13530 SW 121ST AVENUE-1 Y Y ® Y Y Y A Y winkmAll
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CITY OF TIGARD
NOTICE OF DECISION
L.0'T LINE ADJUSTMENT M 10--95
A;IPLICAT ON: Request by William and Jean Baldwin and Richard and Sharon
Ullrich to adjL'st two parcels of 0.96 and 0.65 acres into two parcels of 0.82
and 0. 79 acres on property zoned R-4.5 (Residential, 4.5 unites/acre) and
located at 13500 and 13530 SW 121st Avenue (WCTM 2S1 3DC TL 4401 and 4500) .
DECISION: Notice is hereby given that the Planning DirEctor for the City of
Tigard has APPROVED the above described applications subject to certain
conditions. The findings and conclusions on which the Director based his
decision are as noted below.
A. FINDING OF FACT
1 . Background
A proposal for a Lot Line Adjustment/Minor Partition/Variance (M
1 -85/MI_P 5--85/V 9-85) w�i.s dF-iied by Planning Commission on June 4,
1985. A modified proposal for a lot line adjustment (M 4-85) was
approved to reduce the size of the southern parcel involved in
this application.
2. Vicinity Information
The properties to the east' on Terrace Trails Drive, one parcel on
the west side of 121st Avenue and one property immediate to th
south are within the City and are zoned R 4 .5 (Resider'A al, 4
units/acre) . The remaining parcels are within Washington County
The entire area is designated for Low Density Rvsidentiii I
developoent in the Tigard Comprehensive Plan.
Single family residences lie to the north (Wnc,dcrest Subdivision)
and east. (Ter—ace Trails) . A long, narrow parr_el, with a residence
borders the :subject property to the south.
3 . Site [nformat:ion and Proposal Descri-, t'gn
The northern parcel extends from 121st Avenue to a point 20 feet
west of Terrace Trails Drive. The sou t-iprn parcel. is vacant and
has frontage on Terrace Trails Drive .
The applicant proposes to change the configuration of the two
parcels from long and narrow to wider and shorter tracts. The
common boundary between the two parcels will be modified so tha;:
the undevvloped parcel will. include the easteri area presently
occupiod by both parcels and the northern parcel, including the
mouse, will comprise the remaining western portion.
NOTICE OF DECISION - M 10-85 -- PAGE 1
4 . 'agency and NPO Comments
The Engineering Div'is'ion has the following comments.
a. A City street opening permit is required for any work done
within the Terrace Trails right--of--way (eg. driveway, sewer
line connection) . A similar parmit is required from
Washington County on 121st Avenue.
b. An easement should be provided from Terrace Trails Drive to
the western parcel to facilitate future connection to
sanitary and/or storm sewer.
The Building Inspection Division has no objection to the proposal .
No other comments have been received .
B. ANALYSIS AND CONC_USION
The proposal is consistent with the applicable standards in the
Community Development Code for minimum lot size, access and building
setbacks . The existing par-els do not conform with a City requirement
which states that lot deptK shall, not exceed 2.5 times the width of the
lot. In addition to achieving conformance with City standards, the
resulting parcel configuration will promote better utilization and
maintenance of the property .
C. DECISION
The Planning Director approves M 10-85 subject to the following
conditions:
1. The revised legal descriptions for the two parcels shal.1 be
reviewed and approved by the Planning Director PRIOR TO
RECORDING. After approvai, the City shall record the documents
and forward a copy to the applicant .
2. A iO foot wide public utility easement shall be provided across
the eastern parcel between Tor•race Trails Drive and the western
parcel along the northern property line. (City form unclosed)
This approval is valid if exercised within one year of the final
decision date toted below.
0. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XXThe applicant 6 owners
XX Ownurs of record within + ;ie requirod distance
XX The affected Neighborhood Planning Organization
_ XX — Affecthd governmental agencies
NOTICE OF DECISION - M 10--85 - PAGE 2
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2. Final Decision:
THE DECISION SHALL. BE FINAL ON Seeetember 3, 1985 UNLESS AN APPEAL
TS FILED.
3 . Appeal:
Any party to the decision may appeal this decision in accordance
with Section 18.32.290(f) and Section 18.32.370 of :.'ie Community
Development Co.'e which provides that a written appeal must be
filed with the CITY RECORDER within 10 days after notice is given
and sFnt
The deadline for filing of an appeal is 3:00 P.M. Sept. 3, 1985 _.
