT 7.' SURVEY FILE NUMBER PIAT OF THE E PA PARTITIONr �! W/YPC WITH YELLOW PLASTIC CAP SCALE 1710 FOUND 20 0 20 10 20 40 MON. MONUMENT 3\--FND 1/2'IRON PIPE (FEET) 1 INCH =20 FEET HEW Q I L 0 T 5 FNO 5/8"IR IN MON. BOX [-1- m0.3B' STAT/0 33 F.78 / O` p� GREENBERG HTS A" HEW FID I''T'✓O/NT ON 3/4'PIPE(WESTERLY PORTION) - ,� �`�� �'O WITH PUNCH MARK(5#3908) l � N0120J0"W / / v•, N DD'Oo'OPE 289.60' 91.59' 14.89 s AI \ ►-`Am.i _ _ x_60' 5'PRIVATE STORM I� � "RIVS 7 . E le��ie -'( No'4) x n �_ •01 y / SEWER EASEMENT y. 1 (SEE NOTE 2) - 50120'30"E y� S" PARCEL 2 87.15' ti� �(v NOD'OWOrE a t� . , , (1 AREA•8,907 S.F. - .- 6•(ry 1 4, :'1A �� / ^v / H \ C� J i. P.: \10.00' ? L '..may /y� 2 N00'04'09'E 0 FND 5/6'IR 75. / op y y ���A `v LOT 3 c 31.0 PARCEL 1 N 71.17W 0.09 b y PAROL h., _� 4 AREA,8,688 S.F. yy O ^ti 1 GREENBERG AREA: 8,610 S.F. m __, SO`27 WCi 4Q 1 / 2, / HE/GHTS y L �( ERNO SENT 16a.sz 0 L=9.04=ter ; 0 ��l I ,15. - E3 I Q ('� 3 SOY04'09"W ------ 60.52'I� �J gro —� NOB•042T 3 y 0 ACCESS 185-98'E 12�_ y 4.01' HELD lN?WL POINT,S.E. CORNER LOT 5 A H ANO PRIVATE h --� g Fl./0 5/8'IR IN MON. GREENBERG HEIGHTS FOUND 3/4" 2 O WATER LINE EASEMENT BOX P.7. CURVE IRON PIPE, HEW (SEE NOTE 1) 2 = 04'44'32' STATION 28+25.63 3 •��• 1 R= 530.00• PER.5124854 N 00'04.09"£ 99.46' 90.00' \ 1 80� L = 43.67' 35.00' 93.00' 76.00' / CHORD= 4.3.89 14"E FN !R W BEARING ; S OPO4'09'W 259.00' •• 89'56'1,W 43.85' / �C 5 SET IR N 89'56W 0.50' / STAMPED'LS 660' �5�•' AND. 1'IR WITH PUNCH MARK AS WITNESS TO TRUE CORNER �' ORIGIN UNKNOWN FENCE POST IN CONCRETE I ' OCCUPIES TRUE CORNER I (^. I L O T 4 BOETCHER' S ADD N. 1�, E R 0 T !2 CURVE TABLE S END. BRASS DISK O R=55.00 SB'O R=35.00' O R=35.00' 0 R=2 3858'O R= �3J' -T47I 0' STATION-WARD- L =22.51' L =33.69' L =33.6'9' L=46.10' L=39.27' I 30• LAT.=45'2554.18'N CND =22.35' CHO=32.40' CHO =32.40' CHO= 39.84' CHO = I LONG.=122'46'12.66W N1 1'47'38"E N27.38'39'E N2T38'39"E N29'18'22'W 3535' NAD 1927 DATUMN4S03'55'E SHEET 1 OF 2 PAY tl " '� 'r Y®i" PLAT PARTITION PLAT NO. )99'1-/G 2.- OFA PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE SW 1/4 RECORDED AS DOCUMENT No. 9`/J!2 36 OF SECTION 35, T 1 S., R.1 W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON MARCH 24, 1994 PREPARED BY: W&H PACIFIC 8405 S.W. NIMBUS AVENUE P.O. BOX 80040 PORTLAND, OREGON 97280 503/626-0455 JOB NO. 4-542-0301 CITY REFERENCE NO. MLP 9Y—CC'°3 NARRATIVE: DECLARATION: CITY OF TIGARD APPROVAL: PURPOSE: THE PURPOSE OF THIS SURVEY IS TO DETERMINE THE EXISTING KNOW ALL MEN BY THESE PRESENTS,THAT JOHN DRENNAN, ACTING ON BEHALF OF APPROVED THIS 766 DAY OF December ,1994 PROPERTY LINES AND TO PARTITION INTO 3 PARCELS THAT CERTAIN TRACT HIMSELF AND AS ATTORNEY IN FACT FOR DAVID A. DRENNAN, AND JOAN DRENNAN, DESCRIBED AS LOT 5, GREENBERG HEIGHTS EXCEPTING THEREFROM THAT THE OWNERS OF THE LANDS DESCRIBED IN THE ACCOMPANYING SURVEYOR'S CERTIFICATE, //JJ PORTION OF SAID LOT 5 DESCRIBED IN DEED RECORDED SEPTEMBER 6, 1950, BOOK 311, DOES HEREBY MAKE, ESTABLISH, AND DECLARE THE ANNEXED PARTITION PLAT TO BE BY, //2•� .f # PAGE 80, AND ALSO EXCEPTING THAT PORTION OF SAID LOT 5 DESCRIBED A TRUE AND CORRECT PLAT THEREOF, ALL PARCELS BEING OF CITY ENGINEER IN DEED RECORDED JANUARY 26, 1953, BOOK 341, PAGE 18, BOTH OF THE DIMENSIONS SHOWN AND ALL STREETS AND EASEMENTS OF WIDTHS THEREIN 'NASHINGTON COUNTY DEED RECORDS. SET FORTH AND HEREBY GRANT ALL EASEMENTS AS SHOWN OR NOTED ON SAID MAP. THERE ARE NO WATER RIGHTS APPURTENANT TO THIS PLAT. BASIS OF BEARINGS: THE CENTERLINE OF S.W. GREENBURG ROAD STATION 28+26.63 TO n,� � F� 33+0'.75 PER SURVEY NO. 24,854 WASHINGTON COUNTY SURVEY RECORDS. JOH DRENNAN JOH DRENNAN, ATTORNEY IN FACT BEARING= NORTH 711259" WEST FO DAVID A. DRENNAN WASHINGTON COUNTY APPROVAL: HISTORY: ND')o, ,„ LOT 5 WAS PLATTED IN GREENBERG HEIGHTS SUBDIVISION, PLAT BOOK 2 PAGE 54 OF JOHENNAN, ATTORNEY IN FACT APPROVED THIS Z,rc DAY OF y .