ADU2020-00020 NOTICE OF TYPE I DECISION
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ACCESSORY DWELLING UNIT ADU2020-00020 p
GATHERING ACCESSORY DWELLING UNIT
120 DAYS = February 16, 2021
SECTION I. APPLICATION SUMMARY
FILE NAME: GATHERING ACCESSORY DWELLING UNIT
CASE NO.: Accessory Dwelling Unit(ADU) ADU2020-00020
PROPOSAL: The applicant proposes to convert 350 square feet of an existing single detached
house into an attached accessory dwelling unit(ADq.
APPLICANT: Polyphon Architecture&Design,LLC
Attn: Schuyler Smith
4103 NE Tillamook Street
Portland, OR 97212
OWNERS: Klarissa Oh and Graham Reside
11065 SW 79'h Avenue
Tigard, OR 97223
LOCATION: 11065 SW 79''Avenue;WCTM 1S136CA,Tax Lot 2500
BASE ZONE: R-4.5: Low-Density Residential Zone
APPLICABLE
REVIEW
CRITERIA: Community Development Code (CDC)Chapter 18.220
SECTION H. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request,subject to a condition of approval.The findings and conclusions on which
the decision is based are noted in Section IV.
ADU2020-00020 GATHERING ACCLSSORY DWELLING UNIT' I
CONDITION OF APPROVAL
THE FOLLOWING CONDITION MUST BE SATISFIED:
Unless noted otherwise, the staff contact is Lina Smith, Assistant Planner; (503) 718-2438 or
LinaCSk igard-or.gov.
1. Prior to building permit submittal, the applicant must apply for and obtain a new address for the
approved ADU.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property (11065 SW 79'Avenue;WCTM 1S136CA,Tax Lot 2500)is located on the west side
of SW 79''Avenue,north of SW Pfaffle Street, and south of SW Spruce Street. The property is currently
occupied by an existing single detached house, with a paved driveway and associated landscaping. The
property is zoned Low-Density Residential(R-4.5),as are surrounding properties.The applicant proposes
to convert 350 square feet of the existing home into an attached ADU. The applicant also proposes a
1,505-square-foot residential addition on the rear of the existing home.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.220 Accessory Dwelling Units:
18.220.040 Approval Criteria
The approval authority will approve or approve with conditions an accessory dwelling unit
application when all of the standards in Section 18.220.050 are met.
18.220.050 Standards
A. Number of dwelling units.
1. A maximum of 2 accessory dwelling units are allowed per single detached house.
The property contains one (1) existing single detached house, and the applicant proposes just one (1)
attached ADU.This standard is met.
2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house.
A second accessory dwelling unit must be attached to the primary dwelling unit.
The applicant is not proposing a detached ADU at this time. This standard does not apply.
B. Size.
1. The maximum size of a detached accessory dwelling unit is 800 square feet.
The applicant is not proposing a detached ADU at this time. This standard does not apply.
2. The square footage of each attached accessory dwelling unit may not exceed the square
footage of the primary dwelling unit.
The applicant proposes to convert a portion of the existing single detached house into an attached ADU.
The applicant also proposes a residential addition on the rear of the existing home. This proposal
complies with the standard outlined above because the attached ADU will be 350 square feet in size,and
the primary dwelling unit will be 2,595 square feet in size after the proposed residential addition. This
standard is met.
ADU2020-00020 GATHERING ACCESSORY DWELLING UNIT 2
C. Height.
1. The maximum height of a detached accessory dwelling unit is 25 feet.
The applicant is not proposing a detached ADU at this time. This standard does not apply.
2. A structure containing an attached accessory dwelling unit may not exceed the
maximum height for a single detached house in the base zone.
The subject property is located in the R-4.5 Zone, and the maximum height for a single detached house
in this zone is 30 feet. The proposal is to convert a portion of the existing home into an attached ADU,
and the height of the existing structure (which the applicant states currently complies with the maximum
height) will not be modified. Additionally, staff will review the applicant's elevation drawings at the time
of building permit submittal to confirm that the attached ADU and the proposed residential addition on
the rear of the home comply with the maximum height. This standard is met.
D. Setbacks.Accessory dwelling units must meet the setback standards for a single detached house
in the base zone, with the exception that a detached accessory dwelling unit may be located
within 5 feet of the rear property line if the accessory dwelling unit is 15 feet or less in height.