4. Questions: If you have any questions, please call the City of
Tigard Planning Department., fi.gard City Hal]., 12755 SW
Ash, PO box 23397, Tigard, Oregon 97223, 639-4171 .
William A. Monahan, Director of Community Development DATE APPROVED
(KSL_:bs/i765P)
NOTICE OF DECISION M 10--85 - PAGE 3
CITY OF TIGARD
Washington C.)jnty, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1 . Concerning Case Number(s): MLP 5-85, M 1.-85, and V 9-85
2. Name of Owner: Bill & Jean Baldwin / Richard and Sharon Ullrich
3 . Mame of Applicant: SAME
Address 13500 & 13530 SW 121st Ave. City Tigard State OR Zip 97223
4 . Location of Property :
Address Same as above
Tax Map and Lot No(s) . 2S1 3CD, lots 4400, 4401, and 4500
5. Nature of Application: Request to adjust and then divide 3 parcels of 0.2.9,
0.781_and 1.02 acres into 5 _arcels of 40300; 20,800; 71800; 8,600 sg_ ft.
Also a Variance for the required pavement width and length of driveway .
b. _Action: Approval as requested
__ Approval with conditions
XX Denial
7. Notice: Notice was published in the newspaper, posted at City Hall and
mailed to:
XX Thi applicant & owners
-XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
8. Final Decision:
THE DECISION SHALL BE FINAL ON June 19, 1985
The adopted findings of fact, decision, and statement of condition can be
obtained from the Planning Department, Tigard City Hall, 12755 SW Ash,
P.O. Box 23397, Tigard, Oregon 91223 .
9. Appeal :
Any party to the decision may appeal this decision in accordance with the
procedures as applied by the Land Use Board of Appeals
The deadline for filing of an appeal is July 19, 1985
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639 4171.
(0257P)
CITY OF TIGARD
NOTICE OF DECISION
MINOR LAND PARTITION MLP 5-85
1_O1- LINE ADJUSTMENT M 1-85
VARIANCE. V 9-•85
APPLICATION: Request by Bill and Jean Baldwin and Richard and Sharon Ullrich
to adjust and then divide three parcels of 0.29, 0.78, and 1 .02 acres into
five parcels of 40,300, 20,800, 8,700, 7800, 8,600 square feet. A variance is
also requested to allow a 20 f,xrt wide driveway width where 24 feet is
required. The property is zone,i R-4.5 (Residential 4 .5 units/acre) and is
located at 1.3500 and 13530 SW 121 Ave, (Wash. Co. Tax Map 2S1 3CD, Tax Lots
4400, 4401, and 4:00) .
DECISION: Notice is hereby given that the Planning Director for the City of
Tigard has APPROVED tho above described applications subject to certain
conditions . The findings and conclu.,ions on which the Director based his
derision are ag noted below.
A. FINDING OF FACT
T . Background
The subjPct properties were annexed to the City in 1979. No other
land use actions have been reviewed by the City .
2. Vicinity Information
'The properties to the Past on Terrace Trails Drive, one parcel on
the west side of 121st Aven•je and one property immediate to the
south are within the City and are zoned R--4.5 (Residential, 4.5
units/acre) . The remaining parcels are within Washington County.
The entire area is designated for Low Density Residential
development in the Tigard Comprehensive Plan.
Single family residences lie to the north (Woodcrest Subdivision)
and east (Terrace Trails) . A long, narrow parcel with a residence
borders the subject pfoperties to the south. This southern
property was originally to be considered as part of this proposal,
but it has been deleted at the request of the applicant.
3 . Site Information and Proposal Description
The subject property contains three parcels and two residences
with driveway access onto 121st Avenue. The properties are long
and narrow and they extend from 121st Avenue to Terrace Trails
Drive. The property slopes gradually from 121st Avenue down to
Terrace Trails Drive.
NOTICE OF DECISION - MLP 5-85, M 1--85, V 9-85 - PAGE 1
The applicant proposes to adjust the configuration of the parcels
followed by a partition of the parcels. The end result will be 5
parcels of 40,300, 20,800, 8,700, 7,800, and 8,600 square feet.
The three smaller parcels are undeveloped and a private drive is
intended to provide access to Terrace Trails Drive.