� ,7994THE WASHINGTON COUNTY PLAT RECORDS THE LOT WAS SUBSEQUENTLY FON DRENNAN DIVIDED BY METES AND BOUNDS DEEDS. SEVERAL SURVEYS HAVE BEEN CONDUCTED WITH REFERENCE BELOW. GREENBURG ROAD WENT THROUGH A �A AA BY. �e--�_ LEGALIZATION PROCESS TO ESTABLISH RIGHT-OF-WAY AND IS THEREFORE ACKNOWLEDGEMENT'S: WASHINGTON COUNTY SURVEYOR 30 FEET EACH SIDE OF THE MONUMENTED CENTERLINE IN THIS LOCATION. REFERENCE SURVEYS: PLAT OF'GREENBERG HEIGHTS; SURVEY NO'S: 70,506; 78,429; 3,908; STATE OF OREGON 55 24,854. COUNTY OF WASHING TON RESOLUTION: COUNTY ASSESSOR'S CERTIFICATION: WE ACCOMPLISHED A RESURVEY AND LOCATED MONUMENTS AS DEPICTED AND NOTED HEREON. THE SOUTHERLY LINE WAS HELD PER MONUMENTS FOUND. THE EASTERLY LINE WAS HELD PER FOUND MONUMENTS ON THE EAST LINE OF LOT 3 OF THE PLAT AND ALL TAXES, FEES, ASSESSMENTS, OR OW CHARGES AS PROVIDED BY THE LINE PROJECTED TO THE RIGHT-OF-WAY OF GREENBURG ROAD. THE WEST LINE THIS IS TO CERTIFY THAT ON THIS�3''DAY OFfV(TSGril1Oon, 1994, O.R.S. 92.095 HAVE BEEN PAID AS OF r(�<G ,zG 192,4. WAS HELD AS COMMENCING AT THE FOUND "T"PIPE AND PROJECTED NORTHERLY AT BEFORE ME,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND`STATE, DIRECTTOR 01175101 OF ASSESSMENT AND TAXATION THE SAME BEARING RELATIONSHIP, AS RELATED TO THE EAST LINE, AS SHOWN ON PERSONALLY APPEARED JOHN DRENNAN, TO ME PERSONALLY KNOWN TO INa.6O.ng reef COUNTY, OREGON. `HE ROAD RIGHVEY NO. T-OF-WAY TWAYWAS 'WAS HELD PER SURVEY TO IT'S TERSECDON NO. 24,854. HE WITH GREENBURG ROAD. HE IS ATTORNEY IN FACTNAMED FOR DAVID A. DRENNAN AND OANDID DRENNANTHAT THE AND HE HAS EXECUTED THE FOREGOING INSTRUMENT AND HE BY 190.1.401 // � SURVEYOR'S CERTIFICATE TACK.NOWLEGES SAID DECLARATION TO BE A FREE ACT AND DEED. DEPUTY !MA,ACU/S, A REGISTERED PROFESSIONAL SURVEYOR IN THE STATE OF OREGON HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER MONUMENTS THE LAND REPRESENTED ON THE ANNEXED PARTITION PLAT MAP, AND THAT AT THE INITIAL POINT I FOUND A 3/4"IRON PIPE REPRESENTING THE SOUTHEAST =omoeuix r, C2RNE.R OF Lor 5 OF GREENBERG HEIGHTS SUBDIVISION AS RECORDED IN AIM WM Wip7NG O COUNT' A RECORDS; THENCE TRACING THE SOUTHERLY LINE OF SAID 551/0 44641V STATE OF OREGON 7 -"TORTIT 89'56'18" Jw m EST 9567 FEET; THENCE LEAVING SAID SOUTHERLY LINE YrSSgM nEM EVIVier• 004 COUNTY OF WASHINGTONISS TRACING THE AS ERLY LINE OF THAT CERTAIN TRACT DESCRIBED IN DEED - ,,n RECORDED JANUARY 26, 1953, BOOK 341, PAGE 18, OF THE WASHINGTON COUNTY DEED `O I�;,r\ IA /V tA- RECORDS NORTH 00'00'O7"EAST 289.60 FEET TO THE SOUTHERLY RIGHT-OF-WAY _Jt4*^�+"'•` Il LINE OF S.W. GREENBURG ROAD; THENCE TRACING SAID RIGHT-OF-WAY LINE SOUTH I DO HEREBY CERTIFY THAT THIS TRACING IS A COPY CERTIFIED TO ME, 772'59"EAST 56.88 FEET TO A POINT OF CURVATURE; THENCE TRACING THE ARC BY THE SURVEYOR OF THIS PARTITION PLAT TO BE A TRUE AND EXACT OF A 530.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF COPY F THE ORIGINAL, ANO THAT IT WAS RECORDED ON THE. A, SAY 04'44'32"AN ARC DISTANCE OF 43.87 FEET(THE LONG CHORD BEARS SOUTH 73'35' OF rr / 1994. AT a•y3 O'CLOCK ,C7 M, AND 74"EAST 43.65 FEET TO THE EASTERLY LINE OF SAID LOT 5 OF GREENBERG HEIGHTS; RECORDED IN THE COUNTY CLERK RECORDS. THENCE TRACING SAID EASTERLY LINE SOUTH 00'04'09" WEST 259.00 FEET TO THE BY, (...<47...,,r INITIAL POINT. C..,.....)DEPUTY COUNTY CLERK CONTAINING 26,205 SQUARE FEET OR 0.6016 ACRES. REGISTERED PROFESSIONAL STATE.OF OREGON I •ND SURVEYOR COUNTY OF WASHINGTON SS f.% ' 100 HEREBY CERTIFY THAT THIS PARTITION PLAT WAS RECEIVED OREGON' I HEREBY CERTIFY THIS FOR RECORD ON THIS RECORDED OTHE ,.A.,- 1994,AT ?:Vj PAT MARQUIS TO BE A TRUE&EXACT O'CLOCKLM.,AND RECORDED IN THE COUNTY CLERK RECORDS. i JANUARY M 1989 2382 COPYINTOF THE PARTITION BY '� PLAT 0 TY COUNTY CLERKERK ' EXPIRES 12-31-94 cY�� SHEET 2 OF 2 _ 6 /vi. isz Me __ _ __________ t___AtJcs 1 , cou...cc -7-)iiz ()I: /41-1,z.7 e.- it 1A, ,... • vier ,,,,,, (i LT,1,1 A --( c,--- it<0,(Jj (,,,)/ -,,)7(-1 le it1 (4 -- 50 / 5 5 t D ,J , 67 y A:;<:':0 ' L1.... — iAt1/451 pcAkmd „_,, (fie, ( ot-1m) !.. ,;.,....0 5(Dc \lei- .,•- „At_,„. y e 1 r ' a k , 4 1 1 r k Pr 1.4) 14 4' .04. s, 7 v`r) jeol/OP i cz e.... ( ,,,„ '''''\oltir4 if r - , preliminary plat which addresses the maintenance requirements for the zero setback wall of the detached dwellings; and ii. The easement shall be recorded with Washington County and submitted to the city with the recorded final plat prior to the issuance of any building permits within the development. 