ARU2016-00003 NOTICE OF TYPE I DECISION
ACCESSORY RESIDENTIAL UNIT ARU2016-00003 ■
DEBIEN ACCESSORY RESIDENTIAL UNIT
120 DAYS = March 15,2017
SECTION I. APPLICATION SUMMARY
FILE NAME: DEBIEN ACCESSORY RESIDENTIAL UNIT
CASE NO.: Accessory Residential Unit(ARU) ARU2016-00003
PROPOSAL: The applicant requests approval for an existing 768-square-foot accessory
residential unit within a detached, single-family home located at 12438 SW Aspen
Ridge Drive. Off-street parking is currently provided for both the primary and
accessory residential units.
APPLICANT: Michael Debien
12438 SW Aspen Ridge Drive
Tigard,OR 97224
OWNER: Same as applicant
LOCATION: 12438 SW Aspen Ridge Drive;WCTM 2S11013C,Tax Lot 8000
COMPREHENSIVE
PLAN
DESIGNATION: R-7: Medium-Density Residential.
ZONING
DESIGNATION: R-7: Medium-Density Residential District.The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with
or without accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes,at a minimum lot size of 10,000 square feet. Mobile home parks
and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.710.020
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ARU2015-00003 DEBIEN ACCESSORY RESIDENTIAL UNIT Page 1 of 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel was originally approved as Lot 51 of the Thornwood Subdivision, and is located on
west side of SW Aspen Ridge Drive, south of SW Bull Mountain Road and north of SW Beef Bend
Road. The property is currently occupied by a 3,045-square-foot detached, single-family home, with a
two-car garage and paved driveway. The site is zoned R-7 (Medium Density Residential), as are
surrounding properties.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.710 ACCESSORY RESIDENTIAL UNITS
18.710.020 Standards
A. Location. As noted in the use tables (18.510.1 and 18.520.1), accessory residential units are
permitted as limited uses in all zones where detached, single-family dwelling units are
permitted.
The site is located within the R-7 zone, where detached single family dwellings are permitted.
Therefore,an accessory residential unit is permitted on this property. This standard is met.
B. Limitations. An accessory residential unit is permitted providing there is compliance with
all of the following standards:
1. An accessory residential unit may be created within or as an addition to a detached single
family dwelling. For the purposes of this chapter, "addition" means the sharing of a common
wall with the primary residence.A garage may not be converted to an accessory residential unit
unless it is rebuilt as part of the primary structure;
The existing accessory residential unit is located within a detached, single-family dwelling. This standard
is met.
2. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a
maximum of 800 square feet;
The existing accessory residential unit occupies 768 square feet of the primary unit, which measures
3,045 square feet in size. Accordingly, the accessory residential unit is approximately 25% of the size of
the primary unit. Therefore, the accessory residential unit is less than 50% of the size of the primary
unit,and is below the 800-square-foot maximum.This standard is met.
3. The number of residents permitted to inhabit the accessory residential unit is regulated by
the State Building Code;
The applicant proposes two permanent residents in the accessory residential unit, which meets State
Building Code regulations.This standard is met.
4. Either the primary or accessory residential unit must be owner-occupied;
The applicant owns and presently occupies the primary residence, and will continue to do so. This
standard is met.
5. A primary residence in which an accessory residential unit has been created may have only
one home occupation;
City records for this property show no current home occupation permits on file. This standard is met.
ARU2015-00003 DEBIEN ACCESSORY RESIDENTIAL UNIT Page 2 of 3
6. In addition to the number of parldng spaces required for the primary residence, as
established in Chapter 18.765, one parking space shall be provided for the accessory residential
unit. This parking space shall be paved and/or covered;
The minimum required off-street parking for the primary residence is one parking space. The accessory
residential unit is also required to have one parking space. There is a currently a two-car garage and
paved driveway on the property, which will provide adequate parking for both the primary and
accessory residential units.This standard is met.
7. The front door of the accessory residential unit shall not be located on the front facade of the
primary unit unless the door is already existing;
The front door of the accessory residential unit is located on the southwest facade,while the front door
of the primary residential unit is located on the northeast facade.This standard is met.
8. There shall be compliance with all development standards established in the base zone.
Staff conducted a search of city records and identified an approved site plan for the original detached,
single-family dwelling and attached garage (Permit No. MST2003-00403). The accessory residential unit
is located within the building footprint of the existing home; accordingly, staff finds that both the
primary and accessory residential units meet all development standards for the R-7 zone. This standard
is met.
FINDING: Staff finds the proposed accessory residential unit meets all applicable standards of the
City of Tigard Community Development Code.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
An Accessory Residential Unit is a Type I procedure. As such, the Director's decision is final on the
date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision
may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON NOVEMBER 21, 2016
AND BECOMES EFFECTIVE ON NOVEMBER 22, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSaa,tigard-or.gov.