The subject property is located R-4.5 Zone,and is subject to the following setbacks: 20 feet for the front, 5
feet for the sides,and 15 feet for the rear.Staff reviewed the applicant's site plan to confirm that the primary
dwelling unit,the proposed ADU, and the proposed residential addition on the rear of the home comply
with these setbacks.This standard is met.
E. Lot coverage. Accessory dwelling units must meet the lot coverage standards for a single
detached house in the base zone.
The property is located in the R-4.5 Zone,and there is no lot coverage standard for this zone.This standard
does not apply.
F. Entrances. Only one attached accessory dwelling unit may have an entrance on the facade
facing the front property line.The entrance to a second attached accessory dwelling unit must
be oriented to a side,street side,or rear lot line.
The applicant is proposing only one (1) attached ADU at this time. This standard does not apply.
G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory
dwelling units.
City records for this property show no current home occupation permits on file.This standard is met.
H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to
existing accessory structures such as garages, subject to the maximum square footage and
height restrictions for each, as measured using the method provided in Section 18.40.130.
The applicant is not proposing to create an ADU in an accessory structure.This standard does not apply.
CONCLUSION: This proposal is to convert a portion of an existing single detached house into an
attached ADU,and is in compliance with the applicable requirements of this Title.
ADU2020-00020 GATHERING ACCESSORY DWELLING: UNIT 3
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
An accessory dwelling unit application is processed through a Type I procedure.As such, this decision is
final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever
occurs first. This decision is not appealable locally, and is the final decision of the City.
THIS DECISION IS FINAL ON OCTOBER 20, 20203
AND BECOMES EFFECTIVE ON OCTOBER 21, 2020.
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS&tieard-or.gov.
October 20,2020
APPROVED BY: Lina Smith,Assistant Planner
Community Development Director's Designee
ADU2020-00020 GATHERING ACCESSORY DWELLING UNIT 4
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City of Tigard CaseDDA2�
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p COMMUNITY DEVELOPMENT DEPARTMENT
Master Land Use Application
LAND USE APPLICATION TYPE
X Accessory Dwelling Unit(ADU) O Modification: O Type I O Type II
Q Adjustment ❑ Planned Development:
❑ Annexation O Consolidated Plan
O Comprehensive Plan Map Amendment O Concept Plan
O Conditional Use O Detailed Plan
❑ Downtown Development Review: O Sensitive Lands Review:
O Type I O Type II O Type I O Type II O Type III
O Adjustment O Site Development Review: O Type I O Type II
❑ Home Occupation—Type II O Subdivision
O Land Partition O Temporary Use Permit
O Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan:
O Marijuana Facility Permit O Modification O Discretionary Review
Q Miscellaneous: O Zoning Map Amendment
O Type II O Type III
PROJECT INFORMATION
Project name: GATHERING ADU
Brief description of project:
A NEW 350 SF ATTACHED STUDIO ADU WITH ONE BATHROOM WILL BE CARVED OFF THE SOUTH SIDE OF THE HOUSE WHERE TWO
BEDROOMS AND A BATHROOM WERE PREVIOUSLY LOCATED.A NEW 1-HR FIRE SEPARATION WALL WILL BE ADDED AND A NEW
ENTRANCE DOOR TO THE ADU WILL BE ADDED TO THE SOUTH SIDE OF THE EXISTING HOUSE.
SITE INFORMATION
Location (address if available): 11065 SW 79TH AVE.TIGARD,OR.97223
Tax map and tax lot number(s): 1 S136CA0 2500
Site size: 10,153 SF Zone: R4.5
APPLICANT INFORMATION
Name: SCHUYLER SMITH
Mailing address: 4103 NE TILLAMOOK STREET City/State: PORTLAND, OR Zip: 97212
Phone: 503.208.5678 Email: schuyler@polyphon.com
Applicant's representative: BRETT KILGORE
Phone: 503.327.8679 Email: brett@polyphon.com
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 Page 1 of 2
PROPERTY OWNER INFORMATION ❑ Same as applicant
(Attach list for additional owners)
Name: KLARISSA OH
Mailing address: 11065 SW 79TH AVE. City/State: TIGARD,OR Zip: 97223
Phone: Email: klarissa.oh@gmail.com
SUBMITTAL REQUIREMENTS
In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of
Tigard's Community Development Code. If you are unsure what is required with your application,please contact
the planner on duty at 503-718-2421 or tigardplannerondutyna tigard-ongov.