2. The approval authority requires the following conditions to be satisfied: a. Deed restrictions shall be recorded with Washington County which ensure that: i. The 10-foot separation between the residential structures shall remain in perpetuity; and ii. The 10-foot separation between the residential structures shall be maintained free from any obstructions other than: (A)The eaves of the structure, (B) A chimney which may encroach into the setback area by not more than two feet, (C) A swimming pool, (D)Normal landscaping, or (E) A garden wall or fence equipped with a gate for emergency access and maintenance purposes; b. Easements shall be granted where any portion of the structure or architectural feature projects over a property line;and c. The maximum lot coverage for zero lot line shall not exceed the maximum lot coverage for the base zone. C. Application submission requirements. All applications shall be made on forms provided by the director in accordance with Chapter 18.350, Planned Developments, Chapter 18.430, Subdivisions, or Chapter 18.420,Partitions, and shall be accompanied by: 1. Copies of the plat plan indicating building and easement location and dimensions, and necessary data or narrative which explains how the development conforms to the standards; 2. A list of names and addresses of all property owners of record immediately abutting the site; 3. All other requirements of Chapters 18.350, 18.430 and 18.420 shall apply. 18.730.040 Additional Setback Requirements A. Additional setback from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the city's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus 1/2 of the projected road width as shown on the transportation map. 5A Exceptions to Development Standard, 18.730-3 AP Update: 2./14 PAR • LA • PARTITION PLAT NO. J 9/II'/D"Z.. OF A PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE SW 1/4 RECORDED AS DOCUMENT NO. 9 y I iZ 36 OF SECTION .35, T.1 S., R. W., W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON NOTESMARCH 24, 1994 CITY REFERENCE NO. 7. THE ACCESS AND PRIVATE WATER UNE EASEMENT IS FOR THE USE AND BENEFIT PREPARED BY: MLP 9Y 0003 OF PARCELS 1, 2,AND 3. MAINTENANCE OF FACILITIES SHALL BE THE W&H PACIFIC RESPONSIBILITY OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR 8405 SW. NIMBUS AVENUE SUCCESSORS OR ASSIGNS. 50OREGON 3/626-0455 97008 7 LEGEND. • 2. THE 5 FOOT PRIVATE STORM SEWER EASEMENT IS FOR THE USE AND BENEFIT OF JOB NO. 4-542-0301 PARCELS 1, 2, &J. MAINTENANCE OF FACILITES SHALL BE THE RESPONSIBILITY RLE NAME 0542PlO1 PARCEL LINE REGISTERED OF THE OWNERS OF PARCELS 1,2,AND 3 OR THEIR SUCCESSORS OR ASSIGNS. EXTERIOR LOT BOUNDARY PROFESSIONAL ND SURV OR 3. THE SEWER EASEMENT IS GRANTED TO THE CITY OF TIGARD FOR CONSTRUCTION AND EASEMENT LINE ,y,,�1� ,u/y7� MAINTENANCE OF A PUBUC SEWER UNE. - CENTER LINE /' N ✓ OREGON 4. THE 10.00 FOOT PRNATE SEWER EASEMENT/S FOR THE USE AND BENIF/T OF PARCEL -- RIGHT-OF-WAY UNE za, 2. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY OF THE OWNER OF • FOUND MONUMENT AS NOTED PAT 2382 O U I S/ PARCEL 2, THEIR SUCCESSORS OR ASSIGNS f SET 5/8'x 30'IRON RDD WITH YELLOW PAST/C CAP STAMPED EXPIRES 12-31-94 5. THE 73 FOOT PRIVATE STORM SEWER EASEMENT ON PARCEL 2 IS FOR THE USE AND "W&H PACIFIC' BENEFIT OF PARCELS 1 &2. MAINTENANCE OF FACILITIES SHALL BE THE RESPONSIBILITY IR IRON ROD l HEREBY CERTIFY THIS OF THE OWNERS OF PARCELS 1 &2 OR THEIR SUCCESSORS OR ASSIGNS. TO BE A TRUE&EXACT SfXXX WASHINGTON COUNTY RECORD COPY OF THE PARTITION �� SURVEY FILE NUMBER PLAT W/YPC WITH YELLOW PLASTIC CAP SCALE 674,0 FOUND \ 20 0 20 10 20 40 MON. MONUMENT 3 `FND 7/2"IRON PIPE (POET h1 INCH =20 FEET HELD Q END 5/8"IR IN MON. BOX m L 0 T 5 0.38' STATION 33+01.78 / / PER 424854 GREENBERG HTS. — ,o° oi'-c- //�HELD FWD 1''r JO/Nr ON 3/4'PIPE(WESTERLY PORTION) — / WITH PUNCH MARK(513908) ,{ 1 N OC'OO'OYE NO7 2030'W 14.89'1 / / 289.60' 91.59' 1` / 106.60' 90.00' _ 930' J. ' I 17 13'PRIVATE STORM SEWER EASEMENT'S0'�D'�' 10'PRIVATE SEWER EASEMENT .o `-5'PRIVATE STORM r (SEE NOTE 5) (SEE NOTE 4) �2 �O y °4'. S(SEER EASEMENT S07 20'30'E 4,7_,\..,„ h °' . 