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VAR1999-00011 Decision - ROSHAK VISION CLEARANC NOTICE F TYPE 11 DECISION , VARIANCE .(VAR) 1999-00011 CITY OF TIGARD ROSHAK VISION CEARANCE VARIANCE commytxxfty<Delej4lnent .S(tnpzrigA tBetter CbmmuraiLy 120 DAYS =1115199 SECTION 1. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: ROSHAK VISION CLEARANCE VARIANCE CASE NO: Variance VAR1999-00011 PROPOSAL: The applicant has requested Variance approval for a retaining wall and fence over 3 feet high in as vision clearance area at the intersection of two public streets. The City of Tigard Development Code states that no structures larger than 3 feet high may be located within vision clearance areas. APPLICANT: Henry Roshak OWNER: Same 16035 SW Roshak Road Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential. ZONING DESIGNATION: R-7; Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 16035 SW Roshak Road; WCTM 2S105CD, Tax Lot 11300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.795. SECTION 11. 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 of this decision. NOTICE OF TYPE 11 DECISION VAR 1999-00011 - ROSHAK VISION CLEARANCE VARIANCE PAGE 1 OF 5 THIS APPROVAL SHALL DE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION 111. BACKGROUND INFORMATION Vicinity Information and Site H'lstory: The subject property is a single-family residential lot created as part of the Heights and Heights 2 subdivisions. The retaining wall and a portion of the proposed fence are already built. Washington County originally issued a permit for the wall. After the intergovernmental agreement between the City and Washington County became effective, the City of Tigard issued a permit for the as-yet-unbuilt wall. At a later date, the fact that the wall is located within the vision clearance area Game to the City's attention. The property owner was advised that a variance to the vision clearance standard was the only way to allow the illegal wall to remain. Site Information and Proposal Description: The subject' property is located at a public street intersection and is developed with a single-family dwelling. The applicant requests a variance to allow a retaining wall and fence over three feet high in the vision clearance triangle. Section 18.795.030.8 states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall, structure or temporary or permanent obstruction. The vision clearance area is a 30-foot triangular area formed between converging property lines at a street intersection. The variance request is based on the assertion that the unique topography and other conditions of the lot and street justify departure from the standard. Because the developer had to cut the street fairy deep adjacent to the property, a retaining wall over three feet high was the most practical solution. The fence, which is proposed to continue alone the full length of the wall, is to be of a visually permeable (black cyclone) material Lastly, justification for the variance is based on the fact that the street corner is a four-way stop controlled intersection. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCE - APPROVAL STANDARDS: Section 18.370.010.A states a Variance may be granted from the applicable zoning requirements of this title where it can be shown that, cawing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. Section 18.370.0'10.C.2 states the Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: NOTICE OF TYPE 11 DECISION VAR 1990-00011 - ROSHAK VISION CLEARANCE VARIANCE PAGE 2 of 5 j The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity, The purpose of the vision clearance area is to promote a safe environment for vehicles by requiring unobstructed vision corridors across private property at public street intersections. The 3-foot height limit appears to equate to an average driver's eye level. Since this Development Code standard does not affect land use and since the requested variance is limited to a single unique situation, Staff does not feel that approval of the variance will compromise the intent of the code. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; As noted earlier, the street adjacent to the subject lot was cut as much as 8-feet lower than the lot. No other lots in the vicinity have a similar situation. Also, the fact that the intersection is a four-way stop helps ensure that vehicles will come to a full stop in a position that affords an unobstructed line of sight through the intersection. 