I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard
Community Development Code. To the best of my knowledge, all the information provided within this application
package is complete and accurate.
SCHUYLER SMITH 10/1212020
Applicant's signature* ` Print name Date
KLARISSA OH 10/14/2020
Property owner's signature* Print name Date
, M. - GRAHAM RESIDE 10/1412020
Property owner's signature* Print name Date
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
STAFF USE ONLY
2
Case No.: 0 plication fee: �g Received by: _ AL Date:
Related Case(s): Determined complete by: " Date: —444
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
APPLICANT
MATERIALS
+*y h H r i HIS SPACE RESERVED FOR RECORDER^5 USE
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After recording return to:
Graham Reside
1706 Lillian Street
Nashville, TN 37206
Until a change is requested all tax
statements shall be sent to the
following address:
Graham Reside
1706 Lillian Street
Nashville, TN 37206
File No.: 7000-2794913 ()EJ)
Date: December 29, 2016
STATUTORY WARRANTY DEED
Klarissa Oh, Grantor, conveys and warrants to Graham Reside, as to an undivided 500/0 interest
and Klarissa Oh, as to an undivided 500/6 interest, not as tenants in common but with rights
of survivorship , Grantee, the following described real property free of liens and encumbrances, except
as specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
fo`low,:
Lot 23, FRIENDLY ACRES, in the City of Tigard, County of Washington and State of Oregon.
Subject to:
I. Covenants, conditions, restrictions and/or casements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $140,000.00 paid by an aecommodator pursuant to
an IRC 1031 exeha nge. (Here awrOy with iequmnents of oRs 93.o3o)
r
Page 1 ct 2
APN: 8282740 Statutory Warranty Deed File No.: 7000-2794913 (JEJ)
-continued
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195,305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this ��UA day of �� �u w��1 201
Klarissa Oh
STATE OF Oregon )
)ss. f
County of Clackamas )
This instrument was acknowledged before me on thi � da 0'f—'�� 2014
by Klarissa Oh.
I
Nota Public fo regon _
M o 9i n expires: ..a
OFFICIAL STAMP
JOYCE ELIZABETH JAMESON
NOTARY PUBLIC-OREGON
COMMISSION N0,925452
MY COMMISSION EXPIRES FEBRUARY 25,2018
i
�' Page 2 of 2
ZONING COMPLIANCE NARRATIVE
FOR PROPOSED ATTACHED ADU:
11065 SW 79TH AVE.
TIGARD,OR 97223
TITLE 18.220.050 -STANDARDS FOR ACCESSORY DWELLING UNITS
A. NUMBER OF UNITS
1. A MAXIMUM OF 2 ACCESSORY DWELLING UNITS ARE ALLOWED PER SINGLE DETACHED HOUSE.
(ONE ADU PROPOSED AND NO EXISTING ADU'S ON SITE-THIS STANDARD HAS BEEN MET)
2. A MAXIMUM OF 1 DETACHED ACCESSORY DWELLING UNIT IS ALLOWED PER SINGLE DETACHED HOUSE.A SECOND
ACCESSORY DWELLING UNIT MUST BE ATTACHED TO THE PRIMARY UNIT.
(ONE ATTACHED ADU PROPOSED AND NO EXISTING ADU'S ON SITE-THIS STANDARD HAS BEEN MET)
B. SIZE
1. THE MAXIMUM SIZE OF A DETACHED ACCESSORY DWELLING UNIT IS 800 SQUARE FEET.
(PROPOSED ADU IS 350 SQUARE FEET-THIS STANDARD HAS BEEN MET)
2. THE SQUARE FOOTAGE OF EACH ATTACHED ACCESSORY DWELLING UNIT MAY NOT EXCEED THE SQUARE FOOTAGE
OF THE PRIMARY UNIT.
