HomeMy WebLinkAboutD_Principles_Acceptability_Canopy_LLA_LUA22000097_220518.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Principles of Acceptability of Lot Line Adjustment
M E M O R A N D U M
DATE:May 18, 2022
TO:Official File / LUA22-000097
Canopy PUD Lot Line Adjustment
FROM:Matt Herrera, Current Planning Manager
SUBJECT:Principles of Acceptability of a Lot Line Adjustment
Section 4-7-060B, lists 4 principles of acceptability that the Administrator or designee considers,
along with all other relevant information, when making a decision on a Lot Line Adjustment
application. A lot line adjustment shall be consistent with the following principles of
acceptability:
Check the appropriate box and give analysis, if necessary:
Correcting: Adjust lot lines including the elimination of a common lot line in order to
correct property line or setback encroachments;
Staff Analysis: The proposed Lot Line Adjustment (LLA) would remove the
encroachments associated with the single-family home structure located at 4006 Lincoln
Ave NE that currently exist on a portion of the Canopy subdivision property at 2020 NE
40th St. A condition of the Hearing Examiner decision required the applicant to rectify
the encroachment prior to recording the plat. The Canopy applicant and the property
owner at 4006 Lincoln Ave NE have agreed on a LLA to remove the encroachment. The
LLA would result in the home no longer encroaching over the property line and into the
Canopy property. The existing structure would then be nonconforming to sideyard
setback requirements of five feet, however the LLA would correct a property line
encroachment thereby decreasing the nonconforming nature of the structure.
Improving: Create better lot design, or improve access;
Staff Analysis: The LLA would result in a lot that would not have structure encroaching
onto the abutting lot. The proposed LLA does not affect the lot’s access from NE 40th
Street.
Note to LLA file
Page 2 of 3
May 17, 2022
Principles of Acceptability of Lot Line Adjustment
Approval Criteria:
a. An additional lot, parcel or tract shall not be created; and
Staff Analysis: No new lot, parcel, or tract would be created.
b. The subject lots, parcels or tracts are within the same zoning district; and
Staff Analysis: Both lots are zoned Residential-8.
c. The proposed adjustments shall not cause the lots, parcels or tracts to increase the
nonconformity with respect to applicable zoning (see RMC 4-2), subdivision and
other code requirements pertaining to lot design, building location, and
development standards; and
Staff Analysis: The LLA would result in decreasing the nonconformity by removing
the encroachment of the existing house on 4006 Lincoln Ave NE onto the abutting
parcel at 2020 NE 40th St.
d. The adjusted lot line(s) is shared by the subject lots.
Staff Analysis: The subject properties are abutting.
Non-Evasive: Lot line adjustments shall not serve to eliminate or circumvent any state
or local requirements, including but not limited to frontage improvements, payment of
fee-in-lieu, payment of latecomer fees or the installation of required infrastructure.
a. Assessment of fees, right-of-way dedication and frontage improvements for the
entire length of the property line(s) bordering rights-of-way may be required as a
condition of approval for a lot line adjustment.
b. Lots, parcels or tracts that are increased in area by lot line adjustments shall not be
permitted to be subdivided for five (5) years following the date upon which the lot
line adjustment is recorded or three (3) years following the approval of a lot line
adjustment, whichever is longer, unless the following is met:
I. The subdivision application includes all lots, parcels and tracts involved in the
lot line adjustment in the overall subdivision; or
II. All required infrastructure, including but not limited to frontage
improvements, required infrastructure and utility lines are constructed along
the frontage of all lots included in the lot line adjustment. (Ord. 5728, 10-20-
2014)
Note to LLA file
Page 3 of 3
May 17, 2022
Principles of Acceptability of Lot Line Adjustment
Staff Analysis: The applicant is required to construct an alley abutting the eastern
property line of 4006 Lincoln Ave NE. The applicant is also required to construct
frontage improvements along NE 40th Street abutting the Canopy site and the
4006 Lincoln Ave NE property. These improvements are requirements of the
preliminary Planned Urban Development and preliminary plat decisions.