A variance is also requested relating to the pavement width
requirement in the City Code. The Code requires a 30 foot wide
access strip or easement with a 24 Foot wide, paved driveway . The
applicant is proposing to install a 20 foot wide drive within a 30
foot wide easement along the northern property line.
4 . Agency and NPO Comments
The Engineering Division has the Following comments:
a. An easement will be required for the sanitary sewer- line.
b. A street opening permit will be required to gain access to
Terrace Trails Drive.
C . Parking should be restricted for 25 feet on either side of
the driveway and a stop sign should be provided.
d. A new mailbox cluster will be required.
The Building Inspection Officers has no objection to the request.
The Tualatin Rural Fire Protection District has the following comments:
a. The vertical clearance for the drive shall be a minimum of 13 .3
feet.
b. The driveway shall be at, least 20 feet wide and capable of
supporting loads up to 40,000 pounds.
C. "No Parking" signs are needed along the drivew,wy .
d . All portions of the residences shall be within 500 feet of a fir•r
hydrant.
NPO # 3 is opposed to the proposal for the following reasons :
a. Traf'ic of five Aditional houses on Terrace Trails Drive.
b. The 20 foot wide private drive will inhibit police and fisc,
district access .
C. The small area on Terrace Trails Drive that is north of the
driveway may be a maint:enan,:e problem.
Several letters have also been received in opposition to the proposal
The cnncervis related to the additional traffic, emergency access, and
dratnaqu.
NOilrE Or DECISION - MLP 5-85, M 1 85, v 9 8,) PAGE 2
B. ANALYSIS AND CONCLUSION
The review of this proposal is sub iect to the applicable policies in the
Tigard Comprehensive Plan and the relevant sections in the Community
Development Code. The criteria relevant to the lot line
adjustment/partition are Plan policies 2. 1 . 1, 6.3 . 1, 6.3 . 2, 6.3 .3,
7. 1. .2, 7.4.4, and 8 . 1 .3 , and Community Development Code Chapter 19 .50
and Sections 18.96.080, 18.96.090, 18. 162,030. and 18 . 162.060.
The Planning staff concludes that the proposal is consistent with the
applicable portions of the Comprehensive Plan based upon he following
findings:
a. Policy 2. 1 . 1 . is satisfied because the Neighborhood Planning
Organization was given an opportunity to comment and surrounding
property owners will be informed of the proposal.
b. Policy 6.3 . 1 „ 6. 3 ,2 and 6.3 .3 are satisfied because the proposed
lot line adjustment/parti.tion is virtually the same as the
development in the area. Nearby lots are 7,500 to over 10,000
square feet in siie and the lots proposed are all in excess of
7,800 square feet. Also, detached single family residences are
proposed for the undeveloped lots .
c . Policy 7. 1.2 is met because the Engineering Division has reviewed
the application and has found that adequate water, sanitary sewer,
and storm sewer facilities are available.
d. Policy 7.4 .4 is met because the development will be required to
connect with the public sewer system.
C. Polic; 8. 1.3 is sati.sfied because the driveway access can be
established in a manner that is consistent with City requirements
for sight distance, public improvements, and safe access onto
Terrace Trails Drive.
The Planning staff concludes that the proposal is consistent with the
applicable portions of the Community Development Code based upon the
following findings:
a. Chapter 18.50 is satisfied because the proposal meets the minimum
lot size (7,500 square feet) and dimensional requirements of the
R--4.5 zone.
b. Section 18 .96.080 is sati-tfied because the proposed lots are of
sufficient size without including the land devoted to the common
drivewp4 .
c . Sect; n ;8.96.090 is satisfied because adequate lot width is
proposal to meet the 10 foot side yard requirement for houses on
I "flag lots" .
NOTICE OF DECISION - MLP 5-85, M 1-85, V 9-85 - PAGE 3
d. Section 18. 162.030 and 18. 16,060 relating to partitions and lot
line adjustments are met because the proposal complies with all
applicable City requirements.
The relevant criteria for the variance request are Comprehensive Plan
policy 7.5.2 and Section 18. 13 .040 of the Community Development Code.
The Planning staff concludes that the variance proposal is consistent
with Policy 7.5.2 because the proposed driveway width of 20 feet
complies with fire code standards and the Tualatin Rural Fire Protection
District has no objection provided that the conditions noted above are
Met.