10 PARCEL 2 N00'04'09'E a • ry 2�OTE 2) �� () / h ^ AREA.8,907 S.F. 20.22 1 y t� ^N� / �v / .., m I _10.00' >•` . ^yam Q NOPO4'09"E 0 % FND 5/B"!R '' -y �/.� ///y}},,, 16.17' PARCEL 1 N 7I'fTW 0.09 b, Co y° LOT 3 PARCEL 3 ti , �` ,,,\ AREA:8,888 S.F. y" o ro GREENBERG AREA: 8,610 S.F. 'fi S08-04'2 h HEIGHTS (.sEEND E, +ENT 168.52.w 0 - 9.04 %; CT/ �� 31500'04'09`W i N / 60.52' g+� N08'0427-E 3 yI -„ ,o O ACCESS 0 4.01' HELD `�"� ANO PRIVATE 10 �o FND 5/8"1R IN MON. INITIAL PO/NT:S.E. CORNER LOT 5 A^moi WATER UNE EASEMENT N —BOX PT CURVE GREENBERG HEIGHTS FOUND 3/4" 2 (SEE NOTE 1) w A = 04'44'32" STATION 28+25.63 IRON PIPE, HELD 2 3.50' i R= 530.0' PER 3124854 N 0004'09'E 99.46' I 0 A I L=11.80' 90.00' l 35,00• 93.00' ~C 20.00' _ — L = 575543.87' 76.0' CHORD= 47735'74"E / S 00'04'09'W 259.00' 89'56.1=W ` ED FOR N-S BEARING SET IR N •�' Va STAMPEDEND /�LS 8 IR �C ��5�5, END. 1" IR WITH UNKNOWN PUNCH MARK AS WITNES59TO TRUE CONCRETE CORNER FENCE POST IN CONCRETE / l OCCUPIES TRUE CORNER I L 0 T 4 BOETCHER' S ADD' N. 351'', R T H CURVE TABLE 5 ENO. BRASS DISK O R=55.00' O R=5.00' O R=35.00' O R=25.00'; ' O R=25.0' 3Y ( 30' STATION"TIGARD" L =22.51' L =.73.69' L =33.89' L= 46.10' L=.39.27' / 30• LAT.-45'25'54.18"N CHO=2235' CHO =32.40' CHO =52.40' CHD A. 39.84' CHO = 35,35' I LONG.=12746'12.66W N 1 1'47'38"E N2738'3 22 9"E N2738'39"E N29'18 "W N45-03'55"E NAD 1927 DATUM SHEET 1 OF 2 106.60 RECE1VEJ �0��° r STANDARD SILT FENCING ' ' DEC„ 10'PRIVATE SEWER EASEMENT / tip ' E4 1015 �v 5.0 FINISHED�� w REAR YARD SLOPE EDGE OF PATIO ')SETBACK • / �• . SID • EDGE OF ROOF 13.5 MIN. EATRBA K L 1 3 8”STEPS• _ PER VAR 94-0003 gg��CITY 01 l'IGARly i WNTO PATID — RUII ° @ M� ? 'PARTIALLY PA TIALLY p ; / -COVERED COVERED .- • PATIO - -PATIO / r El FV.708 96 -Fl FV.208.9e �00 ' / \ co. / 14455 SW GREENBURG R 14451 SW(GREENBURG RI r/ MAIN FLOOR MAIN�FLOOR" / \moo, / ELEV. 209.38' ELEV. 211.00' I \Il l .k)\/JJJ p GARAGE GARAGE V FIREPLACE ELEV. ELEV. / j / EXTENSION ' / / /, coM / // `,SEED a DRIVEWAY <o / \ c� M CO / L?__-_a: ,r-•CIA 6-i N -, 6711 '[f. -.' S�FErS 18.9.. / 4 / ..ENIR PORCH +ENTRYf ORC - SF/3 / i y ELEV 209.03 ELEV.210.65' / 44 / 4. .400, 41 0®w roirelprQom°/ 44 15'SEWERE EXISTING vJ e/ :� EASEMENT �. .. v, COMMON APRONIVEW / - oi ..; ACCESS APRON "' EASEMENT., 4,.....� / / . . • . E, (GRAVEL CONSTRUCTION ACCESS) / / NORTH ,,`"° 11455 &11451 SW GREENBURG RD. l'-‘ ''\ / CITY F 0, 1S135CD09000 0 TIG,4RD 8,692 SQ.FT.LOT AREA 6,125 SQ.7 FT.BUILDABLE ES SLOTEAREA SITE PLAN / Approved /by P� I�nlr� 2,369 SQ.FT.BUILDING COVERAGE SCALE 1/16"= 1'-0" / t 2! 2 ' I S 3,228 SQ.FT.TOTAL IMPERVIOUS AREA 38.7%BUILDING COVERAGE AREA I F-14-i-70,5• 53.7%BUILDING AND IMPERVIOUS COVERAGE AREA -, 46.3%LANDSCAPE AREA • F. 4uip 14- A NOTICE OF DECISION MINOR LAND PARTITION MLP 94-0003 VARIANCE VAR 94-0001 DRENNAN - OWNER/APPLICANT APPLICATION: A request for the following develop applications: 1) Minor Land Partition approval to divide one parcel of approximately 26,136 square feet into three parcels of approximately 8,677, 8,892 and 8,605 square feet; 2) Variance approval from the normally required 15 foot rear yard setback requirement to a setback of 13.5 feet. ZONE: R-12 (Residential, 12 units per acre). LOCATION: 11455 SW Greenburg Road (WCTM 1S1 35CD, tax lot 400). APPLICABLE LAW: Community Development Code Chapters 18.54, 18.88, 18.162.040, 18.162.050, 18.164.0300 18.164.090, 18.164.100. DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED Minor Land Partition 94-0003 / Variance 94-0003 SUBJECT TO CERTAIN CONDITIONS as listed below. SECTION I - CONDITIONS OF APPROVAL: TEE FOLLOWING CONDITION SHALL BE REQUIRED PRIOR TO RECORDING TIM PLAT. 'UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE MICHAEL ANDERSON, ENGINEERING DIVISION: 1, The applicant shall provide a private sewer easements for Parcels 2 and 3 across Parcel 1, or construct a new Amin sewer connecting to the sewer in SW Greenburg Road,or an alternate sewer system as approved by the Engineering Department. 2. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor a. licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes tO (ORS 92.05), Washington County, and by the City of Tigard, CO 3. A revised site plan shall be submitted which indicates the lot area exclusive of access easements and emergency vehicle turnarounds. Staff Contact: Will D'Andrea, Planning Division (639-4171). NOTICE OP DECISION MLP 94-0003/VAR 94-0003 • DRENNAN Page 1 • S 4. A revised site plan shall be submitted showing a 30 foot access drive, to be located in such a way that demonstrates that parcel 1 will satisfy the 15 foot front yard setback. This access shall include 24 feet of pavement, curbs and a 5 foot sidewalk along one side of the drive. This plan shall also privide for an emergency vebide turn-around, to be reviewed and approved by the Planning Division. 5. The final partition map shall include a 30 foot access easment for parcels 2 and 3. 6. Screening shall be provided along the length of the east property line, adjacent to the access drive,in accordance with Sections 18.100.080 and 18.100.090. Staff Contact: Will D'Andrea. THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. Provide the Engineering Department with a recorded mylar copy of the final survey; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. • 2. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A permit is required to connect to the existing public sanitary sewer system. STAFF'CONTACT: Greg Berry,Building Division (639-4171). 3. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT: John Hagman,Engineering Department (639-4171). ta. THE FOLLOWING CONDITION SHALL BE MET PRIOR TO THE ISSUANCE OF OCCUPANCY PERMrrS: co 1. All site development improvements shall be installed as per the approved gn— revised site plan. II -auoila1. 1DINGs OF FAcir 1. Yjinit NOTICE OF DECISION MLP 94-0003/VAR 94-0003 - DRENNAN Page 2 • The subject site is located west of SW Greenburg Road,east of SW 98th Avenue and west of SW 95th Avenue. The adjacent properties are zoned R-12 (Residential, 12 units per acre). The surrounding area is residential. 2. Site Information and Proposal Description This site is approximately .59 acres in size. An existing single family house presently occupies the site. The site has access to S.W. Greenburg Road. The applicant requests a Minor Land Partition approval to divide one parceiof approximately 26,136 square feet into three parcels of approximately 8,677, 8,892 and 8,605 square feet. 3. Agency Comments The City of Tigard Building Division has reviewed this proposal and has offered the following comments: Easements shall be provided for all utilities. Buildings on the proposed parcels 2 and 3 shall convey all concentrated storm water to the public storm system in SW Greenburg Road. The Tigard Water District has reviewed this proposal and has offered the following comments: It should be required that a fire hydrant be installed on the east side of the private drive so as to provide fire protection to parcels 2 and 3. Please note that the requirement for single family residential is that all portions of the building must be within 500 feet of a fire hydrant, measured along a route accessible to fire fighting equipment. The Tualatin Valley Fire District has reviewed this proposal and has offered the following comments: Submit plans for review and approval of the access road and turnaround construction and fire hydrant location: yam. The City of Tigard Public Works Department has reviewed this proposal and has offered the following comments: co w We are concerned about where the roof drains for these houses will go,as there �+ are existing drainage problems on SW 98th Avenue that this proposed development may add to, NOTICE OF DECISION ML? 940003/VAR 94.0003 - DRENNAN Page 3 II 14 • 4110 No other comments have been received. SECTION III -FINDINGS AND CONCLUSIONS -Minor Land_Partitim Section 18,162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards(Ord. 89-06; Ord. 83-52). The proposal conforms with the City's comprehensive plan in that the newly created lots will continue to allow for residential development. This proposal therefore is not in conflict w.th the Medium