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 reasonable economic use of the land, The use of the property i single-family residential, an outright permitted use in the underlying R-7 zoning district. The use will not change as a result of approval of this variance. Existing physical and natural systems, such as but not limited to trafific, drainage, dramatic land forms or parks will not be adversely affected any moro than would occur if the development were developed as specified in the title; and The retaining wall and fence will not impact the traffic system because the intersection is controlled by a four-way stop. Additionally, sight-distance is enhanced by the street elevations through the intersection. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. As noted earlier, the need for the tall retaining wall was created by the design of the street, which was approved as part of the subdivision and was out of the control of the property owner. The retaining wall itself was constructed in good faith based on permits from Washington County and*the City of Tigard. To remove the wall and relocate it outside the vision clearance area would be a significant financial hardship and would result in a loss of useable yard area. The special characteristics of the intersection allow for approval of a variance in this instance without compromising public safety. SECTION V QTHER STAFF COMMENTS The City of Tigard Engineering Department has reviewed this proposal and offered the following comments. Has an Engineer certified what the sight distance will be? If not, they should do so prior to approval. l NOTICE OF TYPE 11 DECISION VAR 1990-00011- ROSHAK VISION CLEARANCE VARIANCE PAGE 3 OF 5 g I Staff Response: City Planning and Engineering staff have visited the site to evaluate the affected intersection. The Engineering staff was satisfied that sight-distance was acceptable given the fact that the intersection is a controlled four-way stop. The City of Tigard Building Division has reviewed this proposal and offered the following comments: Provide design engineering for walls exceeding 4-feet high. Staff Response; The wall is already built and was constructed under approved Washington County and City of Tigard Permits, No indication has been given that the wall was not built as permitted. The City of Tigard Operations Department has reviewed this proposal and offered the following comments: Not a problem as land as intersection remains a four-way stop. The City of Tigard Police Department has had the opportunity to review this proposal and offered no comments or objections. SECTION VI. AGENCY & CITIZEN COMMENTS Comments from Agencies were riot requested as part of this Variance review. One neighbor commented in favor of approval of the variance since the situation was created by the approved street elevation. SECTION V11 PROCEDURE AND APPEAL INEQRMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 5, 1999 AND BECOMES EFFECTIVE ON AUGUST 20, 1999 UNLESS AN APPEAL IS FILED. Apnea( The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.6.1 may appeal this decision in accordance with Section 18.390.040.0.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13128 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF TYPE 11 DECISION VAR 1999- OOl I -ROSHAK VISION CLEARANCE VARIANCE PAGE 4 OF 5 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON AUGUST 19, 1999. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Nall, 13125 SW Nall Boulevard, Tigard, Oregon at (503) 639-4171 August 5. 1999 PREPARED BY: Mar J. Rober DATE Associate Planner etd August 5, 1999 APPROVE Y: Richard Bewe dorff --DATE Planning Ma ger hcurp1n\mjrlvarlvar99.11.dec NOTICE OF TYPE 11 DECISION VAR 1999-00011 - ROSHAK VISION CLEARANCE VARIANCE PAGE 5 OF 5 ONSTRUN:7 16,00' w ~ 1 j ..r_ 1 l.f 76 WALL. CE FA IL ; F WALL Oct/ dt t f Z RE ALKWA CL 4ek l Y. 0 / AU<WA)r t "URBAN SERVICE AREA. ROSNAK VISION EXHIBIT MAP VAR 1999-00011 CLEARANCE - - - _ - VARIANCE ma is not to scale s Vf S, u S~ ND CRSVE I *,,~,ic ~usaa~araa~ Hsrau sWV l RDN FF ' VICINITY MAP si'AHE R 1 sW CAT7AtL CT aitSTLEC[ttdE I I i I~ I I I I ~I "URBAN SERVICE AREA" SUBJECT VAR 1999-00011 I L_ l 1 1 1 1 i 1 jLcuL- SITE ROSHAK VISION SW Rt7SHAK ROAD E L CLEARANCE VARIANCE -T PAL SW RHUS T w E r c \t SW COLONY PL / \ z' f r E o sDa zao aco aao soo Beet 1 COLONYD 04f C 1 I ~ 9"=375 €oal 1 l SW COLONY D / ct) a, - I I t- ~ City of 1 tgtiTd fi Inform linnon this m.ip , or general location only and should by if ...,+u; L,, 7,, rent ScrAws Divisor.. 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