November 21,2016
APPROVED BY: Lina Smith
Assistant Planner
ARU2015-00003 DEBIEN ACCESSORY RESIDENTIAL UNIT Page 3 of 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard NOV 15 2016
C COMMUNITY DEVELOPMENT DEPARTMENT
TY r/�RU
Accessory Residential Unit — Typ N IN ppll" on
PROPOSAL SUMMARY
The owners of record of the subject property request,an
Accessory Residential Unit as described:
REQUIRED SUBMITTAL
Primary unit area: �c,J Z � 1 Z square feet ELEMENTS
Accessory Residential unit area: 70 square feet
Owner's Signature/Written
An accessory residential unit may not exceed 50 percent of the size of the Authorization
primary unit,up to a maximum of 800 square feet. [ itle Transfer Instrument or Deed
AccessoryUnit will be: \Within primary An addition �F" �n(2 copies) r (C-n
9 p ❑ P
t reduced 8'/z"x 11")
Owner will occupy: � Priman_-unit �Accessorr�unit
Narrative(2 copies)address criteria
Total number of off-street parking spaces (mini one for each iulit): l\` 18.710.020
n Ci
Property address/location: � Z.4 3� Su, -/`tSQ1/ t�J�� application Fee
T(A CX rQ
Tax map and tax lot #: �1 oaQ6 r)
Case No.(s):_22=
Comprehensive plan/zone designation:_ea Related Case No.(s):
Site size: /a QCI,-*�'(` Application Fee:
Application Accepted:
APPLICANT- By: LC- Date:
) l)
Name: l Application Determined Comp
lete-
Address: i Z 3 W L.e n �'� By: Z Date:
Cit)/state: Zip: Z 1ACMPLN\M4ftnUMdUse sppk h. rMmVu/zms
Phone:0-I a)7,A 55 Z)
PROPERTY OWNER/DEED HOLDER(S)* C4 me as Applicant
Name:
Address:
City/state: Zip:
Phone: Email:
When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this
application in the space provided on the back of this form or submit a written authorization with this application.
Cityof Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 Page 1 of 2
THE APPLICANTS) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject proper
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
M
ES of applicant and each owner of the subject property required. �V 17/2jaf
� 4�� 110�' R
Applicants signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION
City of Tigard • 13125 S1,'Ha11 Blvd. • Tigard,Oregon 97223 • wwwtigard-or.goc • 303-718-2421 • Page 2 of 2
Washington County,Oregon 2016`006981
02/01/2016 11:54:41 AM
D-MST Cnt=2 Stn=9 D MOON
$10.00$5,00$5.00$11.00$20.00-Total=$51.00
Recording Requested By: RECEIVED
Cenlar FSB
02127820201600069810020021
N O V 15 2016 I,Richard Hobernicht,Director of Assessment and
When Recorded Return To:
Taxation and Ex-Ofnclo County Clerk for Washington
County,Oregon,do herebycertify that the within
CITY OF TIGARD instrument of writing was received e d n orded In the;
MICHAEL DEBIEN book of recordsofsaldcou(pJ�x
12438 SW ASPEN RIDGE DRIVE PLANNING/ENGINEERING Richard Hobernicht,Director ofAssessmentand
TIGARD, OR 97224 Taxation,Ex-OfficloCounty Clerk
11111111111111 IN
SUBSTITUTION OF TRUSTEE&DEED OF RECONVEYANCE
Cenlar FSB#:0061871315"DEBIEN" Lender ID:N59/768/0213306683 Washington, Oregon
MIN#: 100853701004076104 SIS#: 1-888-679-6377
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR LOANDEPOT.COM, LLC, ITS
SUCCESSORS AND ASSIGNS is the present beneficiary of that certain Deed of Trust, Dated: 08/15/2014 made by
MICHAEL DEBIEN,A MARRIED MAN,AS HIS SOLE AND SEPARATE ESTATE as the original Grantor(s),to
CHRISTOPHER C. DOOR,ATTORNEY AT LAW, as the original Trustee,for the benefit of MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR LOANDEPOT.COM, LLC, ITS SUCCESSORS
AND ASSIGNS , as the original beneficiary,which Deed of Trust was recorded on 08/26/2014 as Instrument No.:
2014-053660 , in the official records of Washington County, Oregon
Property Address: 12438 SWASPEN RIDGE DRIVE,TIGARD, OR 97224
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR LOANDEPOT.COM, LLC, ITS
SUCCESSORS AND ASSIGNS HEREBY SUBSTITUTES DONALD DARTT,Trustee in lieu of the above named
Trustee under said Deed of Trust.
DONALD DARTT hereby accepts said appointments as Trustee under said Deed of Trust and, as Successor
Trustee, pursuant to the request of said present Beneficiary and in accordance with the provisions of said Deed of
Trust does hereby reconvey,without any covenant or warranty express or implied,to the person or persons legally
entitled thereto,all of the estate held by the undersigned under said Deed of Trust.
IN WITNESS WHEREOF, the present beneficiary and DONALD DARTT have caused these presents to be executed
by their duly authorized officers on the dates below written.