Density Comprehensive Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal. Section .18162:050 contains the following special provisions for lots created through the Partition Process: A Lot Widths The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district n. B. Lot Area: The lot area shall be as required by the applicable tb zoning district. In the case of a flag lots the accessway may not be included in the lot area calculation. C. Lot Frontage: Each lot created through the partition process shall CD front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. NOTICE OF DECISION MLP 94-0003 I VAR 94-0003 - DRENNAN Page 4 D. Setbacks: Setbacks shall be as required by the applicable zoning district. E. 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. F. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the pay' d drive in ar 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. G. 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 fixe fighting capabilities. R. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. I. Accessway: Any accessway shall comply with the t,tandards set forth in Chapter 18.108, Access, Egress, and Circulation. J. 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 ble els floodplain. This area shall include portions at a for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted Fa. pedestrian/bicycle pathway plan. to Criteria A is satisfied as there is no minimum requirement r.. m um Iot width an the R-12 zone. The minimum lot size requirement in the R-12 zone is W 3,050 square feet. The lot area is defined as the total horizontal area within the lot lines of a lot exclusive of public and private roads, and access easements to other property or the privatedriveway area of a flag lot. A revised site plan shall be submitted which indicates the lot area NOTICE OF DECISION IVILP 94-0003/VAR 940003 - DRF NAN Page 5 4 exclusive of access easements and emergency vehicle turn-arounds. ?c Criteria B shall be satisfied if the revised site plan demonstrates that these lots meet the minimum requirements for duplexes,otherwise only single family residences will be allowed on these parcels. Criteria C is satisfied on parcel 1 as it has approximately 100 feet of frontage on SW Greenburg Road. Parcels 2 and 3 shall satisfy the minimum frontage requirement of 15 feet through the provision of a 30 foot access easement. Setbacks on parcels 2 and 3 shall be reviewed when it is built upon. As indicated on the revised site plan,parcel 1 is in compliance with the front and side yard setback requirements of the R-12 zone, thereby satisfying Criteria D. The applicant is requesting a variance to the rear yard setback requirement. The analysis and findings for this variance are presented in Section IV of this report. Staff recommends approval of this variance. Criteria E and F are not applicable to parcel 1 because it is not a flag lot. Criteria E will be satisfied as front yard determination on parcels 2 and 3 will be determined when it is built upon. Screening shall be provided along the length of the east property line, adjacent to the access drive, in accordance with Sections 18.100.080 and 18.100.090 thereby satisfying Criteria F. Fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria G. A reciprocal access easement and joint use and maintenance agreement shall be recorded with the approved partition map thereby satisfying Criteria H. Criteria I shall be satisfied as a revised site plan shall be submitted which shows the provision of a 30 foot access drive, to be located in such a wa'i that demonstrates that parcel 1 will satisfy the 15 foot front yard setback. This access shall include 24 feet of pavement, curbs and a 5 foot sidewalk long one side of the drive. Criteria J is not applicable as these lots are not within the floodplain. Section 18 88A10(Solar Access)states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by a. providing for improved access to sunlight for residential dwellings. (A lot meets the basic requirement if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis:) Section 18.88.040(E),however,allows the approval authority to exempt new lots from the solar access standard in certain cases,including situations where existing right-of-way prevents lots from being oriented for solar access. The existing orientation of SW Greenburg Road and the configuration of the subject site prevents the proposed NOTICE OF DECISION MLP 94-0003/VAR 94-0003 - DRENNAN Page 6 0 parcel from being orientated for solar access. Therefore, the new parcels are except from the solar access standard. Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains)have been addressed and are satisfied as specified below: i 1. Streets: The site is located on SW Greenburg Road easterly of SW 98th Avenue. SW Greenburg road is classified as a major collector and is fully developed to the • ultimate width. The proposed access to the three parcels is a private easement connecting to SW Greenburg Road at the existing driveway constructed with the street widening in 1992. The maintenance of the private access should be the joint responsibility of the three proposed properties. 2. Sanitary Sewer: The existing 8 inch public sanitary sewerline is located in SW Greenburg Road: However,the sewer may not have sufficient depth to serve Parcel 3 at the rear of the property. A new main may be required and should be the responsibility of the applicant to provide a solution acceptable to the Engineering Department. The existing downstream sewers have sufficient capacity for this development: 3. Storm Sewer: The site slopes towards the southwest across private property that drains toward SW 98th Avenue. In. the future when the property develops, the . applicant should obtain offsite drainage easements that would provide for the stormwater to drain from this site to SW 98th Avenue: IL SECTION IV. ANALYSIS AND CONCLUSION VARIANCE E t Community Development Code section 18:134,050 provides standard for granting a variance: m 1. The proposed variance will not be materially detrimental to the ILI purposes of this title, be in conflict with the policies of the Comprehensive Plan,to any other applicable policies and standards,and to other properties in the same zoning district or vicinity; NOTICE OF DECISION M.LP 94-0003 /VAR 94-0003 - DRENNAN Page_7 4111• 2. There ar... special circumstances that exist which o over which the ar to the lot size or shape, topography or other circumstances c other properties applicant has no control,and which are not applicable in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; 4. Exisiting physical and natural systems, such aslbut l ot not be imiteddeto traffic, drainage, dramatic land forms, or parks affected any more than would occur if the development were located as specified in this title; and not self-imposed and the variance reques ed is the 5, The hardship is . . minimum variance which would alleviate the hardship. applicant is requesting a variance from the minimum Criteria. 1. The required 15 foot rear yard setback requirement in the R-12 zone,to allow a rear yard setback of. 13' 6" for an existing single family home. The location of the access drive and determination of the front lot line necessitates this variance request. The Community Development Code Section 18.146(Flexible Setback Variance)allows expansions of existing homes to protrude into the rear yard up to 3 feet, for an actual setback of 12 feet. The applicants requested setback is `within what the City would allow for an expansion of a home and therefore is not in conflict + im policies or neighboring with or will.be materially detrimental to City properties. Granting of the variance will in no way impact the adjoining properties as this is an existing structure. As such,the adjacent property will notice no change in the setback area. Criteria 2; The special circumstances which exist include the lot's long, narrow shape and the location of h thee and location of theaccess drive eexist.ng house d to serim the two proposed lots. (liven the lotp ant has no other alternative for the location of the driveway. the applicant Parcel 1 is consid , . The Code allows a choice of the front lot line where the narrowest side of a lot is a minimum of 15 feet, as