The Planning staff concludes that the variance is consistent with the
approval. criteria noted in Section 18. 134 .050 of the Code based upon the
following findings:
a. The purpose of the minimum driveway width standard is primarily to
provide adequate access for emergency vehicles . The fire district
has indicated that the proposed width reduction to 20 feet will he
acceptable.
b. The 24 foot width requirement for driveways also applies to
multi—family and commercial development which generate many times
the vehicular traffic that will result from this proposal. A
small reduction in width that still allows for proper emergency
access is appropriate.
C . The proposed lots and single family residences are permitted and
except for the four foot reduction in driveway width, all other
City standards will be met.
d. The variance will have significant impact upon physical or natural
systems . to a small. extent the proposal will reduce the amount of
water runoff.
e. The proposed variance is minimal and will relieve the applicant of
the expense of providing additional pavement that is unnecessary
in this instance.
Two remaining issues noted by NPU H 3 relating to traffic impact and
yard maintenance are not specifically addressed in the Comprehensive
Plan or the Community Development Code. The driveway is proposed to
enter on Terrace Trails Drive rather than 1.21st Avenue because adequate
space does riot exist between the existing buildings and property lines .
Also, due to minor sight distance constraints along this section of
121st Avenue, a driveway at this location (if it was possible) would not
be ideal.
NOTICE OF DECISION - MLP 5-85, M 1-85, V 9-85 -- PACE 4
9. The partition survey, legal description and easement description
shall be submitted to the Planning Director for review and
approval. THE CITY SHALL RECORD THESE DOCUMENT 4 fER T14EY ARE
APPROVED FIND A COPY SHALL BE FORWARDED TO THE APPLICANT.
10. This approval is valid if exercised within one year of the final
decision date noted below.
D. PROCEDURE
1 . Notice: Notice was published in the newspaper, posted at City
Hall and mailed to:
XX _ The applicant & owners
_XX Owners of record within the required distance
_ XX The affected Neighborhood Planning Organization
_._XX _ Affected governmental agencies
2. Final Decision:
THE DECISION SHALL BE FINAL ON May 6, 1985 _ UNLESS AN APPEAL_
IS FILED.
3 . Appeal_:
Any party to the decision may appeal this decision in accordance
with Section 18.32. 290(A) and Section 19.32.370 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.
The deadline for filing of an appeal is 5:00 P.M. May 6_,_, 1985
4 . Questions: If you have any questions, please call the City of
Tigard Planning Department, Tigard City Hall, 12755 SW
Ash, 'JO Box 23397, Tigard, Oregon 97223, 639-4171.
William A. Monahan, Director of Planning & Development DATE AP tOVEC
(KSI :dmj/1295)
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NOTICE OF DECISION - MLP 5-85, M 1-85, V 9-85 - PAGE 6
-0
Terrace Trails Drive is a local street that serves 36 lots. The
additional three lots from this proposal will represent a traffic
increase of less than 10%. The proposed lot configuration would provide
the potential for a maximum of two additional lots for a total of five
lots. Even if this possibility materializes (partition approval would
be required), the incroase in traffic would be less than lei%. This
small increase would not result in traffic volumes that are
inappropriate for a local street.
The maintenance of the area on the north side of the proposed driveway
will be the responsibility of the lot owner. Considering the current
situation, it appears that a homeowner nearby will only improve present
conditions .
C. DECISION
The Planning Director approve M 1--85, MLP 5--85, and V 9-85 subject to
the following conditions:
, . UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
RECORDING THE PARTITION.
2. Seven (7) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a registered Civil Engineer, detailing all proposed public
improvements shall be submitted to the City's Engineering Section
for approval .
3 . Sanitary sewer plan--profile details shall be provided as part of
the public improvement. plans .
4. Construction of proposed public improvements shall not commence
until after the Engineering Sect:ion has issued approved public
improvement. plans. The Section will require posting of a 100%
performance bond, the payment of a permit fee and street light
fee. Also, the execution of a street opening permit shall occur
prior to, or concurrently with the issuance of approved public
improvements plans . SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC_
INFORMATION REGARDING FE£ SCHEDULES, BONDING AND AGREEMENTS.
5. Parking restrictions shali be postad as required by the City and
Tualatin Rural Fire Protection District.
6 The access drive and turn around shall meet Tualatin Rural Fire
Protection District standards.