(350 SF ADU<1,090 SF PRIMARY RESIDENCE-THIS STANDARD HAS BEEN MET)
C. HEIGHT
1. THE MAXIMUM HEIGHT OF A DETACHED ACCESSORY DWELLING UNIT IS 25 FEET.
(NO DETACHED ADU PROPOSED-THIS STANDARD IS NOT APPLICABLE)
2. A STRUCTURE CONTAINING AN ATTACHED ACCESSORY DWELLING UNIT MAY NOT EXCEED THE MAXIMUM HEIGHT
FOR A SINGLE DETACHED HOUSE IN THE BASE ZONE.
(PROPOSED ATTACHED ADU IS TO BE CREATED VIA CONVERSION OF PART OF THE EXISTING HOUSE[WHICH IS IN
COMPLIANCE OF MAX.HEIGHT],AND NO CHANGES TO ROOF HEIGHT ARE PROPOSED-THIS STANDARD IS MET)
D. SETBACKS
1. ACCESSORY DWELLING UNITS MUST MEET THE SETBACK STANDARDS FOR A SINGLE DETACHED HOUSE IN THE BASE
ZONE,WITH THE EXCEPTION THAT DETACHED ACCESSORY DWELLING UNIT MAY BE LOCATED WITHIN 5 FEET OF THE
REAR PROPERTY LINE IF THE ACCESSORY DWELLING UNIT IS 15 FEET OR LESS IN HEIGHT.
(PROPOSED ATTACHED ADU IS TO BE CREATED VIA CONVERSION OF PART OF THE EXISTING HOUSE[WHICH IS IN
COMPLIANCE OF MIN.SETBACKS],AND NO CHANGES TO SETBACKS ARE PROPOSED-THIS STANDARD IS MET)
E. ENTRANCES
1. ONLY ONE ATTACHED ACCESSORY DWELLING UNIT MAY HAVE AN ENTRANCE ON THE FACADE FACING THE FRONT
PROPERTY LINE.THE ENTRANCE TO A SECOND ATTACHED ACCESSORY DWELLING UNIT MUST BE ORIENTED TO A SIDE,
STREET SIDE,OR REAR LOT LINE.
(PROPOSED ATTACHED ADU ENTRANCE FACES SIDE PROPERTY LINE AND NO OTHER ADU'S ON SITE-THIS STANDARD
HAS BEEN MET)
F. PARKING
1. IN ADDITION TO THE NUMBER OF PARKING SPACES REQUIRED FOR THE PRIMARY UNIT,A MINIMUM OF 1 OFF-STREET
PARKING SPACE MUST BE PROVIDED FOR EACH ACCESSORY DWELLING UNIT.LOTS WITHIN 2,500 FEET OF A RIGHT-OF-
WAY THAT INCLUDES TRANSIT SERVICE ARE EXEMPT FROM THE ADDITIONAL PARKING REQUIREMENT FOR THE
ACCESSORY DWELLING UNIT.
(DISTANCE TO TRANSIT STREET=APPROX.1,500 FEET [fRIMET STOP ID:4305]-THE PROPOSED ADU IS EXEMPT
FROM THIS STANDARD)
2. AN ON-STREET PARKING CREDIT MAY BE GRANTED FOR THE REQUIRED ACCESSORY DWELLING UNIT PARKING
ACCORDING TO THE STANDARDS OF SECTION 18.410.090.
(THIS STANDARD IS NOT APPLICABLE)
G. HOME OCCUPATIONS
1. TYPE II HOME OCCUPATIONS ARE PROHIBITED ON A LOT WITH TWO ACCESSORY DWELLING UNITS.
(ONLY 1 ADU PROPOSED AND NO ADU'S EXISTING ON SITE-THIS STANDARD IS NOT APPLICABLE)
H. ACCESSORY DWELLING UNITS IN ACCESSORY STRUCTURES
1. ACCESSORY DWELLING UNITS MAYBE ADDED TO EXISTING ACCESSORY STRUCTURES SUCH AS GARAGES,SUBJECT
TO THE MAXIMUM SQUARE FOOTAGE AND HEIGHT RESTRICTIONS FOR EACH,AS MEASURED USING THE METHOD
PROVIDED IN SECTION 18.40.130. (ORD. 19-09§1;ORD. 18-28§1; ORD. 18-23§2;ORD. 17-22§2)
(THERE ARE NO PROPOSED ADU'S WITHIN ACCESSORY STRUCTURES ON SITE-THIS STANDARD IS NOT APPLICABLE)