is t is res provide t property line J the Case withparcel 1�'- The applicant access off the hcant has chosen the e as the front lot line. The applicant p . proposed common driveway, as opposed to SW Greenberg Road. SW Greenberg Road is classified as a major collector street on the City's Comprehensive hofs TransportationM . The City encourages the limiting access points to major collector streets. The City is NOTICE OF DECISION MLP 94-0003/VARA 94-0003 - DRENNAN Page 8 Lr 41) S supportive of the applicants proposal to limit the number of driveways onto SW Greenburg Road. In choosing the east property line as the front lot line, the existing single family home does not meet the 15 foot rear yard setback requirement Criteria 3: The requested variance will in no way affect the permitted use status of the proposed single fondly and duplex residential development All other City standards will be maintained, as discussed in Section III- Analysis and Conclusions. Criteria 4: Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested. Drainage will be connected to an approved system thereby minimizing adverse effects on the natural system. Traffic will be no heavier than that allowed by the density of the zone. The impact of this variance will be limited to a slight encroachment into the required setback, but less than what is allowed by Code through a flexible setback variance. There will be no change in the actual setback of the existing home. Criteria 5: The hardship related to this variance is brought about through the limited choice of locating the access drive,the location of the existing house and the applicants cooperation in limiting the number of access drives on SW Greenburg Road. The requested variance is the minimum variance which would alleviate the hardship,since the proposal relates to an existing structure and does not require eliminating any additional setback area. Therefore, staff finds that the requested variance meets the applicable criteria and is APPROVED. SECTION V- DECISION The Planning Division hereby APPROVES Minor Land Partition MLP 94-0003 subject to the conditions listed in Section I at the beginning of this decision, th THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Notice: Notice was posted at City Hall and mailed to: au XX The applicant and owners XX Owners of record within the required distance XX The affected Citizen Involvement Team NOTICE OF DECISION MLP 94-0008/VAR 94-0003 - DRENNAN Page 9 • { • mo . • wtler .. XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON 7,-5'11/UNLESS AN APPEAL IS FILED. 3. Anneal: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 which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard,Oregon. The deadline for filing of an appeal is 3:80 p.nae I'' %-9 4. Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. Prepared by: U ` `CP,Arkn1�G- William D'Andrea Date Assistant Planner 1 SelApproved by: Dick Bewersdorff / Date Senior Planner w NOTICE OP DECISION 1VILP 94-0003 I VAR 94.0003 - DRENNAN Page 10 LEGIBIl IYY STRIP /Ill Pi7EUMINA/Y f=A rn'r �+��' PLAT / � I� OF A PORTION OF LOT 5, GREENBERG HEIGHTS, SITUATED IN THE S.E. 1/4 / r OF SECTION 35, T.15., IL 11Y_, W.U. CITY OF TIGARD, WASHINGTON COUNTY, OREGON / t 30 JANUARY 26, 1994 ," OC &HPI l J1, 5405 SW.WAG AY5VUE 111! /PO PDX 80040 IsYlRRANO ORcYAN 972 .. /Il503f028-0455ERE U R. Nr /[/JORNQ s_SiZ-43Ar / I a! $ {7 TQW:R7EF=MX MAP:15r JS CO {/k/AJI LOT 400 I E �@ TOTAL AREA:awe AG7ES u/L OWNER.NAvh1 A-LIRENNAN,JOAN NREIPPA4 JWIN N IEMAN r =ALE f-W' 11455 SW.OR@7BUhY'R+T. f t WAND.OR 97223 I I I ZONE&A-r2 II ' If - r LOT / ' Ig7111;( 111174111111 GREENBER HTS [ / 290' QO # I I 90' 93• 107'MARE 1 t POFAAS PROPOSED for LOT 3 3r NSF '�� '1 il r� ppY: /1 ; f8 - t II GREENBERG • TAX LOT 400 ///1-'1 i (.)/ � I HEIGHTS38'P` / �I .I m PARCa 3 e Ps ca 2 gill PARCEL r ,r / $,I /!II I AREy 860<SF. A 8897 SF AREA:8,477 SF_ / � 1 s f I f _ PROPOSED LOT LNE (// I I i - (V if tr I L2LM ACCESS owlet/terI I 1 90' 9r IRE== 78' 111 Qo � :. — 259- - L I t I+J • LOT 4 BOETCHER' S ADD' N. 1 i/ I LOT 2f RUTH 1. • fiIL11' I' ',1g r - i . // ff R t 1413 f 1 16 I -?;71.00 7 1 1 I