MORTGAGE ELECTRONIC REGISTRATION By DONALD DARTT as Trustee
SYSTEMS INC AS NOMINEE FOR
LOANDE COM, LLC, ITS
SUCCES ORSiAND AS
On Ja 21 016 On 0 /2 6
By: By. bo��
DIANE ANTINE,Assistant-- DONAL TT ,ATTORNEY AT LAW
Secretary
STATE OF New Jersey
COUNTY OF Mercer
On January 21 st,2016, before me,TERESA IRENE ABERS, a Notary Public in and for Mercer in the State of New
Jersey, personally appeared DIANE M CONSTANTINE,Assistant Secretary, personally known to me (or proved to
me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and
that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my tgnd and off1h,ial seal, TERESA IRENE ABERS
NOTARY PUBLIC-STATE OF NEW JERSEY
MY COMMISSION EXPIRES
TERESA IRENE ABEM APRIL 27,2020
Notary Expires: 04/27/2020 #2177340
(This area for notarial seal)
'TAT"TATCENJ'01/21/2016 09:47:10 AM'CENJOICENJ000o000000000000775569'ORWASHI'0061871315 ORSTATE TRUST_SUB -rAT'TATCENJ'
SUBSTITUTION OF TRUSTEE & DEED OF RECONVEYANCE Page 2 of 2
STATE OF Oregon
COUNTY OF Multnomah
On 01/28/2016 before me, Beth Louise Berg a Notary Public in and for
Multnomah in the State of Oregon , personally appeared
DONALD DARTT , ATTORNEY AT LAW, personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument.
WITNESS my hand and official seal,
.
Notary Expires:
(This area for notarial seal)
OFFICIAL STAMP
BETH LOUISE BERG
Y�I NOTARY PUBLIC-OREGON
COMMISSION NO.940895
MY COMMISSION EXPIRES JULY 15,2019
'TAT'TATCENJ'0112112016 09:47:11 AM'CENJ0ICENJ0000000000000000775569'ORWASHI'0061871315 ORSTATE TRUST_SUB 'TAT'TATCENJ'
i
DON • MORISSETTE OBE : 2928
4230 0kLITO0a 8TnIss0 8Uiii 100 LOT: 51
L & = s 08w1G0• 022G0x a 7 0 a 5 DATE: 07/27/2003
(603) 387 - 7538 s ♦ z (503) 387 - 7815
PROPERTY: THORNAOOD
CITY: TIGARD
SCALE: 1"=20'
PLAN No.: 184
Approval for 768-square-foot accessory STANDARD ELEVATION
residential unit located inside existing home.
No change to existing building footprint. a
CITY OF TIGARD �•e ya•m'
Approved IjIY Planning
Date:
Initials: LS Qs 4r
9 e
O
V,
Y Y� �p i'.4�T• •� V
Av'
.W' � ' 1, ''� � •451
1� a ;;,•�:ap � .,
v c4 Br ' ..46o•i••,.�..
s 432
' O i
416 04)3
4 bdM.
..
3t,2 ba e
FF-E. 45 '
449'
4
�1 aZ
413' I
LEC:END LOT COVEP-AdsE
LOT AREA: 5,OOC 5G. =-. LOT 051
2UILDING AREA: 2432 50. FT.
O —STREET PERCENTAGE: 48.6% DOW5q" ft.
RECORDEEDDPLATT P
FOR SIZES AND 'YPES
Primary Residence
CITY 0F TIGARD
Primary Residence Approved b Planning
Date: 6? 1
Initials: L-S
Side View
Proposed Accessory
Residential Unit
-- RECEIVED
NOV 15 2016
CITY OF TIGARD
Storage PLANNING/ENGINEERING
Pian Co l P,,9, (
9'-911
16'-8" --
Bathroom
Kitchen =
--- ------ 279 SQ FT 97 SQ FT
BO
1OfSQ FT fice CI FFY OTIGAR®
zo
Approved by Planning
Date:
Initials: �S
10'-10"
2'-6" - �c
M
Q1
i
Bedroom in
233 SQ FT
U?
Office 124 SQ FT Q,
Kitchen 279 SQ FT
Bathroom 97 SQ FT
Bedroom 233 SQ FT 16'-9"
Total 733
baa C- P 0,r\ �oP� PaG�P2
Narrative for accessory residential unit @ 12438 SW Aspen Ridge Drive
18.710.010 Purpose RECEIVED
6. Provide needed space for returning adult child. NOV 15 2016
CITY OF TIGARD
PLANNING/ENGINEERING
18.710.020 Standards
1. The proposed ARU is within our main residence.
2. The total square footage of the proposed ARU is 733 SQ FT
3. The proposed ARU is intended to house 2 persons (I don't know what the state building code
says.
4. The primary unit is owner occupied
5. We do not have any home occupation.
6. We have a total of 4 off street parking ( 2 in the garage and 2 in the driveway)
7. The Front door for the proposed ARU is on the back of the house
8. We have our mechanical permit pulled and will schedule inspection in late November.
Regards,
Michael Debien
CQ y