Y A new mailbox cluster shall be provided in a location approved by
the City Engineer.
8 . The "basis of bearings" for the Plat or Survey shall be C:uu,d y
Survey 19,947, which is a part of the Tigard Field qvz,:y Network .
NOTICE OF DECISION - MLP 5-85, M 1-85, V 9-85 - PAGE 5
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BUILDING PERMIT APPLICATION `"o Y TIGARD DATE_ __"/23/
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THE UNDERSIGNED HEREBY APPLIES FOR APERMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE_
OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNERPHONF
• LOT No. -
OWNER I. 1181Gwi JOB ADDRESSI.'. + } h4:.1 41i C. __ HOME ADDRESS
ARCHITECT
ENGINEER
BUILDER I'F'jG: ADDRESS DESIGNER_
STRUCTURE ❑NEW ❑REMODEL .ADDITION ❑REPAIR ❑RENEWAL ❑FIRE DAMAGE []DEMOLITION
C3 RESIDENCE ❑COMM ❑EDUCATIONAL ❑GOV'T ❑RELIGIOUS❑PATIO ❑CAR PORT ❑GARAGE ❑STORAGE❑SLAB ❑FENCE
❑BOND ❑MOVING ❑CONDITIONAL USE _❑DESIGN REVIEW ❑COUNCIL APPROVED ❑SIGNS
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BUILDING DEPARTMENT SET BACKS FRONT 75 REAR :.EFT SIDE 1 �) RIGHT SIDE
Permit 4.Od --- ----
THIS PERMIT IS ISSUED SU13JFCT TO THE REGULATIONS CONTA, .uU IN THE BUILDING CODE, ZONING
Plan Check HEGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE
WORK WILL BE DONE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IN COMPLIANCE WITH
SUb-total ,3�1•�Q ALL APPLICABLE CODES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE
RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS
State Tax Q' LICENSE. SEPARATE PERMITS REQUIRED FOR SEWER, PLUMBING AND HEATING.
Total p
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By
1 35770 APPLICANT OR AGENT
Approved Ilya ilii No.
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DATE INSP. TYPE INSPECTION REMARKS — I —PLUMBING DATE
Contractor
--- Permit No.
Rough-in
-- — �— Fixture
Final
_— -- — - - - HEATING
Contractor
��- Permit No.
Gas or Oil
-- --- - - Rough-in
----- ---- - Final
SEWER
--� Final
--- - DRIVEWAY
Final
StorPin Drainage
- —
(Rain Drain)Final
Sidewalk
Curb&Street Final
_± Approach _
BLDG. DEPT. FINAL TEMPORARY CERTIFICATE OCCUPANCY Pinel
CERTIFICATE OCCUPANCY �---- -'
Landscaping
zoning Final
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CITY -f1GARD DATE—4- sT2')..-._._. 191'
BUILDING PERMIT APPLICATION of
THE UNDERSIGNED HEREBY APPLIES FOR Af`_RMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE__--.,
PANYING PLANS ANI) SPECIFICATIONS pY1NER
OR AS SHOWN AND APPROVED IN THE ACCOMrNorl�l�N'/0.�.
l� -6"LOT NO Zg�_ C
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BUIL0iNrj DEPARTMENT I BACKS FRONT _7r nEAR LEFT SIDE Ii RIGHT SIDE
pfTlt �4r VO
IS PERMIT IS ISSUED SUBJECT f0 THE REGULATIONS CONTAINED IN THE BUILOINC rOIJE l7NIh
[Pl'
anlCheck «.. :4GULATIONS AND ALL APPLICABLE C'UDES AND ORDINANCES. AND IT IS HEWESY AGRE!0 IT t
- -- )RK WILL BE DONE IN ACCURDANC'.E WITH THE PLANS AND SPECIFICATIONS AND IN COK+OLIaN�%E Y,
SJ7101aI L APPLICABLE CODES AND OROINANCES. THE ISSUANCE OF THIS PERMIT 01'1:S NOT Y:
--' — - --• -- --- STRICTIVF COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURP ENT CITY 9'-"
State Tax .ENSE, SEPARATE PERMITS REQUIRED FOR SEWER. PLUMBING AND HEATING
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SEWER INSPECTION _
SEWER SURCHARGE --
Comments : __ - ---- ---